Siaya Senator James Orengo has expressed his frustration with National Assembly and Senate Speaker's decision to suspend Parliamentary sittings.
In a statement on his social media platforms on Tuesday, April 7, Orengo dismissed the speakers' directives as unconstitutional and a misinterpretation of the government's directives on travel restrictions into and out of Nairobi.
"The president’s guidelines as outlined yesterday and previously, are legitimate and predicated on the law and they spoke to the need of enacting certain legislative measures. There was no directive to suspend the sittings of Parliament.
"That would not be legally tenable. Sittings of Parliament can be regulated to conform to the guidelines which were formulated with the participation of medical experts and the recommendations of the World Health Organization," Orengo wrote.
Orengo further faulted the speakers of both houses with claims that they had not consulted the relevant leaders of both houses before embarking on the decision to suspend sittings.
"No consultations or processes were undertaken with the leadership of both houses or appropriate committees of Parliament to ensure strict compliance with the law and the rules of Parliament.
"Senate and the National Assembly operate on a calendar and can never be prorogued or have their sittings suspended by any form of device or craft," Orengo stated.
The Senate Minority leader further added that the means through which the speakers had suspended the sittings were against the spelled out provisions by the constitution and the standing orders of both the Senate and the National Assembly.
"Article 126(1) of the Constitution is only exercisable by the National Assembly or the Senate in plenary and not by either Speaker.
"Standing Order number one of both Houses only relate to procedural questions and cannot be used as a Speaker’s fiat, edict or decree to suspend or prorogue sittings of Parliament which are specifically provided for by the Standing Orders and relate to the calendar, sittings during regular sessions, special sittings and adjournments," he informed.
Orengo insisted that despite the risk of Coronavirus in the parliament, members of both houses could strike a balance between safety from the virus and the legislative duties owed to Kenyans.
"Members of Parliament would be foolish to walk into a deathtrap. We should, therefore, proceed very quickly to resolve these challenges and find a balance between the first priority, which is how to contain the contagion.
"And the second priority which is the dictate from the sovereign (the people) to parliament, never to abandon its legislative authority under the national values and principles of good governance. The values and principles are inter alia, transparency, and accountability," he stated.
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