Working Structures of

Parliaments in East Africa

1 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Published by
Friedrich Ebert Foundation (FES)
P.O. Box 14932
Peponi Plaza
Nairobi, Kenya

and

Legis Consult
P.O. Box 15663
00100 GPO
Nairobi, Kenya

© Friedrich Ebert Stiftung (FES)

© Legis Consult

ISBN 9966 - 957 - 14 - 6

Design & Layout by:

Chai Baya & Emilly Odongo
P.O. Box 43193 Nairobi
00100 GPO
2003

2 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Table of Contents

List of Abbreviations 4

Foreword 5

Section I: Introduction 6

Section II: The Parliamentary System in Uganda 8

Section III: The Parliamentary System in Tanzania 14

Section IV: The Parliamentary System in Kenya 19

Section V: Conclusions and Recommendations 24

Procedure and Working 24
The Legislative Process 25
The Committee System 25
Publicity and Outreach 25

3 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

List of abbreviations

CCM Chama Cha Mapinduzi

IBEAC Imperial British East Africa Company
KANU Kenya African National Union
LEGCO Legislative Council
MP Member of Parliament
PAC Public Accounts Committee
PBO Parliamentary Budget Office
PIC Public Investments Committee
PSC Parliamentary Service Commission
UPDF Uganda People’s Defence Forces

4 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Foreword
Parliament as one of the institutions of government performs very critical
functions in governance. It acts as an avenue for the citizens to have their
voice heard in the management of national affairs through their chosen
representatives. It also acts as a check on the executive through its oversight
role. To perform its functions effectively parliament should have democratic,
open and efficient structures and working arrangement. How true this can
be said of the parliaments of Kenya, Uganda and Tanzania was the focus of
this study.

This study is a collaborative effort between the Friedrich Ebert Stiftung (FES
Kenya) and Legis Consult, a firm of Legislative consultants based in Nairobi.
Being preliminary in scope, the study was not based on in depth fieldwork in
the targeted countries. The principal motivation for this study was the need
to push the campaign to take the democratic space a notch higher by
documenting a critical review of the working structures of the East African
legislatures. It is hoped that such an effort would complement, albeit in a
small way, the ongoing legislative reform efforts underway in the three East
African countries.

The study reveals that despite having similar historical origins, the three
parliaments have developed at varying speeds and with different levels of
success. There is a lot that each could borrow from the working structure of
the others to improve on their performance. Importantly too is the positive
lessons that the East African Legislative Assembly could learn from the
working structures of each of the national parliaments in efforts to strengthen
itself and to evolve into a vibrant and effective regional parliament properly
discharging its functions.

We would like to acknowledge the contributions of Francis Ang’ila for editing

the report and also the production of this popular version, and Collins Odote,
Programme Manager, FES for his technical input and support throughout
the whole process.

Kipkemoi Arap Kirui Dr Roland Schwartz

Director Resident Director
Legis Consult Friedrich-Ebert Stiftung

5 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Section I: Introduction
1. Background

The legislature, as one of the three arms of government, must perform 3 basic
and interrelated roles of Representation, Lawmaking, and Oversight. The
specific functions of the three legislatures in the East African countries of
Kenya, Uganda and Tanzania are laid down in the various laws of each
country. While the working structures in place have evolved in response to
the various socio-cultural and political exigencies that have prevailed in each
of these countries, the roots of the three East African legislatures can
nevertheless be traced to the Westminster system — which was inherited from
Britain, and remains one of the most visible legacies of British colonialism in
East Africa.

Many East African citizens are yet to appreciate the crucial role that is played
by Parliament in their respective countries. Neither is there any sufficient
understanding of the role of the legislature and how Parliament should and/
or does represent their will and aspirations. As a result the majority have
little contact with their MPs while others only meet their MPs during the
electoral campaigns. Yet if the East African integration initiative is to bear
much fruit, citizens need to have some basic understanding of what their
representatives do in their name. This study is an attempt to document the
respective evolutionary paths that the Parliaments in the three countries have
experienced over the last three decades of their formal existence as well as
their practices and operations.

2. Study Methodology and Limitations

This study combines the theoretical framework developed from a literature

review with the primary information that was generated through the
administration of questionnaires in Dodoma and Dar es Salaam in Tanzania,
Nairobi in Kenya and Kampala in Uganda in the year 2002. Due to the dearth
of literature on the parliamentary systems of the three countries, much of the
information in this report was obtained from interviews. The quantitative
and qualitative data generated from this exercise was utilized to supplement

6 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

the findings of a limited literature review carried out earlier in Tanzania. The
study findings are reported as case studies. A brief synthesis is presented
after the 3 case studies but drawing qualitative inferences from the respective
country studies. The parliamentary systems are then evaluated on the basis
of specific criteria.

