National Assembly Majority Leader Aden Duale addressing a press conference at Parliament Buildings. He has criticised MPs for not bringing enough Bills to the House and focusing on unenforceable motions. Photo/FILE NATION MEDIA GROUP
By EDWIN MUTAI
IN SUMMARY
Mr Duale said only 10 Bills were published by members during the first session of Parliament that ended last week although some MPs had filed motions, which did not call the Executive to action
The Constitution now bestows on Parliament the mandate of drafting Bills unlike in the past when the Executive performed the role, only presenting them to Parliament for approval
However, MPs cannot publish Bills that have a financial implication on the Exchequer without the Cabinet’s approval. The nine Bills that were published by MPs are pending action by the House
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National Assembly Majority Leader Aden Duale has criticised MPs for not bringing enough Bills to the House and focusing on unenforceable motions.
Mr Duale said only 10 Bills were published by members during the first session of Parliament that ended last week although some MPs had filed motions, which did not call the Executive to action.
“This is a very low number of Bills coming from MPs, considering our numbers in the House. MPs are now in charge of legislation,” Mr Duale said.
The Constitution now bestows on Parliament the mandate of drafting Bills unlike in the past when the Executive performed the role, only presenting them to Parliament for approval.
However, MPs cannot publish Bills that have a financial implication on the Exchequer without the Cabinet’s approval. The nine Bills that were published by MPs are pending action by the House.
Mr Duale said publication of Bills by members is free of charge because Parliament meets the cost of printing at the Government Printer.
“I don’t know why MPs prefer filing time consuming motions instead of coming up with new laws or publishing amendments to existing Acts of Parliament. Motions only urge government to act, but Bills compel it to do what an MP wants,” Mr Duale, who is also the Garissa Town MP, said.
Since Independence in 1963, only three motions have gone on to become laws.
The Higher Purchase Act was moved by former Nyandarua MP Josiah Mwangi Kariuki in 1970 while the Constituencies Development Fund (CDF) Act 2003 was moved by former Ol Kalou MP Muriuki Karue.
The Sexual Offences Act 2006 was moved by former nominated MP Njoki Ndung’u.
Mr Karue is now the Senator for Nyandarua while Ms Ndung’u is a Supreme Court judge.
The difficulty of motions becoming law arises from the fact that the government is not under any obligation to actualise the motions despite the existence of the Committee on Implementation of the Constitution (CIC).
The CIC is charged with ensuring House resolutions are implemented by the Executive.
Mr Duale said the National Assembly handled 41 Bills in the first session, some of which will roll over to next year.
He said 35 of the published Bills were generated by his office and warned that motions will not be entertained in the second session that starts on February 10.
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