Parliament considers open sittings in virus battle

The National Assembly is mooting an open-air session for Tuesday sitting to debate President Uhuru Kenyatta’s Covid-19 economic stimulus package.

Unlike the special sitting that was to be held on Wednesday and which was postponed by Speaker Justin Muturi, the date of the return from recess can only be altered by a sitting of the whole House.

A similar Senate sitting slated for Tuesday was postponed by Speaker Kenneth Lusaka.

Aware of this fix, Parliament last week towed with the idea of having members sit remotely.

That, too, was dropped with the realisation that most lawmakers have a problem with stable internet connection to sustain a sitting. Many are also technologically challenged.

Next on the table was a discussion on having the sittings in the chamber, but with limited numbers.

The National Assembly leadership towed with the figure of 70 lawmakers to be admitted to the chamber on a first-come-first-served basis.

QUORUM

However, an assessment of the scenario by the Directorate of Public Health returned a different picture, pointing out that the most the 349-member chamber could sit is 60 MPs.

In the wake of an order by the Health Ministry for mass testing of MPs over fears of Covid-19 in the House, the leadership of the National Assembly says next week’s sittings will not be held in the chamber as has been the norm.

Mr Muturi told the Sunday Nation that lawmakers would be informed of the sittings and how they would be conducted in due course.

“Fresh instructions will be issued but the sittings will be open,” the Speaker said.

The National Assembly needs a quorum of 50 in order to transact any business. Even with the lower number of 60 as advised by health officials, the House would still have met the condition.

National Assembly Clerk Michael Sialai told the Sunday Nation that the Tuesday sitting is still on and that the leadership is working on how it would be conducted.

“The House is still sitting on Tuesday. We will come back to you,” Mr Sialai said.

The House finds itself in a difficult situation. If it does not meet to consider the tax relief announced by the president, then the status quo shall remain.

ONLINE SITTINGS

Parliament had earlier indicated that it would debate the bill remotely in order to observe the social distancing rule given by the Ministry of Health to stop the spread of coronavirus.

National Assembly Minority Leader John Mbadi said by next week, it would be clear on the number of MPs affected by the pandemic, giving room for the rest to continue transacting the business of the House.

He said the National Assembly would look for whatever method to sit next week, adding that it cannot fail to get a quorum.

Mr Mbadi added that the tax relief and other measures announced by the president would be discussed.

“The meeting next week cannot be cancelled since the calendar of parliament cannot be extended unless the Constitution is suspended,” the Suba South MP said.

“Only the National Assembly can change its calendar. Not even the Speaker can do so.”

Nairobi Senator Johnston Sakaja urged the Speakers of both Houses to be creative and use the discretion provided in the standing orders to provide for online sittings.

“Not being able to meet physically as has been the case should not curtail the constitutional rights of Kenyans from representation,” the senator said.

TAX REGIME

Nominated MP Godfrey Osotsi said after taking into account the health advisories and logistics, Parliament should carry out its constitutional roles of oversight, representation and legislation.

“Parliaments the world over are designed to work even in times of war,” Mr Osotsi said.

The lawmakers are expected to consider the stages of the Tax Laws (Amendment) Bill, 2020, containing part of the measures to address the taxation regime due to the pandemic that has hit the country.

They are also scheduled to consider any other legislative measures to cushion the country from the effects of Covid-19.

The president also asked the National Assembly to immediately appropriate Sh1 billion from the Universal Health Coverage kitty “strictly” towards the recruitment of more health workers to support in the management of the Covid-19 spread.

There is a reduction of Income Tax Rate (Pay-As-You-Earn) from 30 to 25 per cent, reduction of Resident Income Tax (Corporation Tax) from 30 to 25 per cent, and reduction of the turnover tax rate from three to one per cent for micro, small and medium enterprises.

Unlike the Value Added Tax Act, these changes require substantive amendments to the laws.