Is Jubilee Party taking us back to the dark ages of Nyayo era?

Murang'a Senator Irungu Kang'ata knows a thing or two about the law, governance and politics, but does he understand democracy as practised in the Commonwealth? The Senate minority which responds to your questions.

Some of your colleagues have openly claimed that our bicameral Parliament is ‘dead’. In fact, they claim its committees are just but glorified ‘sanitisation booths’ meant to cleanse those who appear before them, including the Kirinyaga Governor. As the Senate Majority Whip, what is your take on this? Can Parliament redeem its image?

Komen Moris, Eldoret

I respect the opinion that Parliament is ‘dead’ but beg to differ. Both Houses have made recommendations that have led to convictions in courts, hence debunking the ‘sanitising booth’ narrative. The maize scandal that led to recent jailing of two prominent persons was unearthed by the National Assembly in 2015, and several governors are currently facing prosecution on the strength of recommendations of the Senate’s PAC. One impeachment should not be used to gauge overall performance of an institution, otherwise one would be guilty of the fallacy of false generalisation. The verdict for the Kirinyaga Governor’s case was rendered on its merits based on the evidence presented.

Whipping demands of elected politicians to first obey their party, not to serve their constituents. As such, it is a potent symbol of what many perceive to be wrong with our politics. The electorate is tired of party-line-toeing loyalists, preferring independently minded politicians with strong values. What are you doing to ensure political parties do not suppress the voice of the individual representatives, but unite those with a common cause?

Raphael Obonyo, Nairobi

Senators in Jubilee have been able to override the divisions as exemplified by how they have voted in the revenue sharing debate.

As a youthful leader who has risen very fast in politics, having served as a student leader at the University of Nairobi, a councillor, an MP and Senator at 37, what advice would you give to budding young politicians?

Maina Wanja, Kiambu County

Kenya has enshrined freedoms of expression and of thought, which must be enjoyed by all Kenyans, including elected politicians. However, Article 38 of the Constitution, as read with the Political Parties Act, anchors political parties in Kenya’s democratic foundations. Having read manifestos and elected to join political parties as opposed to vying as independent candidates, elected politicians are enjoined to adhere to their party tenets. Parties, including Jubilee, have constitutions which often give instances when elected politicians can act ‘independently’. This strengthens politics, in my view, because this ‘toeing party line’ produces predictable and stable politics based on a publicly available party manifesto. Jubilee’s constitution provides that “a member of the National Assembly or Senate shall not, without justification, oppose party positions and policy in Parliament”.

Senators don’t have kitties and developmental funds to carry out social and related activities like members of the National Assembly, who have CDF, and Governors, who have access to conditional grants and shareable revenues. With such a disadvantage, how can Senators meaningfully participate in the development of their counties?

Sammy Kahura

The constitutional doctrine of separation of power posits that parliamentarians should make laws and oversight whereas governors and presidents execute development. If one fuses developmental and oversight functions, checks and balances will collapse and open the doors for abuse of power. There will be no one to oversight MPs’ developmental funds and hence I support the current status quo. However, due to voters’ expectations, I often lobby various development projects through relevant ministries for my Murang’a County residents. In July 2020 I organised a meeting in Nairobi where the Murang’a Development Plan was discussed. It is now being implemented.

During the burial of Charles Rubia you told the President not to appoint the 41 Judges recommended to him by the JSC. Don’t you feel your utterances were a contempt of the High Court verdict that had found the continued delay to appoint the judges a gross violation of the law?

Andrew Maranga Ratemo, Nairobi

The law of contempt does not bar the public from criticising judgments rendered by courts as long as the criticism is objective and impersonal. I guess my criticism was fair and objective. If construed otherwise, Kenya would be setting a dangerous precedent of hoisting one arm of the government (read Judiciary) above the Constitution. In some democracies like Japan and the US, to ensure judicial decisions rhyme with public views, most judges are elected directly by the people and hence criticism of judicial decisions is the norm.

The ‘Handshake’ seems to be derailing and interfering with Parliamentary democracy. Besides governance, how has it been helpful in legislation, representation and oversight in respect to the Senate?

Dan Murugu, Nakuru

For the first time in its history, the Senate was able to successfully prosecute an impeachment of a governor under the Handshake arrangement. This was oversight at its best. Notwithstanding the current stalemate, discussions on revenue sharing in senate have been enabled by the Handshake.

Jubilee Party is currently so divided that leaders have been speaking at each other and no side is interested in listening to the other. How do you whip Senators when the chasms among them run so deep? What would have to happen for Jubilee to come back together?

Alfonse Oliech, Elburgon

I guess people excel in the field they have a keen interest in. All factors being constant — ceteris paribus — the more hours one puts on a subject the more likely one will succeed. Hence success tends to be proportional to the input hours. If you want to excel in sports, exercise more. If you want to succeed in academia, read more. The point is, I grew up reading and following politics, both nationally and internationally. I guess ‘trying’ can assist — try to vie for a position. If you fail, learn the lessons and make amends for the future.