7 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Section II: The Parliamentary System System in Uganda
1. Historical Background

The first elements of a legislative body in Uganda can be traced to 1888, when
the then Imperial British East African Company (IBEAC) started an
administration in Uganda, and made regulations for this purpose. In 1902, an
Order-in-Council was passed which, amongst others, established a system of
legislation through the promulgation of personal decrees of the Commissioner
as the sole representative of the British Crown in Uganda. In 1920 another
landmark Order in Council created the Legislative Council (LEGCO), a
legislative body with the power to designate its own membership. The first-
ever direct elections for the greater part of the Protectorate were nevertheless
held in 1961, under the new Franchise Law. Under the Independence
Constitution of 1962, the First Parliament of Uganda was partly elected and
partly nominated. In 1967, a Republican constitution came into force and
maintained a multi-party system of Government. However, the elections
provided for under this new Constitution were never held due to the military
coup that took place in January 1971. Since then, with the exception of the
periods between 1971 and 1979 and 1985 and 1986, when Uganda was under
military rule, the country has held regular elections.

Presidential and parliamentary elections are held every five years. Uganda
has a first-past-the-post electoral system, under which the country is divided
into 214 constituencies. As long as the Movement System remains in force, a
candidate wishing to represent a constituency in the unicameral Parliament
cannot be sponsored by a political party, cannot campaign on a political platform
nor use or attempt to use any political party colour or symbol. In addition to
the 214 directly elected members who represent geographical constituencies,
there is one woman representative for every district, representatives of the
army, youth, workers, persons with disabilities and ex-officio members.

2. Procedure and Workings of Parliament

The Ugandan Parliament is presided over by the Speaker of Parliament. The

Prime Minister is the Leader of Government Business and is thus responsible

8 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Composition of the Parliament of Uganda

Constituency Elected Members 214

District Representatives 53

UPDF Representatives 10
Youth Representatives 5

Persons with Disabilities 5

Workers’ Representatives 5
Attorney-General 1

Total 293

for presenting government Bills for debate before the House. The Speaker, in
consultation with the Clerk, prepares the daily order of business for
Parliament, through the House Business and Welfare Committees. Whereas
the Speaker, in consultation with the President, may prorogue Parliament at
the end of a Session, the House can only stand dissolved upon expiry of its
five-year term, or if extended for 6 months at a time, during a state of war or
other emergency. The Committee of Supply is established to monitor
expenditure while that of Ways and Means monitors taxation. The accounting
system is also strengthened by the Public Accounts Committee (PAC) and
the provisions of the Exchequer and Audit Act.

MPs have access to library and research services. Employees of Parliament

serve MPs collectively and individually as the case may be. For individual
purposes, MPs have access to computers, the Internet and international
databanks. To change the national budget, a quorum of 1/3 of the members
is required. The Parliamentary Budget Office, peculiar only to Uganda,
provides Parliament and its committees with objective and timely analyses
required for economic and budget proposals, and the information and
estimates required for the Parliamentary Budget Process.

Parliament does not participate in foreign policy formulation. However,

Parliament provides oversight of the policies so formulated by the

9 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

government. In this regard it reserves the power to compel the government to
answer questions simply by (the Speaker) demanding that the answers be given
in the House. This is further strengthened by the fact that Ministers, as a general
rule cannot fail to answer questions without meeting disciplinary sanctions.

An MP must be accountable to his/her electorate. It is only when he/she is

so accountable that he/she will fulfil his/her basic functions of representation,
law making and oversight. When this is achieved, then the legislature to
which he/she belongs will maintain the checks and balances that are central
to promotion of good governance and, consequently, improvement of the
welfare of the citizens.

In Uganda, there are 6 components of the accountability principle namely the

right to recall, crossing of the floor, conduct of an MP, absence from Parliament,
conviction in a court of law and extension of life of Parliament. Before the
promulgation of the 1995 Constitution of Uganda there were constant
complaints about the people’s inability to remove non-performing MPs from
Parliament before the expiry of the term. There were calls for inclusion in the
Constitution mechanism by which an MP could be recalled by the electorate.
This currently exists and a member of parliament who fails to represent the
interests of his/her constituents faces the danger of being recalled and thus
losing his/her parliamentary seat.

A member can also vacate his/her seat if he/she leaves the political party
that sponsored him/her to Parliament. An MP can also lose his/her seat
through involvement in conduct that breaches the Leadership Code of
Conduct or for absence from Parliament. If a court sentences an MP to a period
of imprisonment exceeding 9 months without option of a fine, the seat of
such an MP automatically falls vacant.

3. The Committee System

Procedures of the House provide for the formation of three kinds of committees
namely; Standing, Sessional and Select Committees. Parliament has appointed
9 Standing Committees and established 10 Sessional Committees. The
Constitution further allows Parliament to appoint any other committees
(usually referred to as Select Committees), as it may deem necessary.

