Senators join referendum push

What you need to know:

  • Leaders say their role has been undermined by MPs and should be enforced by changing law.
  • Leaders agree to form committee to suggest changes to the Supreme law as they condemn conduct of the National Assembly.

Senators on Monday resolved to join governors and the Opposition in the push to change the Constitution before the next General Election.

Whereas the governors are seeking to increase allocation to counties, senators will be campaigning for more powers after their National Assembly counterparts slashed Senate’s budgetary allocation ahead of last week’s Budget.

The furious senators said the move by MPs to deny them funds was a ploy to kill devolution by weakening the institutions that watch over the new structure of governance.

The Senate’s main responsibility is to safeguard devolution.

During a special sitting on Monday, senators unanimously agreed that a referendum was the best way to ensure a more empowered Senate and to strengthen devolution.

They agreed to work together to ensure a successful referendum and warned that they would not sit back and watch as the Senate is wound up.

The special session was called by House Speaker Ekwee Ethuro to give members an opportunity to decide on the next move after being denied the Sh1 billion they wanted to boost their oversight roles.

The senators said they would no longer compete with MPs but will pursue constitutional changes to make the Senate the Upper House of Parliament.

Elgeyo-Marakwet Senator Kipchumba Murkomen (URP) moved a Motion that proposed the formation of a select committee to suggest amendments to the Constitution to be pursued through a referendum.

“We believe that if we have to strengthen devolution, there must be certain constitutional amendments to strengthen this House and to make devolution stronger. Jubilee senators have only disagreed with our Cord colleagues on the timing of the referendum. The committee must now come up with the middle ground on the dates,” he said.

He said they would also seek changes to safeguard the independence of the Judiciary and constitutional commissions.

Seconding the Motion, Minority Leader Moses Wetang’ula (Bungoma, Ford Kenya) said the Senate would not cry for sympathy, but fight through available constitutional ways to ensure a stronger House.

“This House is not seeking favours or sympathy. It is fighting to defend the Constitution. You cannot allocate Sh287 billion to the counties and refuse to allocate Sh1 billion to oversight it,” he said.

The senators from both sides of the political divide directed their anger at the National Assembly’s Majority Leader, Mr Aden Duale, and the House’s Budget Committee chairman, the Rev Mutava Musyimi, accusing them of being the architects of the proposal to slash the budgets for the Senate, the Judiciary and the Salaries and Remuneration Commission.

The senators proposed that the select committee, once in place, be given three months to come up with specific proposals on the sections in the Constitution that should be changed.

“We must separate ourselves from the National Assembly. We cannot be cocooned together any more... Our differences are irreconcilable. We should take this to the people through a referendum,” said Baringo Senator Gideon Moi (Kanu).

Makueni Senator Mutula Kilonzo Jr (Wiper) said: “The Constitution must be amended so that we can deal with this sibling rivalry but not to teach them a lesson. And also so that the Majority Leader of the House cannot be dressed down by the President for the defending law.”

UHURU'S REQUEST

Last week, President Kenyatta asked MPs and senators to avoid supremacy battles but serve Kenyans. He also told off Senate Majority Leader Kithure Kindiki for raising the issue of the dispute between MPs and senators during the rally.

Mandera Senator Billow Kerrow (URP) said the Ethics and Anti-Corruption Commission should investigate the Budget and Appropriations Committee for fraudulently allocating money to institutions through under-the-table deals.

Nandi Senator Stephen Sang (URP) warned that if they do not stand up to defend the senate, it will be “wound up in less than five years.”

Nominated Senator Elizabeth Ongoro (ODM) said the MPs were acting on behalf of people who were keen to frustrate independent institutions.