The 9th Parliament of Kenya, which opened on February 18, 2003, marked a historic shift in the country’s political landscape. It was the first time that the previously dominant Kenya African National Union (KANU), led by Daniel arap Moi, was relegated to the minority, following the sweeping electoral victory of the National Rainbow Coalition (NARC). This coalition, led by President Mwai Kibaki, promised significant changes and reforms in the country’s governance, fueling optimism among the Kenyan public.
For the first time in Kenya’s history, a coalition government had taken power after the 2002 general elections, with NARC dominating the political scene. However, the 9th Parliament’s term was riddled with political infighting, legislative failures, and missed opportunities, which ultimately left many of the initial promises unfulfilled. The 9th Parliament’s legacy remains a mixed bag, with both accomplishments and controversies shaping its place in history.
Composition of the 9th Parliament
The composition of the 9th Parliament was largely shaped by the 2002 general elections, which saw a dramatic shift in Kenya’s political power. The National Rainbow Coalition (NARC) dominated the parliamentary seats, with 125 members. This was the largest faction, but its unity would later fragment, as various factions, such as the Liberal Democratic Party (LDP), distanced themselves from the leadership of President Kibaki. The NARC’s division led to the formation of the Orange Democratic Movement (ODM), which became a significant political force in Kenya’s future elections.
Alongside NARC, several other parties played a role in the composition of the 9th Parliament:
- Ford-People: 14 members
- Safina: 2 members
- FORD-Asili: 2 members
- Sisi Kwa Sisi: 2 members
- Shirikisho Party of Kenya: 1 member
The total number of members in the 9th Parliament was 209, with many of the members coming from the NARC coalition, which represented a wide array of Kenyan political ideologies.
Performance and Criticism of the 9th Parliament
The 9th Parliament of Kenya was tasked with implementing several key reforms that were expected to transform the country’s governance. However, despite high expectations, the Parliament’s record on major issues left much to be desired. President Kibaki, in his inaugural speech, promised a commitment to tackling corruption and ensuring good governance. However, the realities of parliamentary action did not match these promises.
Increased Remuneration and Public Scrutiny
One of the first decisions of the 9th Parliament was to increase the members’ remuneration, which was widely criticized. This decision led to Kenya’s Parliament becoming the most expensive in the country’s history, with an annual budget exceeding USD $57 million. The move to increase allowances while public services continued to struggle painted a picture of an out-of-touch legislature, further eroding public trust in the institution.
Failure to Follow Up on the 2005 Constitutional Referendum
The 9th Parliament also failed to make meaningful contributions following the 2005 constitutional referendum. Despite having a unique opportunity to amend the Constitution to better reflect the needs of Kenyans, Parliament was unable to pass significant constitutional reforms. A bill introduced by the Ministry of Justice in 2007 aimed at amending the Constitution and addressing issues such as women’s representation failed to gain the necessary votes. This failure highlighted the deep political divisions that plagued the 9th Parliament.
Poor Attendance and Legislative Failures
The Parliament was often criticized for its poor attendance record and failure to pass essential bills. During its five-year tenure, the 9th Parliament passed only 67 bills, an average of just 13 per year. This was seen as a dismal performance compared to other parliaments like that of South Africa, which passed over 40 bills annually.
In addition to this, the Parliament was criticized for not addressing the issue of boundary reviews, which had been recommended by the Electoral Commission of Kenya (ECK). This recommendation suggested the creation of new constituencies to better reflect the country’s growing population. The lack of action on this front led to widespread dissatisfaction among Kenyans, particularly in rural areas where representation remained inadequate.
Media Bill and Attempts to Reduce Anti-Corruption Efforts
Another controversial issue during the 9th Parliament was the introduction of a media bill that was seen as an attempt to gag the media. The bill aimed to impose stricter regulations on media outlets, which raised concerns about freedom of expression in Kenya. Additionally, there were attempts to reduce the powers of the Kenya Anti-Corruption Commission (KACC), a move that alarmed many who viewed KACC as a key institution in the fight against corruption.
Despite these setbacks, the 9th Parliament did manage to pass a few notable pieces of legislation, including the establishment of the Constituency Development Fund (CDF) and the Sexual Offenses Bill, which was championed by Njoki Ndungu.
Notable Achievements
While the 9th Parliament’s record was marred by criticism, there were some achievements that had a lasting impact on Kenya’s development. Among the significant pieces of legislation passed was the Sexual Offences Bill, which sought to strengthen the legal framework for protecting individuals against sexual violence. This bill was seen as a major step forward in addressing sexual crimes and providing justice for victims.
The Constituency Development Fund (CDF), which was also introduced during the 9th Parliament, played a pivotal role in the development of local infrastructure, particularly in rural areas. This fund aimed to allocate resources directly to constituencies to finance development projects, thus empowering local communities.
The End of the 9th Parliament
The 9th Parliament was dissolved on October 22, 2007, to prepare for the parliamentary and presidential elections of 2007. The dissolution marked the end of an era, with the 10th Parliament taking office in January 2008. The 2007 elections were highly contested and were followed by a political crisis, which ultimately led to the formation of a coalition government between President Kibaki and opposition leader Raila Odinga.
Despite the controversies and shortcomings, the 9th Parliament played a crucial role in Kenya’s political evolution, navigating a period of political transition and setting the stage for future reforms. Its legacy, while mixed, remains an important chapter in Kenya’s democratic journey.
