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Parliament Buildings, Thursday, September 19, 2024
The National Assembly Committee on Defence, Intelligence, and Foreign Relations convened today to review a new legislative proposal aimed at strengthening parliamentary oversight in Kenya’s treaty-making process. The proposed amendment seeks to alter the current Treaty Making and Ratification Act by subjecting treaties to the same rigorous legislative procedures as bills, a move that could enhance transparency and accountability in foreign policy decisions.
The amendment, spearheaded by Hon. Peter Kaluma, would require the Cabinet Secretary for Foreign Affairs to submit draft treaties to Parliament before they are signed. Presently, treaties are forwarded to the National Assembly only after they have been signed, limiting Parliament’s influence over the negotiation phase. The draft legislation proposes that treaties undergo a multi-stage process, similar to that of bills, including readings, committee reviews, and public consultations.
Hon. Nelson Koech, who chairs the Defence Committee, led discussions on the potential benefits and challenges of the proposal. “We want to ensure that our treaties serve the best interests of the country,” he stated, emphasizing the need for thorough parliamentary scrutiny. However, he also highlighted concerns about the practical implications, particularly regarding the speed of treaty ratifications and the government’s ability to conduct timely diplomatic negotiations.
Clause 2 of the proposal focuses on amending Section 7 of the existing law, introducing a requirement for the submission of unsigned draft treaties to Parliament. The Committee members deliberated on the possible delays this might cause, with some expressing fears that the proposed changes could slow down the country’s ability to engage effectively in international diplomacy.
Nevertheless, Hon. Koech stressed the importance of balancing oversight with flexibility, stating, “While we must ensure our treaties are in the national interest, we cannot ignore the realities of diplomacy, which often requires swift and strategic actions.”
The Committee is expected to further engage with Hon. Kaluma, the bill’s sponsor, and various stakeholders, including foreign policy experts and government officials, to refine the proposal. The next steps will involve seeking input from a broader range of actors to ensure that the legislative framework for treaty-making reflects both national interests and the complexities of international relations.
If enacted, the bill could mark a significant shift in Kenya’s treaty-making process, potentially granting Parliament a larger role in shaping the country’s international agreements. However, the challenge will be ensuring that this increased oversight does not hinder Kenya’s diplomatic agility on the global stage.
