- So bad is the relationship that senators want the court to rule on functions
- National Assembly has escalated fight by calling for abolition of Senate
The National Assembly has put a spirited fight to cut the Senate to size in a deepening row over powers.
The two Houses have been at loggerheads since April when senators threatened to challenge the legality of 26 laws.
Members of the National Assembly are seeking to elbow out their counterparts from putting checks on the national government citing duplication of roles.
So bad is the relationship that senators now want the court to arbitrate the row over functions as spelled in the Constitution.
A highly placed state official intimated to the Star that the Senate could be placing itself in a precarious position, especially with the proposed referendum.
The official said the bills the Senate seeks to challenge are from the Executive, which is likely to put them at loggerheads with President Uhuru Kenyatta.
The row between the two Houses is hinged on which one should pass money bills, approve nominees for state appointments and summon state officers to answer to queries.
Senators have planned to sue Speaker Justin Muturi on Thursday citing violation of the law providing for concurrence of the two Houses on legislation.
Elgeyo Marakwet Senator Kipchumba Murkomen accused the Speaker of unilaterally deciding which bill should be debated in the Senate.
He maintained that the Senate has the mandate to investigate and to summon Cabinet Secretaries no matter what functions they execute.
Saying the National Assembly was suffering from “big man syndrome”, the lawmakers at the Upper House say the money bills tag has frustrated well thought out bills from the Senate.
As they push for legal redress, their counterparts in the National Assembly have sought to escalate the fight by calling for abolition of the Senate.
Majority Leader Aden Duale hinted at this during a debate on Wednesday last week when he said if the Senate does not change its ways “there will be no more baby to teach.”
“I am afraid the traction of abolishing the Senate will gain momentum and soon we will have no baby (Senate) to talk about,” the Garissa Township MP said.
The National Assembly further wants senators barred from vetting nominees for state appointment.
“If only the Senate was to focus on its roles under Article 96, it could not go around hovering to perform the functions of the National Assembly,” the motion reads.
Duale moved a motion challenging the legality of Senate majority and minority leaders.
The MP said the Parliamentary Service Commission has been illegally funding the offices.
He also raised concerns that Kenyans are not getting value for money following duplication of legislative functions.
MPs feel that the Senate is seeking relevance and has in the end created committees whose functions are akin to those of the National Assembly.
“They are generating duplicate reports in consideration of audit findings in respect of county governments, including on funds not allocated from the national revenue,” Duale said.
Their other concern is that the House has been legislating on matters clearly under the purview of the county assemblies, citing 12 bills.
Control of Stray Dogs, Street Vendors (Protection of Livelihood), County Outdoor Advertising Control, County Law Compliance and Enforcement and County Early Childhood Education are among the disputed bills.
The supposed protector of devolution has turned into the devourer, MPs said even as the Senate has planned to move to court this Thursday to get an interpretation on the standoff.
Duale called for an audit of the bills passed by Senate saying some of them may have been enacted illegally.
Differences regarding appointments also arose when senators were incorporated in the joint committee that vetted Inspector General of Police Hillary Mutyambai.
“What would happen if the two Houses disagree, where the National Assembly maybe approves and the Senate rejects the same state officer? Does this mean we would have to go through mediation for such?” a member asked.