ONYANGO: How we can manage Parliament coopted by powers that be

One of the most pressing challenges facing Kenya’s democracy today is managing a legislature that appears compromised.

When Parliament is influenced by inducements or undue Executive pressure, it risks ceasing to represent the will of the people and instead becomes a tool for consolidating power. Addressing this requires a combination of legal, institutional, political, and civic measures.

First, Kenya must strengthen and enforce anti-bribery laws within Parliament. Existing legislation should be applied more robustly to deter both the offering and acceptance of bribes by Members of Parliament (MPs).

The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions should be empowered to independently investigate allegations of “vote buying” in the House.

MPs found culpable should face prosecution, lose their seats, and be disqualified from holding public office. For instance, Ghana’s Parliament has taken steps to investigate internal corruption claims. Kenya can draw lessons from such examples.

Second, parliamentary voting should be made more transparent. Roll call voting—where individual votes are recorded—should be mandatory for major legislation, especially on budgetary and constitutional matters. Publishing voting records online would allow constituents to track how their MPs vote and hold them accountable.

Third, the president’s patronage powers need to be curtailed. This includes limiting the appointment of MPs to Cabinet positions, committee chairmanships, and state corporations as potential political rewards. Development projects should be guided by transparent national planning rather than negotiated political favours.

Fourth, Kenya should strengthen oversight mechanisms. Empower the Ethics and Leadership Tribunal (ELT) and consider creating a Parliamentary Ethics Tribunal to investigate the conduct of MPs, including cases of unexplained wealth and conflicts of interest. Such bodies must operate independently of the Executive and could report to the Judiciary or an autonomous ethics commission.

Citizen action is also key. Civic education campaigns can help voters understand that their MP’s primary role is to legislate and provide oversight—not to directly deliver development projects. Under Article 118 of the Constitution, citizens have the right to petition Parliament, attend committee hearings, and demand accountability for voting patterns. They may also invoke Article 104 to recall MPs who betray public trust.

Political parties must enforce internal discipline and uphold democratic principles. They should act against members involved in unethical legislative conduct or those who abandon party manifestos for personal gain. This requires strong party constitutions and ethics codes backed by internal disciplinary tribunals.

Finally, media and civil society oversight remains crucial. Investigative journalism and active civil society platforms should continue exposing questionable voting patterns, committee reports, and allegations of misconduct. Transparency remains one of the strongest deterrents to corruption.

To build a Parliament that truly serves the public, Kenya must enforce anti-corruption laws with real consequences, make voting records public, end patronage politics, and empower citizens and civil society to hold MPs to account.

The writer is an advocate of the High Court