This archive report was first published on 11 November 2019.
Kenya: Whose Interests Do MPs Represent, Citizens' or Parties'? ¶
On November 11, 2019, Parliament voted to repeal the interest rate cap, which had been set under the Banking Act 2016 to make borrowing more affordable for Kenyans.
The move has raised eyebrows, particularly given the speed with which the changes were initiated, just three years after the interest cap was set.
Furthermore, the amendment was made amid reports of a quorum hitch in Parliament, which has become synonymous with the institution over the years.
When quorum hitches occur, it often results in the stymying of citizens' rights, as was the case with the two-thirds gender rule and the recent removal of the interest rate cap.
The removal of the interest rate cap means that banks will once again be able to charge interest as they please on loans, which could have significant financial implications for ordinary Kenyans.
Basic economic principles suggest that loans should be made as affordable as possible to encourage borrowing and spending, which can help spur economic growth.
However, the removal of the interest rate cap could favor banks and oppress 'Wanjiku', the ordinary citizen.
MPs' removal of the interest rate cap and their hesitation in enacting the constitutional two-thirds gender rule raise questions about the representation of citizens' interests in Parliament.
According to the Constitution, the legislative authority of the Republic is derived from the people and is vested in and exercised by Parliament.
MPs are obligated to represent the views and concerns of the people who elected them and to deliberate on and resolve issues of concern to the people.
However, when quorum hitches occur in Parliament, it can manifest through underhand deals, such as financial inducements or using voting time for luxurious activities, which can frustrate the vote in favor of a third party.
Parliament is meant to carry out its activities within the ambit of the law, and MPs who fail to do so are not fulfilling their legal responsibilities.
It is time for citizens to ask hard questions, such as where their MP was when they could not afford a mortgage, and to demand that MPs represent their constituents' interests.
Parliament is not the place to play politics with the lives and livelihoods of Kenyans; it is where the welfare of the people needs to be discussed and improved upon.
Its success will be measured by the decent quality of life for both the investment banker and the jua kali artisan.
Ms. Guyo is a legal researcher.
