Streamlining Kenya's Legislature: A Comprehensive Approach

What’s the quickest, surest way to become rich in Kenya? Well, become a politician or get to know one.

Government is a way to accumulate wealth in Kenya, and this means it will always attract the wrong people with the wrong intentions.

Kenyan MPs are among the highest-paid lawmakers globally, surpassing their counterparts in many developed countries. A 2013 study by the UK-based Independent Parliamentary Standards Authority and the International Monetary Fund ranked Kenyan legislators second only to Nigeria. The 416 MPs — 349 in the National Assembly and 67 in the Senate — have an annual take-home pay of KSh 16.5 million.

Such high compensation makes politics a lucrative career, often attracting individuals with self-serving motives rather than a genuine desire to serve the public.

Here, I outline strategies to ensure a functional government that serves the people and not just a select few.

Removal of the Senate

Rationale:

While a bicameral legislature sounds appealing, it is not feasible in a country with a debt six times its GDP. The Senate significantly adds to the budget without providing unique value, making it a luxury we cannot afford in these trying times.

Senate Composition and Costs:

• 47 elected members by county.
• 16 nominated women members.
• 2 members representing the youth.
• 2 members representing persons with disabilities.
• The Speaker, an ex officio member.

Each senator earns a salary of KSh 710,000. If the senator serves as Leader of the Minority Party or Majority Party in the Senate, they receive KSh 768,000. Senators also receive various allowances and benefits:

• Official Transport: Senators receive official cars from the Kenyan government, with an engine capacity of 3000cc.
• Medical Benefits: Medical benefits cover the senator, their spouse, and up to four children under twenty-five years, fully dependent on the senator. The senator receives an inpatient cover of KSh 10 million, outpatient cover of KSh 300,000, maternity cover of KSh 150,000, dental cover of KSh 100,000, and optical cover of KSh 100,000.
• Retirement Benefit: Senators are eligible for retirement benefits based on the law granting pensions to persons who have been members of the National Assembly and their dependents.
• Group Life Insurance and Group Personal Accident: Senators receive group life insurance cover and group personal accident cover, whose value is equivalent to three times their annual pension.
• Airtime: Senators receive airtime worth KSh 15,000 monthly.
• Security: Senators receive security as advised by the Inspector General of Police.
• Committee Sitting Allowance: The allowance varies depending on their position on the committee. A senator who is the chairperson of a committee receives KSh 15,000 per sitting, with a maximum of KSh 240,000 monthly. The vice-chairperson receives KSh 12,000 per sitting, with a maximum of KSh 192,000 monthly. A committee member receives KSh 7,500, with a maximum of KSh 120,000 monthly.
• Mileage Claim: Senators are eligible for a mileage claim of one return journey weekly from Nairobi to their respective county offices at KSh 116.63 per kilometer.
• Car Loan and Mortgage Benefit: Senators are eligible for a car loan of up to KSh 8 million and a mortgage benefit of up to KSh 35 million.
• Special Responsibility Allowance: Senators receive up to KSh 150,000 for special responsibilities beyond their stipulated duties.

Alternative

The duties of senators shall be delegated to MPs; for example, MPs of Nairobi County will oversee Nairobi County and represent it in parliament.

By abolishing the Senate, we would save approximately KSh 1.24 billion monthly and KSh 14.88 billion annually, which could be redirected to critical areas like healthcare, education, and infrastructure.

Abolishing the Women Representative Position

Gender balance involves ensuring that every Kenyan has the same opportunity to join the government, irrespective of their gender. However, this is far from being achieved. All levels of government are dominated by one gender—men. It is almost impossible for a woman to become a governor, extremely difficult to get a senate or MP position, and being a female president is a joke that many would simply dismiss without much thought.

The position of Women Representatives in Kenya, though well-intentioned, has not significantly closed the gender gap in administrative positions. To achieve a more balanced and equitable representation of women in government, we need to explore alternative strategies that do not involve simply adding more seats or nominations, which would increase administrative costs.

Rationale: Abolishing the Women Representative position aims to integrate gender equality into the broader political framework rather than isolating it as a separate category. This shift encourages systemic changes that promote gender balance across all levels of government.

• Empowering Women Through Political Parties: Women should take up significant roles in political parties.
• Female Empowerment Wings: Each political party should have a female empowerment wing aimed at nurturing female politicians, especially those younger in their political journey.
• Gender Quotas: No more than 60% of nominations shall be of the same gender from a party. If this rule is violated, the entire party and its members will be barred from holding elections.
• Gender Balance in Leadership Positions**:** Governors and presidential candidates should not have deputies of the same gender.

Abolishing Bursaries

No member of parliament should ever handle public money directly. Bursaries are often used by MPs to embezzle funds. We need to uphold the separation of powers with stringent measures.

