The constitutional design of government places the legislative arm on an equal footing with the Executive and the Judiciary.
While the three branches are expected to check each other in the exercise of governmental power, they collectively represent the framework through which a democratic society is governed.
The Kenyan Constitution adopted in 2010 provides that in exercising legislative powers, the leaders vested with that authority, be they in Senate, the National Assembly or at the county assembly, do so on behalf of and for the benefit of the people.
This requires that the legislators realise that their lawmaking, representation and oversight roles are not self-serving.
Instead, they are responsibilities that should at all times be discharged with an eye on public interest and impact.
Last Thursday, I watched media coverage of proceedings of the National Assembly. The discussions revolved around a motion brought to the House by Kisumu West MP Rozah Abuyu to discuss questions of police brutality during public demonstrations called by the opposition Azimio coalition.
The discussion was on an issue that has divided the political class and the country.
Those who support the government argue that there was no brutality by the police and that what was witnessed was a high sense of responsibility by the law enforcement officers under very difficult circumstances.
The opposition and its supporters argue that the reverse is true. Many other Kenyans have different views on the issue, unencumbered by this binary lens.
The debate in the House was therefore bound to bring to the fore the political divisions in the country. What was shocking though was the lack of awareness of the high calling and status that the legislators have in the country.
The toxic nature of the debate betrayed a lack of appreciation of what leadership calls for and the circumstances and background against which the debate was being conducted.
On the day the debate was taking place, I had attended a session where presentations were made on the place of leadership in societies and institutions.
Books on leadership underscore the fact that leadership is about influence and transformation. Applying this to the discussions by the legislators, what the country was and is looking for are leaders and not followers.
It is about sticking one’s neck out to help influence the trajectory of the country positively.
I had expected the legislators to recognise that there is no benefit in speaking to the public gallery. What I looked forward to was a clear articulation of the differences of opinion.
However, whenever we expect leadership from Parliament, invariably they disappoint in their callousness and a lack of appreciation of their constitutional status.
Over the next four years, the country will be faced with several challenges. Resolving these requires innovation and high-quality leadership.
The constitutional design presupposes that every arm of government must carry its weight in the process of addressing these challenges.
The writer is a law professor at the University of Nairobi.
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