Senators protest rejection of their 13 Bills by Muturi-led House

A fresh supremacy battle has erupted between the Senate and the National Assembly over Bills. 

Senators are protesting against the rejection of at least 13 of their Bills by members of the National Assembly, rekindling the bad blood that exists in the bicameral House. 

The lawmakers lamented the rate at which their proposed laws are being ‘killed’ in the other House on grounds that they are money Bills.

“It is very painful. It takes consultations, the involvement of stakeholders… there are drafters and technical people who work on it and then you are told it won’t proceed,” Senator Sylvia Kasanga complained.

The nominated senator chairs the Senate Ad Hoc Committee on Covid-19 Situation in the country. 

The Pandemic Response and Management Bill, a legislation drafted by the committee to provide a legal framework for combating the virus and other pandemics in future, is one of those that have ‘died’ in the National Assembly.

“There is nothing more heartbreaking for a legislator, considering that one of our key mandates is legislation. We feel very bad,” she added.

Minority Chief Whip Mutula Kilonzo Jr said the Senate is at a loss and called on Speaker Kenneth Lusaka to engage his counterpart Justin Muturi to salvage the situation. 

“There are 13 Bills including mine which are dead. I drafted my Bill in 2017 and it has died after being rendered a money Bill,” he said. 

The Bills that have run into the headwinds include the National Flag, Emblems and Names (Amendment) Bill, 2017; the County Boundaries Bill, 2017; the County Oversight and Accountability Bill, 2018; and the Determination of the Nature of bills, Bill, 2018. 

The National Flag Bill sponsored by Mutula sought to allow the public to express their patriotism by flying the national flag in their private residences and places of work or business provided this does not undermine the state.

The County Boundaries Bill, 2017 provides a legal framework for resolving disputes arising from county boundaries, while the County Oversight and Accountability Bill, proposed to provide a mechanism on how oversight over the county budgets can be carried out. 

According to the Constitution, the Senate cannot originate a money Bill.

A Money Bill is one that contains provisions dealing with taxes; the imposition of charges on a public fund or the variation or repeal of any of those charges.

Despite the express provision, the two Houses have had different interpretations of a money Bill, leading to constant clashing.

However, Lusaka disclosed that the Senate leadership has been engaging its counterparts in the National Assembly and there is an agreement to co-sponsor Bills. 

This is not the first time the two Houses are fighting over Bills. In July,  the senators accused their counterparts of sitting on at least 28 Bills sent to them for concurrence.

Muturi said the legislation workload in the House is immense. 

“It should be appreciated that the NA handles close to 97 per cent of national government legislative agenda. We also have our own private members’ Bills which are only considered on Wednesday mornings,” Muturi told the Star.

In June last year, the senators sued the National Assembly for ‘ignoring’ them in the passage of legislation.

They challenged at least 15 Acts that they said had been passed and signed into law without their input.

Last week,  senators put their House leadership on the spot for planning to withdraw the petition without seeking their consent after it reportedly entered into an agreement with the other House. 

“If you look at the recent behaviour of the National Assembly leadership by declaring some of the Bills to be money Bills, it appears that if we do not have the force of a full judgment of the court, the consent that we are looking for may smell rosy but may be full of thorns,” Migori Senator Ochillo Ayacko said. 

Edited by R.Wamochie