Senate insists on court mediation in Bills war

What you need to know:

  • Speaking at a breakfast meeting with editors, Mr Ethuro and other senators said the decision to ask the Supreme Court to intervene was made after discussions with the National Assembly and the Attorney-General yielded little.
  • Last week, National Assembly Speaker Justin Muturi referred the Mining Bill and National Drought Management Authority Bill to the Senate after inserting clauses that touch on the counties.

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.

Senate Speaker Ekwee Ethuro said the reversal of the House’s decisions by the Judiciary and the National Assembly’s disregard of its resolutions had created a bad perception about it.

Speaking at a breakfast meeting with editors, Mr Ethuro and other senators said the decision to ask the Supreme Court to intervene was made after discussions with the National Assembly and the Attorney-General yielded little.

“You summon a governor and you’re told, ‘Don’t summon him.’ Why is the current mandate being challenged? We don’t need more power. I don’t think we’re whining,” said Mr Ethuro.

Asked why the Senate waited more than a year to challenge the Bills it claims were passed unlawfully, Mr Ethuro said the decision was taken after all other avenues had been exhausted.

He did not say when the cases would be filed.

Despite being initially branded the Upper House, the Senate has not enjoyed the same prominence as the National Assembly.

Last week, National Assembly Speaker Justin Muturi referred the Mining Bill and National Drought Management Authority Bill to the Senate after inserting clauses that touch on the counties.

But the Senate says the two speakers should have discussed the Bills before the National Assembly started debating them.

Editors’ Guild chairman Linus Kaikai cautioned the House against assuming that they were part of a Parliament in transition, which he said could result in stagnation rather than progress.

“The only one risk you face is that of relevance,” he told the senators.

Senate Deputy Majority Leader Charles Keter said the two Houses have been consulting more frequently since the start of the 11th Parliament.

“... we’ve reached a point where we need a way forward on whether the Bills were passed lawfully or not,” said Mr Keter.