Senators fight off MPs' accusations of irrelevance

Senate Speaker Ekwee Ethuro leading proceedings on February 4, 2014. Mr Ethuro led more than 20 senators to the meeting attended by Chief Justice Willy Mutunga. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • The House used most of its three hours on Wednesday to castigate the National Assembly Speaker and the majority leader for allegedly sabotaging the constitution and the Jubilee government.
  • Siaya Senator James Orengo said the House was much powerful because it played a key role in devolution and in the impeachment of top public officers.

Senators on Wednesday fought off accusations by MPs that they were irrelevant and had developed the habit of endlessly complaining about being mistreated by the National Assembly.

The lawmakers said they had no apologies for demanding the recall of a controversial Mining Bill that was passed by the National Assembly without their input.

Further, the blame game between the two Houses took a fresh turn after the senators warned that they would sue National Assembly Speaker Justin Muturi for violating the Constitution.

The legislators also agreed to go to the Supreme Court, whether or not the Bill is returned to them, to seek an advisory opinion on the process used to pass the proposed law and other 46 Bills they said had been passed by the MPs without their concurrence.

In addition to seeking the Supreme Court’s opinion, they also warned that they would sue Mr Muturi for allegedly persistently violating the supreme law by allowing passage of Bills without the consent of Senate Speaker Ekwee Ethuro as required by Article 110 (3) of the Constitution.

The besieged House used most of its three hours on Wednesday to castigate Mr Muturi and National Assembly Majority Leader Aden Duale for allegedly sabotaging the Constitution and the Jubilee government.

Majority Leader Kithure Kindiki moved a motion seeking the House’s permission to go to the highest court in the land, saying the mistreatment they had received was unacceptable.

HIGH COURT JURISDICTION

At the court, they will also ask for an advisory opinion on the High Court’s jurisdiction over the Senate.

They also asked the Executive to be enjoined in the case they are lodging in the Supreme Court, saying they would the most affected if laws were unconstitutionally passed.

“This is a defining moment for us. Let us not be involved in name calling or insults like them. Some people were saying yesterday that we should be dissolved, but we are telling them that they do not understand what they are saying. This House is here to stay whether they like it or not,” said Deputy Speaker Kembi Gitura, also the Murang’a senator.

Meru Senator Kiraitu Murung’i said they were not in the Senate because of favours from the MPs.

“We are here because people voted for us. We are not here because of friendship. We are not here because of benevolence or because someone said so. We are constitutionally here…this House should go further and go to the High Court to seek action against those who violate the Constitution,” said Mr Murungi.

Siaya Senator James Orengo said the House was much powerful because it played a key role in devolution and in the impeachment of top public officers.

“This Senate is not an ordinary chamber of Parliament. Each elected senator here was voted for by thousands of voters. They were not picked by some electoral college like some Senates across the world. There was a good reason for that. This is a powerful house. Impeachment of governors and the President are done by this House,” said Mr Orengo.

On Tuesday, MPs dismissed the senators, saying they were not acting honestly by blaming MPs for overlooking them.

“The Senate is not here because of the goodness of men. It is here because of the determination of Kenyans. Ignoring the Senate is ignoring the 2010 Constitution,” said Nyeri Senator Mutahi Kagwe