Senators and MPs work on strained ties

MPs and senators are working hard to repair strained relations that marked their first year in office during the passage of Bills affecting county governments.

National Assembly Majority Leader Aden Duale (Garissa Township, URP) and his Senate counterpart, Prof Kithure Kindiki (Tharaka-Nithi, TNA), admitted that the situation has changed for the better and expressed optimism that devolution would succeed.

Last week, the Opposition in the Senate joined the government side in supporting the Public Procurement and Disposal (Amendment) Bill that originated from the National Assembly, when it came up for debate.

The Bill, sponsored by nominated MP Johnson Sakaja (TNA), seeks to ensure youths, women, and people with disability are allocated at least 30 per cent of government tenders.

Prof Kindiki, who moved the Bill, said that it would bridge the rich-poor gap by economically empowering the groups that have remained disadvantaged for long.

The development comes barely days after the National Assembly unanimously endorsed the County Governments (Amendment) Bill that sets to establish the County Development Board to spearhead public participation in the counties.

The Bill was passed after the MPs agreed to adopt recommendations by a mediation committee of three members each from either House, set up to iron out contentious issues.

However, the Bill is at the centre of controversy after governors termed it unconstitutional and threatened to move to court should the President assent to it.

Mr Duale said that a mediation committee that was constituted to strike a compromise over the Division of Revenue Bill had agreed on a common version.

“Hiccups during the first year were because the Senate and the county governments were still new. It had to take time for us to learn the ropes and it’s good we are now overcoming our differences,” said Mr Duale. He added that unlike before, Speakers of the two Houses frequently consult each other regularly.

Suba MP John Mbadi (ODM) termed the frosty relationship between the two Houses as normal, saying Kenya’s bicameral system is different from others.

“Unlike in other countries where Bills from one Chamber must go to the Upper House, here, there is no Upper House, contrary to what anyone could wish,” said Mr Mbadi.

Of concern has been a claim by the senators that their colleagues in the National Assembly have been passing Bills touching on counties and forwarding them to the President without seeking the approval of the Senate.

In some instances, the National Assembly has been accused of rejecting a Bill forwarded to them by the Senate, only for a similar Bill drafted by one of their own, with minor modifications, to be introduced in the House.

The Constitution, the senators argued, is clear that Bills touching on counties must originate from the Senate or be referred to the Senate for approval before they are forwarded to the President for assent.

RIGHT DIRECTION

Elgeyo-Marakwet Senator Kipchumba Murkomen (URP) said the change of attitude on how the National Assembly perceives the Senate was a step in the right direction.

Senate Minority Leader Moses Wetang’ula, though he supports the Public Procurement and Disposal Amendment (Bill), is still dissatisfied with the Houses’ cooperation.

But, Mr Mbadi said the legislators need to agree on the definition of ‘a Bill concerning counties’, as enshrined in the Constitution to seal potential for conflicts.

The National Assembly has more functions compared to the Senate, whose mandate is limited to matters touching on counties as set on schedule IV of the constitution, which provides for distribution of functions between the National Government and the County Governments.

Article 110(1) (c) of the Constitution also provides that a Bill concerning county government means “a Bill referred to in Chapter Twelve, affecting the finances of county governments.”

He termed as lies claims that the two houses are unable to work together saying Bills touching on counties have been well received in either Houses whenever, they are referred there.

He cited debate on ‘The public procurement and Disposal (amendment) Bill’ and ‘The County Governments (Amendment) Bill’ as some of the success stories of the cordial working relations.

“This is a clear testimony that bicameral legislature is working,” said Mr Murkomen.

He explained that the public procurement and disposal (Amendment) Bill would address the needs of the marginalised groups and reduce their dependency on other sections of society.

“For long youths have suffered in the hands of brokers and have been used but their lives have not changed for the better,” said Mr Murkomen.

He added, “A better future has become an illusion hence this Bill will ensure the government takes steps to ensure opportunities are created for them.”

If the law is passed, he observed, women will be more economically empowered as opposed to when they have to play second fiddle to men.

However, some senators feel the bad blood between the two Houses is far from over.

He particularly cited the National Flag, Emblems and Names (Amendment) Bill saying it was improper for the national assembly to come with another similar Bill instead of supporting the one from the Senate.

“The Bill passed by the National Assembly and assented by the President is unconstitutional because the constitutional process was not followed. Governors should continue flying the flag,” said Mr Sang’.

He said as law makers, MPs are expected to be at the forefront in upholding the rule of law and challenged the president to help Parliament respect the constitution by rejecting Bills that have not been procedurally processed.

“We are creating a constitutional crisis where the executive sides with one House. The County Governments (Amendment) Bill unlike others touching on counties has gone through the entire constitutional process. I hope the precedent set on this Bill will be applicable to other Bills,” Senator Sang’.

The senators also said ‘The Statute Law (Miscellaneous amendments) Bill’ and the ‘Public Finance Management (Amendment) Bill’ could have been brought before the Senate because it contains clauses that touch on counties.

ILLEGAL BILLS

He appealed to the speaker to lead the senate without fear or favour and seek a Supreme Court interpretation on the matter.

Mr Wetang’ula said Senators have to demand a ruling from the courts that will see all those Bills assented to without adhering to the constitutional provisions, be declared illegal, to bring sanity to the country’s legislative work.

“As senators, if the Parliamentary Service Commission cannot avail funds for the suit, we can forfeit a portion of our salaries to go to court and challenge the constitutionality of those Bills,” said Senator Wetang’ula.        

Senator Wetang’ula said those giving the president unconstitutional, illegal and defective advice should not go scot free.

“I have worked with president before. The problem is those who advise the President. The President never signs unless Attorney General is there to advise him to sign,” said Senator Wetang’ula.

The Senate he said should take action against Prof Githu Muigai, as the principal legal advisor of the government for any Bill, forwarded to the president for assent without following due procedures.

“This will help this Senate to be respected. We will never be respected if we just sit there. We shall be looked at as armature politicians who know nothing,” said Senator Wetang’ula.