• The legislators said there is a need for a review of the law distinguishing the roles of the two Houses.
• There was a risk of committees constituted by both Houses giving contradicting verdicts on matters under probe.
Image: MONICAH MWANGI
Members of the National Assembly yesterday reignited the supremacy wars with senators on matters legislation.
The legislators cited duplication of roles which "ends up being costly to the taxpayers."
They said there is a need for a review of the law distinguishing the roles of the two Houses.
The MPs, led by Majority leader Aden Duale and his Minority counterpart John Mbadi, said there was a risk of committees constituted by both Houses giving contradicting verdicts on matters under probe.
Mbadi, during the National Assembly Leadership Summit in Mombasa, warned that the situation, as it is today, risks defeating the House's oversight role.
“We need to be clear on the responsibility of the committees of both Houses," he said during the National Assembly Leadership Summit in Mombasa.
He reiterated that the Senate should restrict its function as spelt in the Constitution.
Several state agencies carrying out national government functions have appeared before senators to answer to queries. This is a contravention of the law, he said.
"Let us not make the Senate an Upper House through the backdoor."
The MP called on chairmen and their deputies to streamline their work to avert duplication of roles.
The MPs leaders are on a two-day retreat to chart the path for effective legislation.
Duale echoed the remarks of the Suba South MP and warned that the country may at one point be forced to bite the bullet and do away with the Senate.
He said the House must at all times restrict its roles as defined in the Fourth Schedule of the supreme law.
"Let us not bury our heads in the sand. The Constitution is not silent on the role of the two Houses," the Garissa Township MP said.
Duale asked the Attorney General to hold talks with stakeholders on the matter.
The lawmakers argued that the Senate has no role in oversighting the functions executed by the national government.
According to Duale, Education Cabinet Secretary can only appear before the Senate on ECDE issues.
"For how long will we continue with the Senate in its current state? The Senate is weak. The framers of the Constitution did not give Kenyans the best deal on this."
He said the Kenyan Senate structure must have been borrowed from the South Africa Provincial Council which does not guarantee its place as the Upper House as is the tradition globally.
"We should either go bicameral or do away with the Senate."
Other issues arising from the deadlock is the hierarchical order in Parliament, especially on leadership positions in the two Houses.
Speaker Justin Muturi downplayed the views that there is a war between the National Assembly and the Senate.
“Let us not create hurdles, especially on areas where the Constitution is clear," Muturi said.
He admitted that there are grey areas that need further interpretation, especially on matters of revenue allocation. "Being in the seventh year of the new dispensation, we should appreciate dual existence and try to build synergy."
Interior Cabinet Secretary Fred Matiang’i recently wrote to the Attorney General seeking clarification on the same.
Yesterday, he decried the lack of coordination among parliamentary committees, saying at times state officers are invited to four committees whose sessions run concurrently.
“The Executive has been paying the highest price in the face of the confusion which also risks compromising Parliament’s oversight role,” Matiang’i said.