The National Assembly (Powers and
Privileges) Act describes the rights of sitting members of parliament. It also
redefines the relationship between members of parliament and the
citizen-constituents who elect them. As with other constitutional documents,
the Act opens with a list of definitions, and these guide how our
parliamentarians view and respond to our concerns as citizen-constituents. The term
"citizen" is conspicuously absent from the opening list of definitions. Instead,
we have the term "stranger," defined as "any person other
than the Speaker, amember of the Assembly or an officer of the Assembly."
Strangers have no
recognized rights within the national assembly. Article 7 reads, "No stranger
shall be entitled, as of right, to enter or to remain within the precincts of
the Assembly." We have no right to go in or even to assemble near the Assembly.
When politicians are campaigning, they visit our homes and villages, invite us
to their homes and villages, and share their hospitality.
However, the
moment they enter the Assembly, we become "strangers." They do not know us.
They do not recognize us. The law does not obligate them to respond to us
within the Assembly. In effect, in electing them to be our voices, we lose ours.
Because we are
legally "strangers," sitting members of parliament do not have to, and indeed
do not, react when Kenyan citizens are being harassed outside parliament. Over
the past few months, police have dispersed peaceful protesters with teargas and,
more recently, arrested and brutalized human rights activists. Members of
parliament do not need to respond to these incidents because, legally speaking,
they happen to "strangers," not citizens.
When we are
granted entry into the actual Assembly, we are similarly governed by a host of
rules, ranging from the petty to the punitive. Kenyan citizen-constituents, who
elect the very politicians who sit in the Assembly, are not permitted to carry
pens or notebooks. We cannot record what our politicians say. Even though
members of the ninth parliament floated the suggestion that parliamentary
sessions should be broadcast, as with C-SPAN in the U.S., this suggestion has
come to nothing.
In what is surely
an act of irony, we must rely on media resources, which the government has
recently attempted to gag and intimidate.
The most extensive
discussion of the "stranger" takes place in Part IV: Offences and Penalties. It
states that "strangers" who "contravene" the sections of the Act governing how
strangers should behave "shall be guilty of an offence and liable, on
conviction before a subordinate court of the first class, in a fine not
exceeding five hundred shillings or to imprisonment for a term not exceeding
three months, or to both such fine and imprisonment."
Within the
National Assembly, we citizen-constituents are nothing more than naughty
schoolchildren, who must remain silent or be punished. Worse, at least
schoolchildren have identities. We are "strangers."
Strikingly, the
term "strangers" does not appear anywhere in the Constitution. Even more
striking, the most extensive discussion of citizen-constituents in the
Constitution is under the section Protection Of Fundamental Rights And Freedoms
Of The Individuals.
The first two
rights are especially noteworthy seen against the background of ongoing
political repression. Section 70.a guarantees, "life, liberty, security of the
person and the protection of the law" while section 70.b guarantees, "freedom
of conscience, of expression and of assembly and association."
Yes, what is
"protection of the law" at a time when extra-judicial killings and police
brutality are part of everyday Kenyan life? What is "freedom of expression and
of assembly" when peaceful demonstrators are harassed and brutalized by the
police, all which members of parliament remain silent?
Why is it easier
to feel like an unwanted stranger in Kenya than like a citizen-constituent with
rights and privileges?
The Constitution
of Kenya and the National Assembly (Powers and Privileges) Act express two
different views of citizen-constituents. In the former, citizen-constituents
elect members of parliament and have rights and privileges. Within the
Constitution, citizen-constituents belong to Kenya and are entitled to
governmental protection. In contrast, the latter document transforms
citizen-constituents into "strangers," who have no standing before the law, no
recourse to the law, and who exist to be silent, ignored, and punished.
Those of us who
grew up under former President Moi's regime experienced what it was like to be
strangers in our own country. The few who dared to speak found themselves
guests of the State in Nyayo House, while those who could fled for their lives.
We learned to talk in whispers and flinch when we saw the police. They were our
enemies, their service not to everyone, but to repression and violence and bad
governance.
We still bear the
scars from those days. We still do not trust the police. And, increasingly,
they give us no reason to trust them.
When president
Kibaki took over in 2002, we believed and hoped and prayed that we would have a
chance to stop being strangers, that we would finally live and work as
citizen-constituents, not unwelcomed guests, but co-owners of our country.
Increasingly, this
hope seems distant. Daily, we are turned into strangers. Where some of us were
once Kenyans, we are now Internally Displaced People. Not even Internally
Displaced Kenyans, but People. Where we once celebrated an increasingly free
press, we now have restrictive legislation that seeks to muzzle political
critique in the name of "responsibility." Where we had started learning to talk
in normal voices, believing the days of whispers were behind us, we now mutter
and talk low and whisper truths to each other that we need to survive.
Increasingly, the
National Assembly (Powers and Privilege) Act, which governs conduct within and
around the National Assembly, is being extended to the entire country. We are
becoming strangers in our town, our cities, our homes, our buses, our private
cars. Subject to a State that revels in its cupidity, and watches us die from
indifference, neglect, and state-sponsored brutality.
__________________________
Keguro Macharia
About the author:
Dr. Keguro Macharia teaches literature in the Continental United States. He has written extensively on an array of subjects for Kenyan and American audiences. He publishes the Gukira blog.
It's important that we read the documents that govern the conduct of our parliamentarians.