Alternative

The money from all CDF bursaries and scholarships is ideally meant to end up in the same place—our schools. Therefore, we should send the money directly to schools from the treasury instead of passing it through MPs.

There are already many infrastructures in Kenya that can determine someone's level of financial capability. For example, HELB can assess an individual's financial capability and has demonstrated high accuracy over the years. The only problem it faces is low allocation of funds from the treasury; however, with adequate funds, it can achieve its purpose. Banks and mobile lenders can also estimate someone’s financial level, sometimes in less than a minute, using basic details such as phone number and ID.

Proposal

Implement such a system directly into our education system. This system will estimate every student’s financial capability and offer the percentage of fees they should pay. This ensures that financially unable parents can send their children to school, knowing they are already catered for by the government.

Streamlining the National Assembly

For years, MPs have used CDF as a show off their work, which is not even their real mandate. The use of CDF has made most MPs forget their real duties to the country, which is legislation Most have been reduced to voting zombies whose only duty is to sit, vote as directed by the party leader, and await their salaries.

New Measures for the Remaining 282 Members of the National Assembly:

• Reduction of Salaries: Reduce salaries to KSh 400,000 max.
• Eliminating Sitting Allowances: Sitting allowances are an unnecessary expense. Paying someone to sit while doing their job is unjustifiable.

Documenting Bills:

• Every bill shall be introduced to an online platform not in PDF form but in MDX-like form. This format, similar to a blog with headings and subheadings mapped out, ensures easy navigation through the document. There are tools available for this, so it isn’t a tough task.
• AI, such as ChatGPT, shall be incorporated directly into this platform to translate the bill into terms understood by everyone. This will enlighten and inform the public about every bill carried out in parliament.
• Initially, ChatGPT would perform the task, but as we progress, we will develop our own LLMs AI to translate bills into all 44 tribes in Kenya, making this information accessible to every Kenyan.
• Users can subscribe to the types of bills they are interested in, such as agriculture, to get informed whenever a bill from this docket is introduced in parliament.
• Each MP shall be required to provide a detailed account of why they voted yes, no, or abstained. This should include research done, data and figures, the thought process, and the desired outcome. This will eliminate zombie voters and hold MPs accountable for their actions in parliament.
• People can leave feedback directly and vote to stop a certain bill. This ensures that citizens are always informed and partake in the policy-making process.

Public Participation:

• Apart from the online platform, MPs shall engage in regular reporting to their constituents about their activities and how they are addressing local and national issues.
• Local kamukunjis (town hall meetings) shall also be held to ensure MPs understand and represent their constituents' needs and explain how current bills will improve their lives. These meetings shall be documented to ensure everyone’s voice is considered and the government addresses issues faced by the people.
• Implement transparency initiatives such as publicizing voting records, committee reports, and debates to hold MPs accountable to their constituents.

Introducing Performance Indicators (KPIs) for MPs:

Critical Performance Monitoring Key Performance Indicators (KPIs) for MPs:

Legislative Activity:

• Bills Introduced: Number of bills introduced by the MP.
• Bills Sponsored: Number of bills sponsored and co-sponsored.
• Debates Participated In: Frequency and quality of participation in parliamentary debates.
• Questions Raised: Number of questions raised during parliamentary sessions.
• Committees Chaired: Leadership roles in parliamentary committees.
• Legislation Passed: Success rate of bills and motions passed.

Constituency Engagement:

• Constituency Visits: Number of visits made to the constituency per year.
• Constituency Meetings: Number of meetings held with constituents.
• Public Forums: Participation in public forums, town hall meetings, and community events.
• Constituency Office Hours: Availability and accessibility of the MP’s constituency office.
• Response to Constituents: Timeliness and effectiveness in responding to constituent queries and issues.

Parliamentary Participation:

• Attendance: Attendance rate in parliamentary sessions and committee meetings.
• Committee Involvement: Active participation in parliamentary committees.
• Votes Cast: Participation in votes and decision-making processes.
• Reports Submitted: Timely submission of reports on committee work and constituency issues.

Recall of MPs

MPs shall never feel untouchable. They shall be like servants, not bosses, and the people their employers. MPs shall have a grace period of 6 months, after which they shall be eligible for recall. The recall process shall be digital to avoid the risks associated with manual signature collection.

Conclusion

Streamlining the legislature by removing the Senate, abolishing the Women Representative position, and implementing performance monitoring for MPs will create a more efficient and accountable government. These changes will ensure that the government serves the interests of the people and not just a select few, paving the way for a brighter future for Kenya. The proposed measures will save approximately KSh 14.88 billion annually from the Senate's abolition alone, improve transparency, enhance public participation, and promote gender equality in a more integrated manner. By removing direct handling of bursaries, we eliminate corruption risks, ensuring funds reach those in need directly. This comprehensive approach addresses systemic inefficiencies, promotes good governance, and fosters a government that truly serves its people.

Author

This document was compiled by @kenyansforum