Deputy President Rigathi Gachagua.
On a day when Deputy President Rigathi Gachagua filed a petition in court seeking to suspend public participation in the impeachment motion against him, at least six questions remain unanswered about the National Assembly exercise that kicks off in all the 290 constituencies on Friday.
The exercise is in line with Article 118 of the Constitution, which requires Parliament to facilitate public participation and involvement in the legislative and other business of Parliament and its committees.
The massive exercise, which necessitated the suspension of the National Assembly on Thursday, is being facilitated by parliamentary staff and is intended to inform the debate on Mr Gachagua's impeachment motion, which is expected to take place on Tuesday next week.
The lawmakers' only role is to introduce the parliamentary staff and provide a conducive environment for the exercise.
Despite the deployment of resources and parliamentary staff to facilitate today's exercise, questions have been raised about the need for the process and its outcome.
Some MPs have told the Nation that the exercise is just a public relations exercise to tick the box of Article 118 of the Constitution, but it's unnecessary as the public would have just sent their memorandums online.
The courts have in the past struck down several laws passed by Parliament because the legislature did not conduct sufficient public participation.
A dispatch from Parliament seen by the Nation defended the process, arguing that the courts had directed that public participation be an integral part of the removal process.
Gatanga MP Wakili Edward Muriu said public participation will not only enable lawmakers to debate the motion from an informed position but will also have a significant impact on the final vote that will be taken in the House on Tuesday.
"It is expected that MPs will debate the motion from a more informed point of view because they will know what the people want based on the public participation report," Mr Muriu said.
At the top of the list of questions is the threshold of people expected to participate in the exercise, which is to be conducted in the 290 constituencies but coordinated from the 47 county venues.
The lack of a definitive number of people per constituency expected to attend the exercise leaves gaps and room for politicians to mobilise and transport their loyal supporters to the said venue, and it passes that a particular region has done public participation.
In the recall of an MP, for example, the threshold of those expected to sign the petition well defines the requirement to be met.
Sections 45 and 46 of the Electoral Act require the petitioner to collect the signatures of at least 30 per cent of the registered voters in the constituency.
The signatures must include at least 15 per cent of the voters in each of at least half of the wards in the constituency.
When this question was put to Parliament, the institution said there was no defined sample number of people for the exercise.
"On the threshold of public participation, the courts have also guided that public participation must be meaningful in both qualitative and quantitative terms. While there is no defined sample, public participation must be as broad as practicable within the defined parameters," the Parliament said.
The question of the verification process of the people who will turn up for the exercise in the constituencies also remains unclear, as the parliamentary officials who will conduct the exercise have no data register to verify whether the person who has filled in the form has provided the correct identification details.
Unlike at the polls, where the Independent Electoral and Boundaries Commission (IEBC) has a voter register to verify voters before a person is allowed to vote, there is no such verification register in parliament, raising fears that a person could take many forms and indicate that they oppose the impeachment motion.
This will jeopardise the final report that parliamentary officers will compile for the clerk's office, which will form part of next week's debate.
Parliament has said that during the public hearings, members of the public will make their views known orally and/or through written submissions and representations.
A public submission form will be made available at all constituency and women's representative district offices to guide the public in making submissions. The form can also be downloaded from the Parliamentary website.
The question of what will happen if the majority of counties reject the impeachment motion during the exercise also remains unanswered.
According to Muriu, the report from the exercise will not be binding on the House, but he warned that it will have a huge impact on the final vote.
"If the people say no and the House says yes, it will be a big dilemma for MPs because if your constituency says no, as an MP you can't go against them on the floor of the House during the vote," Muriu said.
"Remember that MPs have a coalition with their constituents if they have said, then as an MP you have to listen to them, otherwise where will you go? He asked.
The issue of logistics also came to the fore, with some MPs questioning whether Parliament has enough staff to traverse the 290 constituencies to facilitate the exercise.
Embakasi Central MP Benjamin Gathiru aka Mejjadonk wondered if parliament can have the resources to coordinate such an exercise.
Mr Gathiru, together with his Kitui Central counterpart Makali Mulu, also questioned the facilitation fee that some MPs received while others, especially those who signed the impeachment motion, were left out.
"The money was political, it was not given to anybody but only those who signed the motion. We confronted the clerk and that's what we learnt," Dr Mulu told the Nation.
Mejjadonk said it would have been fair for all MPs to be facilitated as the exercise will take place in the 290 constituencies, including those who did not sign the impeachment motion.
It will also be a real dilemma for MPs, especially those from Mt Kenya who signed the impeachment motion, to face their constituents during the exercise.
Mejjadonk said they are waiting to see what the MPs who signed the petition will tell the people on the ground.
"Some MPs have already started saying that they only signed the petition and that doesn't mean they are voting for him, it's the ground telling them to change. Some MPs tend to do what they think is right without listening to the ground," Mejjadonk said.
He pointed out that it is not only MPs from Mt Kenya who will face opposition from their constituents but also MPs from other regions.
"It is not only in Central if you listen to people from Kisii, Bomet to Luoland, the public is saying they did not send their MPs to sign the motion," he said.
Describing the exercise as a waste of public resources, Dr Mulu said MPs who signed the motion would have a tough time with the people today.
"For those of us who did not sign, we are with the people. You are wondering where you are going to get money to facilitate all these MPs but there is no money for our health care, to employ teachers and the country is also facing hunger," said Dr Mulu.
Dr Muriu said it would not be an easy task for the MPs who signed the motion without first consulting their people.
"It's a real dilemma, my friend, it will be very difficult for the MPs especially those who signed without the blessings of the people," Mr Muriu said.
At the end of the public participation exercise, the reports detailing the views received from all the constituencies will be collated and consolidated into one report.
The public participation report will then be tabled in Parliament by Mwengi Mutuse, the Mwingi West MP who moved the special motion.
The report will form the basis of debate and voting in the House during consideration of the special motion on Tuesday next week.