10 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Membership of Standing Committees is for the entire life of Parliament while
Sessional Committees are constituted at the beginning of every session of
Parliament. The Vice- President or a minister is not allowed to assume
membership of a Standing or Sessional Committee; and if a member of any
such Committee becomes the Vice - President or a minister, he or she ceases
to be a member of the Committee. Members are appointed to various
committees based on profession and expertise, taking into consideration both
regional and gender balance. The Speaker, subject to the approval of the House,
appoints members of Select Committees while membership to Sessional
Committees is voluntary. Each member chooses which Sessional Committee
to belong to or to serve and the House approves him or her. Parliamentary
committees have no power to initiate legislation but have a lot of influence
once legislation has been tabled before them.

They may summon government officers to appear before them on the pain of
censure. Though the committees themselves do not have powers to prosecute,
they can, nevertheless order for the arrest or detention of such errant officers.
While committee recommendations are not binding on any government
agencies, the Committee on Government Assurances and the State Enterprises
Committee work on behalf of both Parliament and the Prime Minister’s Office
(the government) to ensure compliance.

Committee reports, like all other documents tabled in the House and adopted
by it, become public documents and no authority can veto the publication of
committee reports. Though committee proceedings are often not conducted
in public, individual interest groups and lobbyists send position papers to
the relevant committees and such recommendations are often adopted as
committee recommendations. This provides a consistent link between the
legislature and civil society in Uganda.

4. The Legislative Process

Bills are first introduced formally to Parliament. The majority of Bills are
researched, developed and drafted by the Executive arm of government. In
some instances, committees also initiate their own studies and conduct public
hearings on public policy issues, from which they originate Bills. Study
commissions may be formed (which often consist of outside experts) to review

11 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

a major Bill or collection of Bills. The commissions’ reports are then circulated
for public comment. Individual members wishing to introduce private
member’s motions benefit from both research and legislative drafting support.
Private Members Bills are allowed, but there has been little success in such
efforts owing to the prohibitive cost and procedures of mobilization. If
legislation is proposed which could affect major interests, or a special class of
citizens or a substantial part of the population, these classes of people have a
right to be heard before the enactment of any such Bill.

All Bills are first referred to the Department of Legislative Counsel. Prior to
this, the mover may seek the support of the Table Office in the Clerk’s
Department. The major functions of this Office include, inter alia, providing
advice to members intending to move private members Bills; advising
members on the manner of presenting petitions as well as all issues pertaining
to questions, amendment of Bills, resolutions and motions; preparation of
the Order Paper in consultation with the Speaker; and to ensure the safe
custody and circulation of all documents relating to business in the plenary
of Parliament.

The introduction of a Bill entails a brief speech by the mover. Bills are typically
held on the floor for a second reading, during which debate and a vote “in
principle” on the Bill takes place. The Bills are subsequently referred to
committee, where the task of the committee members is to work on technical
details and amendments. The committees substantively amend Bills at this
stage but cannot prevent them from being reported back to the plenary for a
possible future vote. Time is allocated on the floor of the chamber for
consideration of Bills and when and how votes will occur. Complicated or
controversial issues are generally allocated more time. In order to relieve
pressure on parliamentary time, many Acts of Parliament give ministers and
other authorities powers to make subsidiary legislation. Once Bills are
introduced in the House, they are given time to mature. However, depending
on the type of Bill and the urgency with which the MPs regard the Bill, the
minimum period between the 1st reading and the 2nd reading can be just a
few minutes or hours. The same case applies to the minimum period between
the 2nd and the 3rd readings.

In all the above cases, there is a special quorum needed to amend any
legislation. For instance, 1/3 of members constitute the quorum of the House

12 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

for the discussion of any ordinary Bill, while Constitutional amendments
require the presence of at least 2/3 of voting MPs in the House. The current
Parliament of Uganda has not passed any constitutional amendments. In
addition, there is a government agency, the Uganda Law Reform Commission,
which is designated to look into the relevance of any Bill that seeks to amend
the constitution. For motions in public interest, the issues are first presented
to departmental committees, which may organize seminars and workshops
to synthesize the proposals for inclusion in the final Act. Such interest groups
can at times use lobbyists to channel their grievances. Similarly, they may
choose to use their MPs who in turn can propose amendments to the respective
Bills at the Committee Stage.

5. Publicity and Outreach

Uganda’s committees are, with few exceptions, covered by the press. The
media is free to report on parliamentary proceedings and in fact, there is a
press gallery from where the media can record or take the proceedings. There
are also a few radio and television stations transmitting recorded broadcasts
of both selected and, occasionally, full feeds of Parliamentary proceedings.
Plans are currently underway to start exclusive, live and unedited coverage
of parliamentary proceedings on both radio and television.

