National Assembly rejects Bill passed by the Senate
The Senate in session. The Senate Tuesday insisted it still wanted the Supreme Court to quash 46 Bills passed by the National Assembly, in spite of signs that MPs are softening their stance in the protracted fight between the two Houses. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- The Bill passed by the Senate on August 6, 2014 proposed to give the county assemblies the power to move the headquarters of a county with the approval of the Senate.
- Its rejection by the committee was based on advice from the Attorney-General and the Transition Authority.
- The Senate had agreed with the provision in the Bill to enable a county assembly to initiate the transfer of the county headquarters as long as at least two thirds of its members agree.
- Bu the National Assembly’s Finance Committee was of the opinion that the changes contravene the Constitution and the spirit of devolution.
The National Assembly’s Finance, Trade and Planning Committee has rejected a Bill passed by the Senate, setting the stage for yet another clash between the two Houses of the Eleventh Parliament.
The Bill passed by the Senate on August 6, 2014 proposed to give the county assemblies the power to move the headquarters of a county with the approval of the Senate.
Although it was passed by the Senate without much fuss, its rejection by the committee was based on advice from the Attorney-General and the Transition Authority.
The Senate had agreed with the provision in the Bill to enable a county assembly to initiate the transfer of the county headquarters as long as at least two thirds of its members agree.
This decision would then be scrutinised by the Senate, which would either approve or reject it.
But the National Assembly’s Finance Committee was of the opinion that the changes contravene the Constitution and the spirit of devolution.
It was meant to amend the County Governments Act.
At the same time, the same committee has rejected a Bill by Eldas MP Adan Keynan seeking to give the National Assembly power to initiate the impeachment of a governor.
But the Finance Committee was of the opinion that the process of removal of a governor should be started at the county assembly in which he is responsible for and opening it up to people outside the county would be prejudicial to governors.
The recommendations are contained in reports tabled in the House by Finance Committee vice chairman Nelson Gaichuhie.
If the House agrees with the committee and adopts the reports, Mr Keynan will be forced to drop his Bill.
However, the rejection of the Bill from the Senate could force the two Houses to form a mediation committee, which would come up with a compromise version favourable to the two Houses.
The Finance team, however, approved a Bill by Mukurweini MP Kabando wa Kabando lowering the minimum amount in Treasury Bonds and Bills and to enable the public to trade through electronic means.
It recommended the passage of the Bill without amendments.
The National Assembly could also reject another Bill from the Senate if the Budget and Appropriations Committee finds that it was initiated by the Senate contrary to the Constitution.
Speaker Justin Muturi ordered the Budget and Appropriations Committee to determine whether the Public Finance Management Amendment Bill passed by the Senate is a “money Bill.”
Because a money Bill may only be introduced in the National Assembly, said Majority Leader Aden Duale, the Speaker ought to declare that and any other money Bill in the Senate unconstitutional.
Mr Muturi agreed, saying: “If it has been commenced in the wrong place, the Constitution has been breached and we cannot discuss it.”
The scrutiny by the Budget Committee could also seal the fate of five other pieces of legislation in the Senate that Mr Duale alleged are money Bills.
