[kictanet] SILENT DEMO

[Mike Theuri]

Makai,

> Thats whats interest towards a common goal is all about...not minitutes of
> fame through demos....and uncalled for immature actions.

Disclosure: I'm not a member of the media fraternity and neither work
for a media house at the time of writing this message. I support the
manner in which members of the media handled themselves...maturely and
within their constitutionally guaranteed rights. If there had been
chaos, stone throwing or other disorderly conduct I might be able to
concur how this might amount to seeking fame or engaging in immature
actions. Let us be respectful of the media's right to peacefully
congregate, exercise their right to freedom of expression, associate
and present petitions on matters affecting their industry and
livelihoods, after all they are not engaged in this as a matter of
regular practice.

Going back to the process. Things went wrong at the legislative stage
when the MP introduced an agenda that was not subjected to exhaustive
debate by a full house or the semblance of it. The evidence is that 27
MPs voted for the measure, the house has 222 voting members thus a
mere 12% of the elected representatives of the people passed the
clause. Was this legal under the rules? Yes. Did it reflect the wishes
of the people and/or the government? Very unlikely given the reaction
by society. Indeed one must ask where the other 195 members were when
the vote was being held. Had the house been full, I'm sure there would
have been substantive debate and the final ammended clause would have
better reflected that debate. If the wananchi's representatives are
not present to convey their views and opposition to the bill then
wananchi have no choice but to express themselves through other legal
means. What other avenues did wananchi and the media have to get the
matter sorted out at this late in the legislative process without
first making sure that the focus was on the issue? Securing an
appointment with the President for 300 people in a timely fashion
prior to his signing the bill would be near impossible

The possible solutions are:

Political: Kenyans can elect hard working MPs from amongst themselves
who will go beyond technically reporting to work and be fully engaged
in the legislative process. Since there are no performance contracts
attached to these positions this is a hard one to enforce except once
every 5 years. The possibility of recall petitions and elections may
put MPs on notice that they could be recalled by their constitutents
should they fail to perform. Expecting MPs to pass a  "job
elimination" law that affects them any time soon is akin to wishful
thinking

Legal Procedures: Parliament can amend its standing orders procedures
to ensure that bills are not passed without a quorum present. As one
newspaper article recently observed, a single MP could single
handledly pass a bill!

Hearings: Parliamentary committees can conduct multiple public
hearings to obtain representations from members of the public and
stakeholders. The onus falls on all parties for this to be successful.
Such hearings should be easily accessible, well publicised and
attendees should strive to attend or submit their written comments.

Educational: Far broader educational initiatives for citizens to
understand how the legislative and parliamentary processes work at the
primary and secondary school levels will help educate future
voters/constituents on how they can be better engaged in the process.
I doubt that there are many Kenyans who take the time to write to
their MP to share their opinions on upcoming and pending legislative
matters.

Better Access to MP offices: Instead of seeking huge pay raises, it
would serve to spend the funds to provide better and easier access to
MPs through establishing or enhancing offices dedicated to providing
an audience to constituents. For example provision of toll free
numbers to MP offices and online contact forms through
www.bunge.go.ke, having staff dedicated to taking these calls and
presenting issues to the MPs would go a long way in getting
constituents views across.

These are just a few thoughts on how we can avoid such legislative
mishaps from happening in future, they are not overnight possibly not
even the right solutions. I'm sure others may have better ideas. I
have hope I have helped point out where things went wrong.


On 8/16/07, Benjamin Makai <benmakai at yahoo.com> wrote:
> Theuri !!
> My questions still upholds.. at what stage or  phase  of the process can one
> cite and say it is where things went wrong? Enlighten us....please !!
>
> I beleive in evidence..Am not in governemnt nor am in evidenceless
> scenarios.... We  can only learn by highlighting where their was deviation
> from the norms or agreed ways acceptable by all standards..proffessional,
> political etc.......Lets not just be a a list of people who support anything
> based on nothing.
>
> Educate others whom may share my concerns,at what stage of bill making
> process things went wrong..Lets brainstorm on possible causes of this, and
> at the same time identify the solutions to this now and in future..By doing
> so, then we shall be building a healthy nation.....In ICT evidence is key to
> an concern raised and at what level it happened....do we have auditors..more
> so systems and processes auditors in this list?
>
> Think of it and ask what can be done to ensure minimal people will not pass
> what we dont agree on in the future  and how all stakeholders opinions can
> always be factored in any situation be it that is being effected by
> technocrats, politicians etc for they are not the final say...and dwell on
> what is practical and realistic using approved and acceptable measures and
> indicators.
>
> Thats whats interest towards a common goal is all about...not minitutes of
> fame through demos....and uncalled for immature actions.
>