There are a number of programmes by Parliament to educate members of the

public on the legislative process and the role of Parliament though the level
of public engagement and input into legislative work is still considerably
low. The Parliament of Uganda has a website (http://www.parliament.co.ug/
) comparable only to those of legislatures of South Africa and Zambia. It also
produces a number of public awareness publications. Schools and other group
visits are very well supported by Parliament. The explosion in the growth of
satellite and cable technologies is also likely to create instant public access to
more stages of the legislative process.

13 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Section III: The Legislative System in Tanzania
1. Historical Background

Under colonialism, the then Tanganyika established its own first lawmaking
organ that was known as the Legislative Council (LEGCO) in 1926. In 1960
the name of the Legislative Council was changed to the National Assembly
prior to Independence in 1961.

Tanzania has a first-past-the-post electoral system. The country is divided

into 231 constituencies that are directly contested in elections. The unicameral
National Assembly has 295 members, 231 of whom are elected from both the
mainland and Zanzibar. Of these only 213 seats are currently filled with the
rest (18) remaining vacant for various reasons. In addition there are another
10 seats to be nominated by the president and 48 special seats reserved for
women to be nominated by the respective political parties. In addition, 5 seats
are set aside to represent the special interests of the Revolutionary Government
of Zanzibar. However it is a requirement that the 5 should be ex-officio
members of the Zanzibar House of Representatives. The last general elections
were held in 2000, in which CCM took up to 86% of all parliamentary seats.
The Attorney General remains an ex-officio member of the House.

48 seats are reserved for women. Each political party receives a proportion of
appointed seats commensurate with the number of constituency seats won.
Zanzibar’s House of Representatives, which maintains jurisdiction over all
non-union matters, has a total of 76 members, 50 of whom, are elected directly
by the people, 10 appointed by the president of Zanzibar and 5 ex-officio
members.

2. Procedures and Working of Parliament

The Parliament of Tanzania consists of the President of the United Republic

on one side and members of the National Assembly on the other. Tanzania’s
President, Vice President, and members of the National Assembly are elected
concurrently by direct popular vote for 5-year terms.

14 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

The Leader of Government Business is the Prime Minister, who is appointed by
the President. He/she sets the parliamentary calendar. However a Parliamentary
Steering Committee agrees upon the daily order of business, with substantial
representation from members of the opposition. The Leader of the Official
Opposition is a senior member of the House Business Committee and plays a
big role in determining the official opposition’s representation in the Committee.

Despite its relative autonomy in legislative and administrative matters, the

Zanzibar House of Representatives has limited jurisdiction on Union Affairs.
All non-union matters, which are not under the purview of the Revolutionary
Government of Zanzibar, fall under the jurisdiction of the United Republic.
Laws passed by the National Assembly on the designated union matters are
valid for Zanzibar. Save for such exceptions the Zanzibar House of
Representatives can make laws for Zanzibar without the approval of the union
government. The term of office for both the Zanzibar president and the House
of Representatives is also 5 years.

The National Budget is usually discussed and adopted by the entire House
membership. Parliament retains control over budgets covering specific Union
matters. However the House of Representatives in Zanzibar debates and
approves the Budget of the revolutionary government but which must only
cover non-Union expenditure items. Parliament must sanction all foreign
policy Blue Prints. On matters related to foreign policy and national security,
the Tanzanian legislature adopts a minimum agenda approach that eliminates
the potential of partisan and parochial debates from rival parliamentary
parties.

All members must subscribe to a Code of Conduct governing the conduct of

business in the House. Parliament can compel the government to answer
questions of any nature related to government policies by the Speaker merely
demanding an answer before any debate can proceed. MPs involved in gross
misconduct and who abuse the privileges of the House may be suspended
from attending subsequent sittings of the House. Though there is no specific
law compelling members to attend all sessions of Parliament (5 days per week),
or even to visit their constituencies, the Daily Register may be used to deny
non-attending MPs their sitting allowances. At the constituency level, it is
assumed that the spectre of losing subsequent elections presents MPs with
adequate motivation to maintain constant touch with their electorate.

15 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Though there is a provision for MP’s access to library and research services
as well as computers, the Internet, and international databanks, access to these
facilities is hampered by the incessant shortages of up-to-date materials and
expert services. Furthermore, the cost of originating and delivering Private
Members Bills remains quite prohibitive.

3. The Committee System

The Tanzania National Assembly has 2 types of Committees: Standing

Committees and Ad hoc Committees. Standing Committees are those committees
that are permanent in nature and whose members are nominated by the Speaker
every year. Ad Hoc or Select Committees are constituted by the House or the
Speaker to consider and report on a specific matter and become functus officio
as soon as they have completed their work on that matter. Appointment to
committees is not based on documented criteria, although factors like
professional background, members’ work/vocational experiences and
preferences are generally used to select members to the various committees.

