• ICT Ministry abandons Bill developed by the Senate and opts to wait for one coming from the National Assembly.
• CS says the decision was informed by advice from the Attorney General.
Supremacy battles between senators and MPs threaten to derail the enactment of a Bill seeking to protect personal data on tribe, religion and health status.
The ICT ministry has abandoned the proposed law whose origin was the Senate and opted to wait for one being prepared by the National Assembly.
The ministry had accepted the Senate's proposal to fix all the contentious clauses in the Data Protection and Privacy Bill, 2018.
The Senate bill seeks to protect personal data from misuse by government agencies and private agencies.
It prohibits government agencies from collecting and processing data on a person’s information, his race and ethnic origin, religious beliefs, political persuasions and health status unless there is a special reason to do so.
“An agency shall not transfer personal data of a subject outside the territory of the Republic of Kenya unless the subject consents the transfer and it will be beneficial to the subject,” it states.
ICT CS Joe Mucheru told the Senate ICT committee on Wednesday that his ministry has been advised to abandon the Senate Bill and wait for the one from the National Assembly.
Mucheru had a hard time explaining to the committee chaired by Baringo Senator Gideon Moi why the government had decided to introduce the Bill in the National Assembly when the ministry had agreed with the version developed by the Senate.
Mucheru said Attorney General Kihara Kariuki directed that the version approved by the Cabinet needed to be processed by the National Assembly and that the Senate Bill incorporated therein.
“I am being informed that the AG had directed that the approved Bill by the Cabinet needs the input of the National Assembly. I know this is contrary to what we agreed and I seek more time to go and consult,” he pleaded.
This ignited sharp reactions from the senators who accused the ministry and the National Assembly of undermining the Senate.
Moi and colleagues Ladema ole Kina (Narok), Enock Wambua (Kitui) and Halake Habisori (nominated) said they will not accept the new development.
Kina was at a loss why Parliament needed to be consulted yet the agreed document was a county bill.
Moi adjourned the meeting. “It’s extremely unfortunate and I am disappointed. We will keep our faith and trust in what we discussed and agreed with you CS. I give you time to consult and get back to us,” Moi said.
The Baringo senator sponsored the bill through his committee.