Top court to tackle House row urgently

The Supreme Court has moved to quell a supremacy battle between the Senate and the National Assembly by offering to resolve the dispute urgently.

The court’s deputy registrar Lucy Njora said two judges will on Tuesday next week hear and determine allegations raised by the Senate that their National Assembly counterparts were passing eight Bills without their input.

“The Senate has raised several controversial issues and to avert a constitutional crisis, I deem it extremely necessary and urgent that in the interest of justice, expeditious directions by the judges needs to be taken,” said Ms Njora.

She also allowed Attorney-General Githu Muigai to be admitted in the dispute as an interested party.

The Senate had on Wednesday through lawyer Pheroze Nowrojee threatened not to recognise any Bill passed by MPs without their input.

Senate Speaker Ekwee Ethuro and his deputy Kembi Gitura have meanwhile promised to defend the Constitution, and accused National Assembly Speaker Justin Muturi of fuelling conflict between the two Houses.

Mr Ethuro said the Constitution provides that the two Speakers should consult jointly before any Bill is introduced in either House.

“Article 110 of the Constitution says the two Speakers shall jointly....that is ‘shall’ and ‘jointly’. It is English. You don’t need to be a lawyer to understand what that means,” the Senate Speaker told journalists at a breakfast meeting in Nairobi’s Intercontinental Hotel Thursday.

Mr Ethuro took issue with his counterpart in the Lower House for trying to lock the Senate out of legislation despite the clear provisions of the Constitution.

Mr Gitura said there was no point of speaking about a firm belief in devolution then “proceed to frustrate the Senate’s mandate”.