Parliamentary committees have no power to initiate legislation. Neither are

their recommendations/resolutions binding on any government agency.
However once a Bill is presented before the House, they have the power to
summon government officials to either clarify any issue or to censure them in
case of any wrongdoing. Failure to respond to summons by parliamentary
committees is an offence and is punishable under the law or according to
parliamentary rules. Implementation of the recommendations of the
committee becomes the responsibility of the Prime Minister once the House
favorably adopts them. No law or rule obliges the government to implement
such resolutions. Committee proceedings are also not held in public and public
scrutiny of government behaviour is minimal. A public hearing system was
recently initiated to provide an avenue for various interest groups to present
their own proposals for consideration.

4. The Legislative Process

A Minister or the Attorney General can introduce Government or Public Bills

in the House. Private Members’ Bills normally can also be introduced into

16 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

the House. Bills are sometimes withdrawn or allowed to lapse if the
Government states that it will set up an inquiry into the subject, or if it
undertakes to introduce legislation at a later date, to the satisfaction of the
sponsor of the Bill. With some Bills, the sponsor may consider the publicity to
be more valuable than actual legislative results.

All Bills, with the exception of Money Bills, after being given notice of 21
days in the Official Gazette, can be introduced in the House. However, under
certain circumstances, a Bill can be introduced in the House without notice,
so long as there is a Certificate of Urgency signed by the President indicating
the importance of such a Bill. Ministers and other authorities have powers to
make subsidiary legislation. A Legal and Constitutional Affairs Committee
of Parliament is charged with the task of scrutinizing any Bill and advising
the House appropriately. In the case of a Bill to amend the Constitution for a
non-union matter that is not under the purview of Zanzibar Revolution
Government, a 2/3 majority of the total House membership present and voting
is required. However in case of a union matter, 2/3 majority of the members
hailing from both Zanzibar and Tanzania Mainland and voting is required.

A Money Bill cannot be introduced in the House without the leave of the
President. Before a Minister unveils the Government Budget, normally the
House delegates its powers to the Finance and Economic Affairs Committee
to scrutinize all aspects of Government Expenditure of each vote holder and
report back its recommendation. After a general debate on both budget
speeches, MPs pass a resolution to accept it or reject it. Thereafter MPs are
accorded an opportunity to debate each vote submitted by the respective
Minister in the Whole House Committee of Ways and Means and later in the
Committee of Supply. After the Bill is passed it is sent to the President for
assent.

The President can assent or withhold his assent to a Bill or he can return a Bill
with his recommendation. If the House, by a 2/3 majority of the total Members,
passes the same Bill returned by the President in a period of less than 6 months
since it was returned, the President is compelled to assent to the same Bill
within a period of 21 days or else dissolve Parliament. Some Acts are brought
into force immediately, some at a date specified in the Act and others by
Commencement Orders (or by any combination of these methods), which
may bring into force all or part of the Act. There may be more than one such

17 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

order for parts of certain Acts, and some Acts may not be brought into force
for a considerable time.

5. Publicity and Outreach

The Tanzanian Parliament has one of the most consistent records of

disseminating information on its workings and processes to the public.
Deliberate public education programmes aired through the mass media have
been instrumental in providing the public with a viable mode of engagement
with their representatives. Live nationwide coverage of parliamentary
proceedings and recent efforts to establish a model Parliament across learning
institutions has contributed immensely to public awareness on legislative
matters. The National Assembly produces literature and sponsors visits by
various groups to witness and appreciate the legislative process as well as
the role of Parliament.

18 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Section IV: The Legislative System in Kenya
1. Historical Background

When it attained its independence in 1963, Kenya adopted a federal system

of government with each region having a regional assembly. Additionally,
the national Parliament was bicameral, with two Houses (the Senate and the
House of Representatives). The House of Representatives, however, held a
predominant place in the work of legislation, and money Bills could not
become laws without senatorial approval. A unitary system was put in place
following a series of constitutional amendments, which also affected the
nature, composition, and structure of Parliament.

Legislation by Parliament in Kenya began some 93 years ago. Previously, it

had wholly been done in the United Kingdom. Such legislation was conveyed
in form of royal instructions, commonly termed Orders-in-Council. The 1906
Order-in-Council established an Executive Council to be chaired by the
Governor was established to assist the latter in the administration of Kenya.
Provision was also made for the setting up of a Legislative Council (LEGCO).

The composition to the Legislature and the framework of the Government at

Independence remained in place until the first anniversary. On December
12, 1964, Kenya declared herself a Sovereign Republic within the
Commonwealth. At the end of 1966, the Upper House (the Senate) and the
Lower House or the House of Representatives were amalgamated resulting
into a single Chamber - the National Assembly. Kenya changed from a de
jure multi party state to a de facto single party status then to a de jure one
party state before it reverted to a de jure multi-party state in late 1991 after
sustained pressure in and outside the government.

