Senators tell off MPs in supremacy battle

The Senate on Wednesday morning weighed in on the supremacy battle between it and the National Assembly with a call to the members of the Lower House to “stop being childish”.

The Deputy Speaker Kembi Gitura, the Leader of Majority Party Kindiki Kithure and the Leader of Minority Party Moses Wetang’ula were unanimous that the National Assembly erred in “belittling” the Senate’s role in scrutinising the Division of Revenue Bill.

On Tuesday, the members of the National Assembly said the Senate ought not scrutinise the Bill.

But Wednesday, Mr Gitura said the Bill was submitted to the Senate by the Clerk and the Speaker of the National Assembly, and it was being discussed on the basis of a constitutional tenet which requires all Bills dealing with county governments to be dealt with in the Senate.

“We have a right to consider this Bill and even reject it. We are properly seized of it,” said Mr Gitura.

James Orengo (Siaya) brought the matter to the attention of the Senate just as the senators settled down to begin debate on the Division of Revenue Bill –the piece of law that once enacted will determine the sharing of national revenues between the national government and the 47 county governments.

Mr Orengo sought to know if it was proper for the National Assembly to refer to senators in derogatory terms.

“The remarks are extremely unfortunate and uncalled for,” said Prof Kindiki.

“This is not a House that is interested in exercising powers that it does not have.”

He said the National Assembly approached constitutional issues in a pedestrian manner.

“The Senate of the Republic of Kenya will not accept to be intimidated or belittled by the National Assembly or any other person. We respect the National Assembly, but the remarks were childish."

The Leader of Minority too joined in saying the sentiments of the members of the National Assembly were “an affront to devolution”.

“In law, you’re better off focusing on substance rather than form; the Lower House is engaging in form,” said Mr Wetangula, who questioned why people who had sworn to protect, defend and uphold the Constitution were the very ones keen to mutilate it.

“The Speaker of the National Assembly (Justin Muturi) did not forward the Bill to us on the basis of magnanimity. He did so on the basis of some constitutional grounding… this is the height of insolent and indolent behaviour by colleagues who should know better,” said Mr Wetangula.

He added that senators “had jurisdiction” over MPs, because, they represented counties formed of multiple constituencies. For instance Nairobi Senator Mike Sonko represents 17 constituencies of Nairobi County in the Senate, while Dr Boni Khalwale represents 12 constituencies of Kakamega County in the Senate.

Mr Sonko said: “Between a village elder and a DO or a chief, who is senior?”.

Busia Senator Amos Wako, Elgeyo Marakwet's Kipchumba Murkomen and Homabay's Otieno Kajwang’ all said the senators had the biggest mandate of the people, because of the high number of votes they received.

“When I speak with authority of one million people. Just go and ask the villagers, who is the most senior politician in this area, they will tell you quickly. We don’t have to bother with this kind of notion,” said Mr Kajwang’.