You and the current Jubilee leadership appear hell-bent on crushing any form of opposition like Saul of Tarsus. Kenyans paid dearly to end Kanu’s one-party dictatorship. Why are you determined to take us back there as Senate Majority Whip?

Carey Yiembe, Mombasa

Jubilee is not hell-bent on crushing any form of opposition. We are democrats who respect diverse opinions.

Why is the CRA not given the final say on the formula for revenue sharing among counties? Leaving it to politicians is not the best option, in my view, because they mess up everything.

Githuku Mungai, Nairobi

The Constitution notes that CRA’s role in this debate is advisory. Nothing more! Whereas CRA is staffed with very competent experts on matters development and public finance, I think it is best to have politicians have the final say on this issue. This is because politicians, unlike CRA which is an unelected body, have the electoral legitimacy to discuss and render decisions on complex policy issues like revenue sharing. Despite the shortcomings, elected politicians understand ‘political nuances’ better than unelected agencies of government. For example, in this revenue sharing debate, CRA has tended to bring proposals that exacerbate the problem like a formula where more counties lose revenue. Proposals by politicians, on the other hand, have geared towards reducing the number of losing counties or minimizing the losses. This is positive to me.

Two months ago you sat in the disciplinary proceedings against Jubilee Party Nominated Senators who were accused of disrespecting President Uhuru Kenyatta after snubbing his invitation to State House. What is the progress on that matter?

Dan Murugu, Nakuru

The senators were heard by the party’s disciplinary committee. However, according to the Jubilee constitution, that committee’s decision is not final. It has to be ratified by the National Executive Committee (NEC) that comprises, among others, chairman of the party, myself as the whip and President Uhuru Kenyatta as the party leader. NEC is yet to meet. Once it meets, a decision will be communicated. Of course I am on record having proposed the said members be treated leniently.

As MP of Kiharu between 2013 and 2017, you are credited with lobbying for tarmacking various roads. Now that you hold a senior position in government, what can we, your constituents, expect in so far as seeing more roads being tarmacked?

Noah Gachanja, Murang’a

The good job being done in Murang’a is also being done nationally. I have visited coastal, western and northern parts of this country and seen good work being done by the government. But, to respond to your query, in conjunction with Murang’a MPs, we have lobbied to have Mau Mau Road that traverses Gatanga, Kigumo, Kiharu, Kangema and Mathioya constituencies to be tarmacked. Mbombo-Igikiro-Makuyu-Lower Gatanga Road is almost complete. And many others.

Icagaki and Kahumbu roads in Kigumo and Maragwa are being done. The main Kandara road which leads into Githumu and Kangari has been redone. Mgala muue lakini haki mpe. President Uhuru Kenyatta has done an excellent job in terms of infrastructure in the entire country. My work as a whip is to assist his government.

In the 2017 elections, you campaigned jointly with Governor Mwangi wa Iria yet it now seems the two of you have fallen and it was clear for all to see when the governor was before the Senate Committee over usage of public funds. What led to the fallout?

Abdalla Mwalango, Kimorori Wempa, Maragua

What I raise in the Senate in regard to Muranga is not personal but it is strictly restricted to issues raised by the Auditor General. Therefore, I do not view it as a fall-out per se but rather it is execution of expected duties of the senate. The steps of an audit process include entry meeting, exit meeting, draft report, management letter and finally the report which the auditor tables before the senate. All these are ample opportunities given to the governor to respond and or rebut various issues and hence avoid grilling by Senate.

Majority of counties particularly from Rift valley are likely to benefit from the proposed revenue sharing formula yet they are rejecting it. What, in your view, could be the reason for their rejection of the proposed revenue sharing basis?

Dickie Murimi, Kirinyaga

Thanks but I am not sure if indeed it is factually correct to state majority of counties from Rift Valley have rejected the revenue sharing formula. For example, West Pokot, Uasin Gishu, Nandi, Bomet, Trans Nzoia, Kajiado, Nakuru and Laikipia (and Kericho in some instances ), have all supported the formula. It is only Elgeyo Marakwet delegation which has consistently supported an alternative view which it thinks is better.

You have never lost an election from the time you took a plunge in electoral politics. Reports out there suggest that you could be considering going for the Murang’a governor position in 2022. On the other hand, with the new seat that you now hold, your enhanced national profile and enhanced educational background, you could choose to aim for a national position like deputy prime minister post-2022 if BBI creates it. What are your 2022 plans?

Peter Njuguna

Thanks for your compliment, I am humbled. However, let me concentrate on my current immense duties. Let us cross the 2022 bridge when we get there. That is what the president has told every Jubilee legislator to do.