As a result of the changes introduced with the reintroduction of multi-party

politics, the Seventh Parliament (following the December 29, 1992 General
election) became the second multi-party Parliament since Independence on
December 12, 1963. The last elections in Kenya were held on 27 December
2002, as a result of which KANU, which had been in power for over 40 years,
lost to the National Rainbow Coalition (NARC).

19 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Kenya has a first past the post electoral system with 210 elected members of
parliament and 12 nominated by political parties.

Composition of the Parliament of Kenya

Elected Nominated

Party Men Women Men Women Total

NARC 117 8 2 5 132

KANU 63 1 1 3 66

FORD-People 14 - 1 - 15

Safina 2 - - - 2
Ford-Asili 2 - - - 2

Sisi kwa Sisi 2 - - - 2

Shirikisho 1 - - - 1

Total 201 9 4 8 222

The Speaker and Attorney General are also ex-officio members of parliament

2. Procedures and Working of Parliament

The Kenyan Parliament is presided over by the Speaker or the Chairman of

Committees (Deputy Speaker) of Parliament. The Vice President is the Leader
of Government Business. Parliament prepares its own calendar through the
office of the Speaker. The Speaker, in consultation with the Clerk, prepares
the daily order of business for Parliament, through the House Business
Committee. Whereas the President may prorogue Parliament at the end of a
Session, the House can only be dissolved at the end of its five-year life or if
the government is defeated in a motion of confidence against it.

The Parliamentary Service Commission (PSC) regulates the salaries and

allowances of MPs. However, there is no compulsion for MPs to make regular,

20 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

consistent and visible effort in visiting their constituencies. MPs have access
to the library and research services. Employees of Parliament serve MPs
collectively and individually as the case may be. For individual purposes,
MPs have access to computers, the Internet and international databanks.
Parliament votes on the national budget. A simple majority vote is required
to alter the national budget, though the power is extremely limited. It does
not however participate in foreign policy formulation since this is an exclusive
function of the Executive. However, to a limited extent, it provides oversight
of the policies so formulated by the government.

There exists a written Code of Conduct for MPs. This is in the form of National
Assembly (Powers and Privileges) Act (Cap. 6 of the Laws of Kenya) and the
Standing Orders. Based on these laws, MPs may be suspended for misconduct
and abuse of privilege. For instance, the Speaker can suspend an MP for the
remainder of the House Business. The effect of such suspension is that the
member is precluded from participating in debates, making any appearance
within the precincts of Parliament and loses sitting allowances for all the days
on suspension.

2. The Committee System

The procedures of the National Assembly of Kenya provide for the formation
of four kinds of committees; Committees of the Whole House; Standing or
Select Committees; Ad hoc Select Committees; and Departmental Committees.
Committees of the Whole House comprise all MPs. They are chaired by the
Chairman of Committees who is also the Deputy Speaker and assemble in
the Chamber. There are 4 types of Committees of the Whole House: Committee
on the Whole House on Committee Stage of a Bill; Committee of the Whole
House on the Budget; Committee of Ways and Means; and Committee of Supply.
The Committee of Supply is established to monitor expenditure while that of
Ways and Means monitors taxation. The accounting system is also improved
by the institution of the Public Accounts Committee (PAC) and the existence
of the Exchequer and Audit Act.

The Committee of Ways and Means and the Committee of Supply deliberate
on the annual and supplementary estimates. The life span of these Committees
ends with the Session in which they were established. Standing Committees

21 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

include the Public Accounts Committee (PAC), the Public Investments
Committee (PIC) and the Departmental Committees such as the House
Business Committee, the Speaker ’s Committee, the Standing Orders
Committee, the Liaison Committee and the Powers and Privileges Committee.
The Departmental Committees investigate or inquire into the activities and
administration of Ministries or Departments as assigned; out of such
investigation, these Committees could make proposals for legislation. Ad hoc
Select Committees are appointed by the House as and when the need arises
to investigate, study and make recommendations on certain specific matters
and issues for consideration by the House. Committees of the Whole House
are constituted on a resolution of the House.

Select Committees have the power to send for persons, papers or any
document that may be useful to their work. Should a witness refuse an
invitation to appear, the Committee may then decide to summon the witness.
The Committees have powers to examine witnesses on matters relating to
the subject of inquiry. While witnesses are at the mercy of the Committee
and its collective wisdom, it is important to note that they (witnesses) are
only compelled to answer questions that the Committee agrees to put to them.

