Why there’s a push for House speakers to have degrees
Members of the National Assembly and Senators will hold joint committee sittings while investigating cross-cutting issues under a new bill aimed at fostering cohesion between the two Houses of Parliament.
What you need to know:
- The petitioner, Simon Lenguiya, argues that the lack of academic and professional qualifications required for one to become a speaker of the three legislative entities has a direct impact on the legislative agenda.
- The petitioner prayed that Parliament amends the law to include degree requirement for one to be elected as speaker of a county assembly, the Senate, or the National Assembly.
The push to have Speakers of Parliament and county assemblies hold degrees is gaining momentum, as lawmakers consider a petition before the Senate.
The petitioner, Simon Lenguiya, argues that the lack of academic and professional qualifications required for one to become a speaker of the three legislative entities has a direct impact on the legislative agenda.
The petitioner prayed that Parliament amends the law to include a degree requirement for one to be elected as Speaker of a county assembly, the Senate, or the National Assembly.
The Senate Justice and Legal Affairs committee has now backed the proposals to have in place such qualifications.
In a report tabled before the House, the committee led by Bomet Senator Hillary Sigei recommended for the laws to be amended to make speakers degree holders.
Should both Houses of Parliament agree with the committee, then holders of the position will be compelled to be degree holders.
The committee recommends that Parliament amends Article 106 (1) (a) of the Constitution on speaker and deputy speakers of parliament to delink the qualifications for one to be a Speaker of a House of Parliament from those of the members.
According to the Constitution, the qualifications to be elected as the Speaker of either House, are in tandem with the qualifications an individual must fulfill to be eligible to be elected as an MP.
The law states: “There shall be a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members.”
When it comes to the Deputy Speakers, it provides that the candidate from either House shall be elected by that House in accordance with the Standing Orders, from among the members of that House.
The constitution is however silent on the issue of academic or professional qualifications.
Further, the committee wants parliament to amend Section 21(1) of the Elections Act (No. 24 of 2011), to delink the qualifications for one to be a speaker of a county assembly, from those of its members.
It states: “The speaker of a county assembly shall be elected by each county assembly in accordance with the Standing Orders of the county assembly, from among persons who are qualified to be elected as members of a county assembly but are not such members.”
To cure the lacuna in law, the report called on Parliament to legislate on the qualifications required for one to be a Speaker of a county assembly, the Senate or the National Assembly.
Currently, the Constitution and Election Act are silent on the academic qualification of the holders of the office of the speaker of a County Assembly, the Senate, or the National Assembly.
“The position of Speaker of a county assembly, the Senate or the National Assembly is a critical role in the democratic architecture of the state for which care must be taken in how it is filled, including the qualifications that one must meet to occupy such a position,” the report reads in part.
In drawing their conclusion, the Committee noted that there have been eight Speakers of the National Assembly and four in the Senate since independence.
Despite the absence of academic and professional requirements for the position, all 12 Speakers have been persons holding a minimum of a bachelor’s degree, with six of them holding a minimum of a bachelor’s degree in law.
The committee also proposes the amendment of Section 21(1) of the Elections Act (No. 24 of 2011) to delink the qualifications for one to be a Speaker of a county assembly, from those of its members.
Article 178 of the Constitution provides that each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly.
“Parliament shall enact legislation providing for the election and removal from office of speakers of the county assemblies,” the constitution states in part.
However, one member of the committee, Busia Senator Okiya Omtatah differed with his colleagues, saying he is not persuaded that the proposed amendment would pass the threshold set by Article 24 of the Constitution on limitation of rights and fundamental freedoms.
In opposing the majority report, Mr Omtatah argued that the courts have ably stated that academic qualifications do not equate to leadership ability or competence, nor are they a measure of integrity.
“I hold that the election of the Speaker of a county assembly, the Senate or the National Assembly is a purely political process, similar to that of the members of Parliament and the county assemblies,” he said.
However, the committee held that while the Speaker of a legislature serves as an ex-officio member of that House, the roles, functions, powers, and responsibilities of the speaker differ significantly from those of the members, as does the mode of election and vacation from office.
Further, they said there has been no judicial pronouncement specific to the academic and other qualifications for one to be elected as speaker of a county assembly, the Senate or the National Assembly.
“Instead, the decisions emanating from the courts have focused on the academic qualifications for one to be elected as a member of the respective House, which have, in effect, included the speaker.”
Presently, it’s only Presidential candidates and their running mates and governors and their running mates required to hold a degree as provided for in Section 22 of the elections law.
