59 NOMINATED MEMBERS OF PARLIAMENT?!
In a modern democracy, power must reside with those on whom it is conferred by the people for the formation of a government. This is the reason why there has been a chorus opposition to a non elected Prime Minister. If this is the basis of argument for elected members be it a president or members of parliament, then on what grounds does the Members of the Parliamentary Select Committee on Constitution meeting in Naivasha propose that political parties nominate 12 members of parliament, and the would be counties to nominate 47 members? There is absolutely no wisdom in this, and every Kenyan must resist and vote no for this proposal.
I would embrace the idea or proposal for Nominated Members of Parliament (NMP), only and only if the purpose was crystal clear as to the function, purpose and whose interest is represented. However, when political parties are given opportunity to nominate 12 members of parliament then we must ask why, how, and whose interest do these NMP represent? It is evident the 12 NMP represent interest of some political parties based on the criteria of their nomination. We cannot afford to deprive Kenyans of their right to elect their leaders. What I am saying is that there is no rational or valid reason for political parties to nominate members of parliament. That power rests with the people of Kenya and not political parties.
A nominated member of parliament in my view is supposed to bring a more independent voice in parliament. In essence the NMP does not represent any political party. Technically they should represent citizens without any political affiliation. We cannot assume that all Kenyans belong to some political party. So if the PSC believes that there is value in giving a voice in Parliament, and therefore the opportunity to question the Government, to those whose primary interests lie outside politics, then a criteria must be arrived at to nominate people such as Journalists, Writers, Artists etc, and these individuals must not or should not join any political party so that parliament is able to use their independent views on different matters. This will provide parliament with opportunity to access independent opinion, and therefore legitimacy in tax payers’ obligation to pay NMP. And when the nomination is done the criteria should consider those who are still active in such said professions, or only recently retired from, other professions, and who can frequently make a significant contribution to debate. This should be true not only in the examination of legislation, but also in more general, debates on topical issues. It is for this reason that we should consider such a proposal for NMP
Going by this argument then the nomination of 12 MPs by political parties is defective and cannot be allowed to happen. In so far as 47 NMP by counties, this is also ridiculous. Subject everyone to election so that democracy becomes democracy. We cannot allow the system to design room for sycophants and MPs whose loyalty will not be to the people, but to political parties.
It, therefore, makes perfect sense for Kenyans to rally against the proposal for NMP as presented by PSC.
Mordekai Ongo
The very sentiments I expressed earlier (see below!). We absolutely concur!
Appeal to PSC and Constitutional Experts
<Elected MPs will increase to 266 while 59 will be nominated
The new constitution, if it will see the day of light, should help Kenyans seal all the avenues and and highways of corruption in Kenya. I want to appeal to Kenyans to call their MPs, civil societies and other pressure groups to ensure that the number of nominated MPs in parliament remains 12. Nominations of individuals without constituencies that they represent has promoted too much corruption in our political parties in Kenya. Believe me, those nominated literally pay hefty figures to be nominated. I think this is one of the sources of corruption that has to sealed by the experts if they are serious about their work. Everyone who seek to represent people in parliament must be subjected to the same requirement. I therefore appeal to you to use the power of the Internet to make your voice heard.
The other issue that PSC and the experts must deal with is the establishment of independent candidates starting from the constituency to the presidency. The constitution must give room for independent candidates. We have had many parties in Kenya because the constitution appear to be supporting the view that it's only political parties that should produce good leaders. The truth of the matter is that our political parties are individually owned and are thus run like family business. Write to newspapers and other pressure groups to make a strong case on behalf of the people of Kenya.
The last point is about which system should be preferable. I think the experts have failed Kenyans because the people thought that with the repertoire of governance knowledge, they would come up with a water-tight system that will not be open to abuse. Here, I must regret that the experts have done zero work. They allowed themselves to be influenced by the parties yet they knew, like every small child in the street, that the constitution is not being made for any party neither is it being made for some individuals. We want to make it very clear that:
1. Kenyans are looking for a system where presidential and parliamentary elections will be held separately (possibly with a difference of 2 – 3 years)
2. the person who emerges the winner as president will perform state duties as will be defined by the constitution
3. after 2 or 3 years, parliamentary elections will be conducted and the party that garners majority in parliament will forward three names to the president to nominate one of them to form the government.
It's as easy as that! This is what the experts should have done to save us all the noise in Kenya. The justification of adopting this system is to ensure the maturity of our politics and making our politics more issue-based! This will also ensure that the party forming the government will run it according to the platform agenda they have promised during the entire campaigns.
The other addition that I would also want to suggest to the PSC and the committee of experts is a provision that carters for the other parties when it comes to appointments (especially, the cabinet). We must do away with the "winner-takes-all" attitude and create room for a few slots in the cabinet for the opposition. When it comes to national affairs, you need even those dissenting voices from the opposition to provide direction – this is the constitution that will bring stability!
(Unedited)
Dr. Otieno Mbare
I fully agree with your take on NMP. If it is true that the PSC has agreed on PURE PRESIDENTIAL SYSTEM, then there is NO need for the NMP scheme in Kenya parliament again!. I don’t see the role of none elected MP in pure presidential system in the parliament or in the US congress that the PSC is telling the public that they are modeling this Pure Presidential System after the US.
If the president wants to nominate the so called NMP members into his cabinet via the the approval of the legislative branch there should be No objection!. Winning and loosing political parties should have ZERO constitutional RIGHT to nominate or reward their cronies with public post in the national or regional assembly in Kenya. I don’t care how many MPS, constituencies or districts will be needed for the new constitution so long as all MPS are elected, this should be OK with the public. The MPS elected by the public in the system will be accountable for the voters, NOT the party bosses who may selected the likes of (NMPS)!
The public must vote/elect their representatives at all levels of governments in this country if this constitution is to bring the long waited political change in this country. Any MP who cannot win public vote in their respective districts should not be awarded with this “backdoor” corrupt deal of the old NMP system. Again, if this NMP pool is so instrumental for political well being in this country, then these politicians should appoint them to run their political parties not put them in public payroll!!!
From where I am standing, the problem with Kenya politics as I see it is that the public does not pay detailed attentions to what Mr. Ongo has brought to our attention here, (the NMP) scheme by PSC. The focus of the public and the PSC alike is always on the executive powers rather than focusing on other things like the potential powers of the legislative branch.
Yes, in pure presidential system the power of the president will be checked by both Legislative and the judiciary branch BUT WHO WILL CHECK THE POWERS OF THE LEGISLATIVE BRANCH IN MEANING FULL WAY????????. Before this revised document is passed/adopted, Kenya public should pay attention to what these PSC have carved for themselves… on behalf of the legislative branch in this constitution!
I have not seen/read the revised constitution but I bet the legislative branch have carved up some( clauses) that will be ingrained in this document for years to come for their own benefits. The NMP scheme you Mr. Ongo is pointing out here is the tip of the ice bag in this revised document by the PSC. The ruling class and the political parties they represent! It is mind bugling to see or know where Kenya government get resources to pay the bloated cabinets, MPS with their lucrative expenses and now add another 12 NMP gang in the new constitution??????. Thank you for your take Mr. Ongo!