Senators, MPs in for another clash

The National Assembly and the Senate could be in for another dig over the power to originate bills.

This is after National Assembly Speaker Justin Muturi directed that two bills from the Senate be stayed as a determination is sought on whether they are viable.

Mr Muturi in his communication to the House, said that the County Boundaries Bill and the County Attorney Bill, were money bills and hence require scrutiny by the necessary offices of the House.

“I have requested the Clerk of the National Assembly to refer the two bills to the Parliamentary Budget Office to offer advice that will enable the Speaker to form the opinion contemplated in the Standing Orders,” he said.

Mr Muturi is then expected to guide the House accordingly on how to proceed with the consideration of the bills after the advice of the Clerk, Michael Sialai.

According to the National Assembly Standing Orders, the speaker is required to report to the House any message received from the Senate.

The County boundaries Bill seeks “to provide a mechanism for the resolution of boundaries; giving effect to Article 188 of the Constitution- providing for the procedure for alteration of county boundaries, and to provide for the establishment of an independent county boundaries commission.

The County Attorney Bill, seeks to give powers to the county attorney general to discharge duties similar to those exercised by the Attorney General in respect to the county governments.

The Speaker told members that the two Bills will be read a first time as stipulated for in the Standing Order 143(1).

The standing order provides that following the first Reading, the Speaker shall, within reasonable time, pronounce his or her opinion contemplated under Article 114(2) of the Constitution.

Hence, it will be the prerogative of the Speaker to determine whether a Bill originating in the Senate is a ‘Money Bill’ in the terms of Article 114 of the Constitution, which defines what a money bill is.

Mr Muturi told members that the Parliamentary Budget Office will be expected to determine whether the two Bills were “money Bills” and if so they will be rejected before moving to the Second Reading as the Constitution stipulates that all Money Bills must originate from the National Assembly.