A few weeks ago, I wrote in another forum that of all the tools that lie at the disposal of the Kenyan citizen, I think the most progressive is one that enables one to petition Parliament on any matter that falls within Parliament’s mandate. I wrote that the form of your petition must adhere to Standing Order 223 and 230 of the National Assembly Standing Orders and the Petition to Parliament (Procedure) Act 2012. The National Assembly published a comprehensive factsheet on this subject last year. There are more than thirty factsheets (including one on petitioning Parliament) on various subjects that you may want to access and read. They are available on the following link.
This will be fast.
1. Failure to indicate the subject matter of your petition on every sheet of your petition
Section 3(e) of the Petition to Parliament (Procedure) Act and standing order 223(e) of the National Assembly Standing Orders requires that you indicate the subject matter of your petition on every sheet of your petition.
Example:
If you have a petition with the subject PETITION TO PARLIAMENT ON UNFAIR DISMISSAL, you have to have this subject on every page or sheet of your petition.
Why?
I suspect to help parliament if the staple on your petition is unfastened and there are scattered pages of your petition. Things happen. Tracing the right pages of your petition would be easier.
2. Failure to indicate efforts made to have the matter resolved by the relevant body
You can check this up in section 3(f) of the Petition to Parliament (Procedure) Act and standing order 223(f). Thus, you should say whether you tried to resolve the matter with the National Land Commission if it is a lands matter.
Why?
Because if the relevant bodies that would have resolved the matter exist, then they should be allowed to perform their roles. Parliament will come in if the matter is unresolved.
3. Annexing letters, affidavits or any document in a petition that does not seek to remove a commissioner or a holder of an independent office
This is a common mistake. You can check this up in section 3(k) of the Petition to Parliament (Procedure) Act and standing order 223(k). Let us say that you are petitioning Parliament on your unfair dismissal. Just write out the petition, setting out your facts and your prayers. Then that would be it. If you enclose that dismissal letter from your former employer and your reply, your petition would not be admitted by Parliament.
Once your petition is tabled and committed to the relevant Departmental Committee, you will then present those letters and documents there.
But if you are seeking to remove a commissioner or a holder of an independent office, then you may do those bundles of documents that advocates do and your petition will be admissible.
4. Failure to indicate whether the issues raised in your petition are pending before court or other constitutional or legal body
Because section 3(g) of the Act and standing order 223(g) says so.
Why?
Because of the sub judice rule (standing order 89). This rule says that if your son sneaked from your house and went playing and your wife is investigating it, then you don’t do parallel investigation. You just leave your wife to continue dealing with the matter and let her whip up the truant son. Your son may end up embarrassing both of you if for instance you are away from home and are dealing with the matter on the phone.
As a petitioner, the information whether the matter is pending before court is critical so that Parliament tells you to pick one arena for your struggle.
5. Having prayers that are not clear and proper falling outside the mandate of the National Assembly
It is a requirement under section 3(h) of the Act and standing order 223(h).
Thus, a petitioner with a prayer seeking the removal of a judicial officer will not be admissible. Or a prayer that foists on Parliament the role of the Judiciary. Or a prayer for reinstatement of an employee who has been summarily dismissed.
You can listen to the audio recording of this post below:
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ayes & nays
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