Public servants may decline to disclose certain matters unless consent from
the President has been obtained. Nevertheless they can, like any other witness,
still be cited for contempt, for not appearing when summoned or refusing to
be sworn in. The proceedings of Committees are held in camera and the
information relating thereto may not be divulged till the Committee has
reported to the House. Committees may visit selected areas to make spot
checks of certain government operations. The operations of certain Select
Committees require constant contact between the Office of the Clerk of the
National Assembly and the officers in the Ministries directly involved.
Examples here include the PAC, the PIC and the Departmental Committees.

3. The Legislative Process

Most legislation originates in Bills introduced by the Government.

Consultation takes place while legislation is being formulated, and both
ministers and civil servants consult a variety of experts, interest groups, trade
associations and others likely to be affected by the legislation. When the Bill

22 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

has been drafted and agreed by ministers, it is introduced into Parliament.
Upon the disposal of a report of a Departmental Committee on a Bill, and/or
the Second Reading, the Bill stands committed to the Committee of the Whole
House On the Committee Stage of a Bill. Member participation here varies
with the interest elicited by the Bills before the House.

The 4 main types of legislation considered by the Parliament of Kenya are:

Government Bills; Private Members’ Bills; Private Bills and Statutory
Instruments. Government Bills embody Government policy and take up the
largest proportion of parliamentary time. Private Members’ Bills are
introduced by an individual MP of any political party. Because relatively little
parliamentary time is available for discussing these Bills, research expense
and legal expertise, their chances of being enacted and becoming law are
much smaller. Private Bills are promoted by organisations seeking specific,
usually local, powers. They apply only to a particular organisation or area. In
order to relieve pressure on parliamentary time, many Acts of Parliament
give ministers and other authorities powers to make Statutory Instruments
or subsidiary legislation to apply the law in greater detail and adapt it to fit
changing circumstances. They are passed by a simple resolution of the House.

4. Publicity and Outreach

There are limited public education programmes transmitted through the

media. There is no live coverage of Parliamentary proceedings though there
are attempts to broadcast Parliament, as envisaged by the Kipruto Kirwa Select
Committee on Broadcasting Report recently adopted by the House.

However, the National Assembly produces limited literature and supports

visits by various groups to witness and appreciate the legislative process as
well as the role of Parliament. Parliament, in collaboration with the State
University of New York, recently embarked on publishing some work for
school children and adults. There is also a legislative internship project, which
commenced in 2002.

23 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Section V: Conclusions and Recommendations
In terms of living up to their triple mandate as avenues for representation,
lawmaking and oversight over government activities, the three Parliaments
have registered mixed performance. It is the strong points in each of these
legislatures that could provide a pointer to what aspects ought to be
entrenched or the direction in which future reforms of the legislature should
move. There are a lot of similarities in all the 3 legislatures. All of them exist
in countries that were colonized and attained their independence in the early
sixties - Kenya in 1963, Uganda in 1962 and Tanzania in 1961. Elections in
Kenya and Tanzania have been regular, consistent and generally peaceful.
All the three countries hold elections after every 5 years. The 3 countries all
have the fist-past-the-post electoral system under which MPs are principally
elected on the basis of elections held in single-member constituencies. All the
countries have modifications to the system to allow for representation of
special interest groups, although Kenya’s is by far the weakest.

1. Procedure and Workings

The Kenyan Parliament has had the most active experience with an organised
opposition. Since the first multi-party elections, the ruling party had been
systematically a minority party garnering less that 40 % of the popular vote.
NARC, the current ruling party has a 60% mandate and it will be interesting
how this translates into policy formulation and implementation. The
distinguishing feature of the Tanzanian legislature is the degree to which it
has maintained considerable contact with the public and remains one other
most vibrant avenue for public expression. Parliament currently enjoys a high
level of political consensus as demonstrated by the overwhelming acceptance
of the ruling party as well as the moderate official treatment of the political
opposition.

The Parliament of Uganda remains the most robust in the arena of legislative
oversight.. It is however noted that the movement system of government
provides little room for organized opposition to government policies. This
compromises the range of alternative policies available in the governance of
the country. Based on the anxiety caused by the pro-multiparty activists, a lot

24 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

needs to be done as far as allowing diametrically opposing camps to co-exist
in the legislature and hence provide it with its traditional vibrancy and
competitiveness.

2. Legislative Process

The three countries have similar legislative processes, with Bills going through
three stages as a condition precedent to enactment. There are also powers for
other bodies and officials to make subsidiary legislation. There are differences,
though, with regard to certain Bills. In Uganda, all Bills have to go through
the Department of the Legislative Counsel first, a procedure that probably
ensures better quality control. Further, the establishment of the Parliamentary
Budget Office (PBO) has strengthened the effectiveness of parliamentary
oversight on public finances.

