• National Assembly says Constitution sets hierarchy and roles of Senate leaders are unknown to any law.
• Members say Senate is duplicating roles of National Assembly, forming parallel committees.
Members of the National Assembly have threatened to move to court to challenge the constitutionality of leadership positions held by senators.
The lawmakers have set eyes on posts held by Elgeyo Marakwet Senator Kipchumba Murkomen–Leader of Majority– and that by his Siaya counterpart James Orengo (Minority Leader).
In a motion to the House, Majority Leader Aden Duale on Wednesday dared their counterparts to proceed with their suit seeking the court’s interpretation on the distinct roles of the two Houses.
“They have started the war and should be ready to face us in the interpretation of the law when we will be in court,” Duale said.
The Garissa Township MP held that they will equally challenge the activities undertaken by the Senate which are argued to be “strange to the Constitution".
“The Senate has irregularly made the Public Service Commission continue funding the offices of the Senate leaders of Majority and Minority,” Duale said in his motion.
He says they will seek the court’s interpretation on the enforcement of Article 108 of the Constitution which sets the order of hierarchy in Parliament.
The legislators say the law has set the hierarchy with the Speaker of the National Assembly at the top followed by the Deputy Speaker of the National Assembly, Minority Leader and Minority Leader.
“The ones of the Senate are unknown to the Constitution or any written law,” Duale said, further accusing the Senate of vetting nominees for state appointments.
The development is likely to escalate the rivalry that has affected operations of the two Houses of Parliament, especially in the wake of the stalemate on the Division of Revenue Bill 2019.
This came after senators, in a Kamukunji last Thursday, resolved to move to the High Court over the passage of 18 laws without their input.
The bi-cameral Parliament has been characterised by these fights with senators accusing their National Assembly counterparts of elbowing them out of the legislative function.
Murkomen and Orengo moved a motion seeking the Senate’s approval to institute the legal proceedings, saying the move has nothing to do with politics.
A dispute over what constitutes a money bill, such as the DoRB 2019, which is under mediation, has been the core of the divergent views pitting the lawmakers.
But Duale, in his address on Wednesday, said in the event the dispute resolution proceedings instituted by leaders of the two Houses fail, the court redress would be inevitable.
“We will seek word on whether it is lawful for the Senate to continue duplicating National Assembly oversight roles on matters public resources,” Duale said.
Even as the motion is set for debate next week, the MP said the House Business committee would still inquire into the foregoing concerns and provide a report to the House as soon as possible.
The lawmakers further accuse the Senate of establishing parallel committees duplicating the mandate of those established by the National Assembly.
The other contention is that the Senate has sought to exercise oversight over state organs in a manner that does not accord to the functions of the county governments.
National Assembly members raised concerns the Senate has on a number of occasions originated money bills in violation of the law.
The Constitution stipulates the legal framework for handling bills, which has been the bone of contention between the two Houses.
Duale further held the Senate has passed several laws that don’t concern counties contrary to the Constitution.
“The continued engagement of the Senate in matters outside its mandate is irregular duplication of roles and creation of offices constitutes the imprudent use of public funds,” he said.
Following this, the National Assembly is seeking to reaffirm the role of the speaker in matters relating to money bills and oversight of the national revenue.
Edited by R.Wamochie