CIC asks court to stop ministers’ grilling

Politics and policy

Commission on Implementation of the Constitution chairman Charles Nyachae at a past Press conference. PHOTO | FILE 

By BRIAN WASUNA

In Summary

• CIC has accused the House of trying to revive “the celebrated parliamentary Question Time’’ which was abolished following promulgation of the Constitution.
• Speaker Justin Muturi suspended the sessions on Wednesday after an intervention by President Uhuru Kenyatta amid protests by the opposition.

The Commission on Implementation of the Constitution has asked the High Court to bar the National Assembly from summoning Cabinet secretaries to the floor of the House to answer MPs’ questions.

CIC has accused the House of trying to revive “the celebrated parliamentary Question Time’’ which was abolished following promulgation of the Constitution.

Speaker Justin Muturi suspended the sessions on Wednesday after an intervention by President Uhuru Kenyatta amid protests by the opposition.

CIC chair Charles Nyachae wants the sessions banned, saying they breach the principle of separation of powers as Cabinet secretaries are only accountable to the President and parliamentary committees.

The House had amended its Standing Orders to create the General Oversight Committee, which is a sitting of all members and is chaired by the Speaker.

Under the system, Cabinet secretaries were to appear before the committee for two-and-a-half hours every Tuesday, starting from 10am, to respond to questions from lawmakers on various issues of concern before the House.

READ: Cabinet secretaries will not face MPs in House, says Speaker

Lands secretary Charity Ngilu appeared before the committee last Tuesday despite a statement from Chief of Staff Joseph Kinyua insisting that such summons were illegal.

Her Education and Interior colleagues, Jacob Kaimenyi and Joseph ole Lenku, left Parliament Buildings before being questioned.

MPs defended the sessions arguing that they were not a House sitting but a General Oversight Committee comprised of all 349 MPs.

Mr Nyachae disagreed. “It is clear that the National Assembly in its deliberations was looking to create a loophole through which it could circumvent the letter and spirit of the Constitution by re-introducing Question Time,” said Mr Nyachae.

No consultation

He said that the MPs did not consult Cabinet secretaries and the Executive prior to amending the Standing Order, yet they were to be directly affected by the decision.

“The introduction of the above requirements directly affects operations of the Executive as its members, being CSs, will be required to sit in the National Assembly on a weekly basis thus denying them the opportunity to effectively attend to their duties,” Mr Nyachae added.

CIC claims it had advised the MPs against the committee, but the legislators did not respond.