3. Committee System

The Ugandan parliament has a strong and vibrant committee system. Because
of this, it remains the most robust of the three in the arena of legislative oversight.
Their committee system has made considerable input into the welfare of the
ordinary citizen in Uganda. The Committee on Government Assurances and
State Enterprises monitors the actual implementation of all parliamentary
resolutions. In order to enhance the oversight role of legislatures, East Africa
Parliaments must take concrete measures to equip parliamentary committees
with the necessary human and material resources necessary for their various
specialized tasks. Further reforms in the committee system should seek to
publicize committee proceedings and open them up for public scrutiny and
participation. In the end, however, research capacity is essential for the effective
performance of any parliamentary committee.

4. Publicity and Outreach

The Parliament of Tanzania has been particularly strong in their constant

engagement with the public. Effective outreach and publicity programmes
including live television and radio coverage has contributed to the
25 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA
demystification of Parliament in the eyes of the ordinary citizens. It has also
exposed the legislature to the constant scrutiny of the public and other
stakeholders. It is this kind of regular engagement and scrutiny that improves
the quality and robustness of the legislature as an organ of governance.

Sufficient resources must be set aside to socialize the public into the workings
of the legislature. Efforts towards live coverage of plenary and committee
proceedings must be complemented by other deliberate public education
programmes seeking to increase awareness and also the relevance and
appropriateness of the prevailing legislative structures. Young East Africans
need to be exposed to the various parliamentary systems obtaining in their
own states. This would contribute significantly to the evolution of a civic
culture and hence the quality of legislative inputs in each country’s
development.

The scope of this survey was limited to documenting the working structures
as they are today in the three East African legislatures. The hope is that such
documentation would not only increase awareness of the workings and
importance of the legislatures of three East African countries but also influence
the evolvement of the East African Legislative Assembly. A further study may
need to be done to assess the intrinsic strengths and weaknesses of the existing
structures.

26 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

 Comparison of East African legislatures

UGANDA TANZANIA KENYA

Background

Originated in colonial times Originated in colonial times Originated in colonial times

4 elections since independence 9 elections since independence 9 elections since independence
Recruitment through a first-past-the-post system, Recruitment through a first-past-the-post system, Recruitment through a first- past-the-post with
quota for women and other interest groups with quota for women system, with 12 nominated MPs
N/A Public funding for political parties No public funding for political parties
No official opposition due to movement system Weak opposition Strong “opposition”, which has just wrested power
from the ruling party

Procedure & Working

Can impeach president Can impeach president Vote of no confidence

Prime Minister is the Leader of Government Business Prime Minister is the Leader of Government Business Vice-President is the Leader of Government Business
Calendar set through the collective efforts of members, Calendar set through the collective efforts of members, Calendar set through the collective efforts of
members, Speaker and Clerk Speaker and Clerk
PSC determines salaries of MPs Executive determines salaries MPs determine their own salaries
1/3 quorum required to amend budgetary No quorum requirement to amend budgetary No quorum requirement to amend budgetary
estimates estimates estimates

27 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Parliamentary Budget Office with research capacity No Parliamentary Budget Office No Parliamentary Budget Office
Sits 3 days a week Sits 5 days a week Sits 3 days a week

Committee System
Differences in establishment of committees Differences in establishment of committees Differences in establishment of committees
Committees have power to summon Committees have power to summon Committees have power to summon
government officers government officers government officers
 Comparison of East African legislatures cont...

UGANDA TANZANIA KENYA

No powers to prosecute No powers to prosecute No powers to prosecute

Recommendations of committees not Recommendations of committees not Recommendations of committees not binding on
binding on government binding on government binding on government
Government Assurances Committee and State Enterprises No such committee No such committee
Committee to follow up recommendations
Committees do not sit in public Committees do not sit in public Committees do not sit in public
Committees obtain views from other people/groups Committees obtain views from other people/groups Committees obtain views from other people/
groups through memoranda and summons through memoranda and summons through memoranda and summons

Legislative Process
Bills originated mainly by the Executive Bills originated mainly by the Executive Bills originated mainly by the Executive
Once introduced, Bills are given time to mature Once introduced, Bills are given time to mature Once introduced, Bills are given time to mature
3 reading precede passing of Bills 3 reading precede passing of Bills 3 reading precede passing of Bills
Quorum of 1/3 members to amend Quorum of 50% members to amend Quorum of 30 members to amend
ordinary legislation ordinary legislation ordinary legislation
Sub judice rule applies to deliberations Sub judice rule applies to deliberations Sub judice rule applies to deliberations

28 WORKING STRUCTURES OF PARLIAMENTS IN EAST AFRICA

Publicity and Outreach
Media free to cover proceedings Media free to cover proceedings Media free to cover proceedings
No live broadcasts allowed Live broadcasts allowed No live broadcasts allowed
Programmes in place to educate public on Programmes in place to educate public on Programmes being initiated to educate public on
role of legislature role of legislature role of legislature
On the Web (www.Parliament.co.ug) On the Web Not on the Web