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Lusaka has asked his counterpart Justin Muturi to order the withdrawal of the Statute Law (Miscellaneous Amendment) Bill, 2022.
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He protested that the government-backed Bill currently before the National Assembly seeks to take away some of the critical roles of the Senate.
Image: EZEKIEL AMING'A
Senate Speaker Kenneth Lusaka has now demanded immediate withdrawal of a Bill in the National Assembly allegedly eroding the mandate of the senate.
Lusaka has asked his counterpart Justin Muturi to order the withdrawal of the Statute Law (Miscellaneous Amendment) Bill, 2022.
Lusaka protested that the government-backed Bill currently before the National Assembly seeks to take away some of the critical roles of the Senate.
The Bill, sponsored by National Assembly Majority leader Amos Kimunya, seeks to among other changes bar constitutional commissions and independent offices from reporting to the Senate.
“We are concerned," the speaker told journalists at Parliament Buildings on Thursday.
"For example, a proposed amendment to section 38 of the Judicial Service Commission, the miscellaneous amendment seeks to align that the reportage that it only goes to the National Assembly leaving out the Senate,” he added.
“Even the National gender and equality commission (NGEC), which is supposed to submit a report to both the Senate and the National Assembly."
"The current Amendment says it only goes to the National Assembly,’ he added, shortly after holding the Senate Business committee, a top decision-making organ of the House.
Article 249(3) of the constitution states that the constitutional commissions and independent officers shall report to the President and to Parliament.
The Constitution defines Parliament as one which consists of the National Assembly and the Senate.
Lusaka held that there is a ‘sustained practice’ by the Executive through the sister House to gradually take away, through legislative and other means, the mandate and functions conferred to the Senate as enshrined in the Constitution.
“You realize that there is mischief where the Senate is completely being set aside. We are raising these very serious issues because they are offending the Constitution and eroding the role of the Senate,” the speaker added.
For example, the Auditor General normally reports to both the county assemblies, Senate, and the National Assembly the amendments being proposed, the report will only be sent to the National Assembly.
“How do oversight and prosecute reports that affect counties? Lusaka asked.
He appealed to his colleagues at the National Assembly to shelve the bill so that it is relooked afresh in the next parliament warning that if they proceed to debate it will going to go against the Constitution.
The omnibus Bill amends the Independent Electoral and Boundaries Commission Act, 2011, the Kenya National Commission on Human Rights Act, 2011, and the National Gender and Equality Commission Act, 2011.
The others are the Commission on Revenue Allocation Act, 2011, the Ethics and Anti-Corruption Commission Act, 2011, the National Police Service Commission Act, 2011, and the National Land Commission Act, 2012.