The National Assembly/FILE
The National Assembly has reconstituted at least 18 committees whose terms had lapsed amid uproar from a section of MPs who alleged discrimination
Among these are sessional committees, including the House Business Committee (HBC), the Powers and Privileges Committee, the Procedure and House Rules Committee, and the Members Services and Facilities Committee.
Additionally, appropriation and general-purpose committees have also been affected.
These include the Public Accounts Committee (PAC), the Budget and Appropriations Committee, and the Public Debt and Privatization Committee.
Other committees include the Public Petitions Committee, the Committee on Implementation, the Committee on Delegated Legislation, the Regional Integration Committee, and the National Cohesion and Equal Opportunity Committee, among others.
Mandate and Classification
Committees play a vital role in the legislative process. Without them, the proceedings of a legislature would be overwhelmed by the sheer volume of activities that require consideration at the plenary level.
Committees enable legislatures to organise their work efficiently, allowing them to address multiple issues simultaneously.
Their responsibilities include reviewing legislation, approving budgets and expenditures, scrutinising governance activities, and assessing whether policies and programmes meet their intended objectives.
They also conduct investigations on special issues, vet and approve executive appointments, and provide a platform for public participation in legislative processes.
Purpose and Importance of Committees
Committees enhance the efficiency of legislative operations by fostering meaningful deliberations on specific issues.
Their defined mandates and membership structures allow legislators to study matters in detail, develop expertise, and engage deeply in parliamentary affairs.
Committee settings provide an environment where legislators can engage informally, beyond party constraints, and build relationships with colleagues across party lines.
Additionally, select committees serve as mechanisms for public engagement, allowing academics, professionals, and citizens to present their views on a range of issues.
Committees also play a role in establishing institutional leadership and visibility.
Members who serve in committees for extended periods develop specialised expertise, making them valuable resources for their peers, the public, and the media.
Moreover, committees facilitate the examination of governance issues that would be challenging to address in full plenary sessions.
They can summon individuals for testimonies, review written documents, and hold extended sittings, including those outside Parliament’s precincts.
Committees also conduct inspection tours and inquiries, compiling reports with recommendations for the House.
They may form subcommittees to ensure effective and efficient handling of various issues within their mandate.
These specialised functions make committees indispensable to the legislative process, ensuring that matters are handled concurrently and expeditiously.
Categories of Committees
1. Departmental Committees
These committees are appointed at the beginning of each Parliament and serve until the end of the parliamentary term.
Their mandates align with the structure and functions of the National Government, but they can also investigate matters of public interest unrelated to the government.
Departmental Committees review legislation and examine the
operations, administration, policies, and programs of various ministries.
2. Audit and Appropriations Committees
The National Assembly has four audit and
appropriations committees:
Public Accounts Committee (PAC)
Public Investments Committee (PIC)
Special Funds Accounts Committee
Budget and Appropriations Committee
These committees examine accounts showing public expenditure, public investment, and various special funds as audited by the Auditor-General. They also oversee national budget policies and programmes.
3. Ad Hoc Committees
These committees are created for specific tasks within a defined time frame. They typically do not draft legislation but conduct investigations.
Examples include committees formed to investigate high-profile deaths, economic issues, and sectoral concerns.
Ad hoc committees are established through House resolutions and dissolve upon completing their tasks.
4. House Management Committees
These committees handle internal National Assembly matters, including procedures, privileges, welfare, and facilities. Notable committees in this category include:
House Business Committee
Committee on Privileges
Committee on Appointments
Committee on Selection
Procedure and House Rules Committee
Liaison Committee
Committee on Members Services and Facilities
5. Other Select Committees
This category includes the Committee on Delegated Legislation, among others.
6. Joint Committees
Joint committees consist of members from both the National Assembly and the Senate. They handle cross-cutting issues requiring input from both Houses.
The mandate, powers, and procedures of joint committees are determined by resolutions from both Houses.
7. Mediation Committees
These committees are established when either House disagrees on all or part of a Bill that requires consideration by both Houses.
A mediation committee reconciles the different versions of a Bill. Each House Speaker appoints an equal number of members, and the committee ceases to exist once it reports a mediated version of the Bill.
Committee Membership and Selection Process
Who Leads a Committee?
Each committee has a Chairperson and a Committee Secretary, who serve as the primary contacts. According to Standing Order 173A, every Member of Parliament (MP) has the right to serve on at least one committee. However, an MP may waive this right by notifying the Speaker in writing.
Criteria for Nomination
Standing Order 174 outlines the nomination criteria for committee membership. The Committee on Selection ensures that:
Membership reflects the relative majority of parliamentary parties in the National Assembly.
No two members of the House Business Committee serve on the same Departmental Committee.
At least one independent MP is nominated to the Special Fund Accounts Committee.
The majority of members on oversight committees (PAC, PIC, Implementation Committee, and Special Fund Accounts Committee) come from opposition parties.
Each MP is nominated to at least one committee.
The Speaker ensures proportional representation of independent MPs and those from smaller parties. The Speaker can also reject committee membership lists that violate these provisions.
Approval and Discharge of Members
The Committee on Selection presents committee
membership lists to the House for approval within seven days of nomination.
Objections must be raised against the entire list rather than individual
nominees.
A party may discharge a member from a committee after giving them a hearing. The party whip must notify the Speaker in writing, and the Speaker must inform the affected member within three days.
MPs who engage in gross disorderly conduct or breach parliamentary codes of conduct may also be discharged.
Duties of a Committee Chairperson
A committee chairperson is responsible for:
Presiding over committee meetings.
Performing functions and exercising powers assigned by the committee or legislation.
In the absence of the Chairperson and Vice-Chairperson, members elect a temporary chair from among themselves.
Reconstitution of Committees
Mid-term committee reconstitution involves reassigning members to different committees.
The mandate of the Select Committees ends after two and a half years, while the Departmental Committees last for a full five-year term.
The Committee on Selection, chaired by the Leader of the Majority Party, oversees this process. It nominates members to all committees except the House Business Committee and the Committee on Appointments. Committee membership may be shuffled periodically with House approval.
Benefits for Members of Parliament
MPs serving on committees receive additional allowances:
Chairperson: KES 15,000 per sitting (maximum KES 240,000 per month)
Vice-Chairperson: KES 12,000 per sitting (maximum KES 192,000 per month)
Member: KES 7,500 per sitting (maximum KES 120,000 per month)
Committees are essential for the efficient operation of the National Assembly.
They enhance governance, provide oversight, facilitate public participation, and allow MPs to specialize in different areas of policy and legislation.
The reconstitution of committees ensures that parliamentary business continues smoothly and effectively, supporting the National Assembly’s role in governance and accountability.
