• Orengo and Murkomen expressed frustration at the hand of their colleagues at the National Assembly whom they accused of unilaterally passing bills touching on counties.
• Senators accuse National Assembly Speaker Justin Muturi and the MPs for overlooking and undermining them on matters legislation.
Image: MONICAH MWANGI
The supremacy battle between the Senate and the National Assembly escalated on Thursday after Senators voted to overturn record 18 bills passed by their counterparts without their input.
The motion co-owned by Majority Leader Kipchumba Murkomen (Elgeyo Marakwet) and Minority Leader James Orengo (Siaya) requires speaker Kenneth Lusaka to file an urgent case at the High Court challenging decisions of the MPs.
Orengo and Murkomen expressed frustration at the hand of their colleagues at the National Assembly whom they accused of unilaterally passing bills touching on counties.
Senators accuse National Assembly Speaker Justin Muturi and the MPs for overlooking and undermining them on matters legislation.
“In respect of all the Bills originating from the National Assembly, the Speaker of the National Assembly has not sought the concurrence of the Speaker of the Senate as to whether the Bills concern counties,” Murkomen said.
The Senators unanimously vowed to mount an epic legal war against the National Assembly.
They noted that the outcome of the case will shape the relationship between the two Houses forever.
“This probably will be one of the most important judicial matters raised in the High Court. The decision made by the Court will contribute greatly to the laws of and jurisprudence of this land,” Orengo said when he rose to second the motion moved by Murkomen.
Senate said it will rely on the lawyers in the House to convince the High Court to declare unconstitutional the 18 pieces of legislation that were bulldozed by the National Assembly.
“All the lawyers in this House who carry a practising certificate are going to be part and parcel of this process,” Murkomen said.
Senate boasts of having some of the best legal brains in the country.
Former Attorney-General Amos Wako (Busia), Orengo and Mogeni Okong’o (Nyamira) are senior counsels currently in the Senate.
It also has tens of lawyers including Kindiki Kithure (Tharaka Nithi), Moses Wetangula (Bungoma), Stewart Madzayo (Kilifi), Mithika Linturi (Meru), Rose Nyamunga (nominated), Kimani Wamatangi (Kiambu), Mutinda Kabaka (Machakos), Ochilo Ayacko (Migori), Susan Kihika (Nakuru) and Samson Cherarkey (Nandi) among others.
The Bills in contention include; The Public Trustee (Amendment) Act, Building Surveyors Act, 2018, Computer Misuse and Cybercrimes Act and The Statute Law (Miscellaneous Amendments) No 4 of 2018.
Others are the Kenya Coast Guard Services Act, The Tax Laws (Amendments) Act, 2018, The Statute Law (Miscellaneous Amendments) Act, 2018, Supplementary Appropriation Act.
Also in contention are the Equalisation Fund Appropriation Act, 2018, The Sacco Societies (Amendments) 2018 and The Finance Act No. 10 of 2018.
Also being challenged are The Appropriation Act, The Capital Markets (Amendment) Act, National Youth Service Act, No. 17 of 2018, The Supplementary Appropriations Act, No. 13 of 2018, The Health Laws (Amendment) Act, No. 5 of 2019, The Sports (Amendment) Act and The National Cohesion (Amendment) Act.
Senators also accuse the National Assembly of sitting on five Senate money Bills that have been referred to the National Assembly’s Budget Committee.
They are; The County Boundaries Bill, 2017, The Food Security Bill, 2017, Office of the County Printer Bill, 2018, The Disaster Risk Management Bill, 2018 and The County Government (Amendments) Bill, 2018.
(Edited by O. Owino)