Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Senate suffers legal blow in row with National Assembly

The appellate court dealt a severe blow to the Senate in its protracted dispute with the National Assembly over its legislative mandate.

The court ruled last Friday that the Senate’s opinion is not required in most cases Bills of the National Assembly.

It was not immediately known whether the Senate would challenge the judgment in the Supreme Court.

The input of the Senators would only be required for bills submitted by the district governments and those , in which the Parliamentary Service Commission is involved.

The National Assembly would also have the exclusive mandate to discuss and vote on monetary bills without the Senate intervening.

“Every monetary bill must go through the Presidents of the National Assembly leave, regardless of which house they come from, ”said the court.

In the new dispensation, all will be discussed by the Budget Committee n Monetary laws passed by the National Assembly without reference to the Senate.

The court also stipulated that mediation on any bill should only begin after the law was passed, not before it was examined.

< p> The judges Agnes Murgor, Pauline Nyamweya and Jessie Lessit decided: “The agreement is exclusively under the control of the speakers of the two chambers.”

They were of the opinion that the two must clarify every question whether a law affects the districts – the concern of the Senate – before it is examined.

Due to the parliamentary domination wars, taxpayers have suffered losses due to delays in legislating and approving critical instruments as well as budgets.

The Senate has argued that it needs to be consulted on all bills and laws discussed in the House of Representatives.

In what will be a setback for the Senate, in the future would the Accord Voting only applies to bills that affect counties.

“Arbitration on any bill can only occur while a bill is being passed and not before it is considered,” National Assembly spokesman Justin Muturi told members on Tuesday after the verdict.

The Houses argue over which of them has the constitutional mandate to oversee national government agencies.

This happened recently when Sports Cabinet Secretary Amina was a member of the National Assembly Mohamed asked to ignore Senate subpoenas on the Kenya Football Federation.

The Supreme Court is expected to rule on a case where the National Assembly wants a statement that the Senate’s role in oversight is restricted by state authorities.

She would like the courts to declare that the task of the Senate is to examine a resolution to dismiss the President nth and vice president.

The National Assembly also wants the Senate to be declared illegal by setting up committees to duplicate its mandate.

Muturi’s side wants a statement that the “alleged act of the Senate to set up committees to duplicate the mandate of the National Assembly committees and county assemblies is careless and irresponsible”. Expenditure of public money. ”

The House of Representatives is also requesting a statement that the Senate has no mandate to approve persons appointed by the President to hold government or office.

The National Assembly also wants one Declaration that the offices of the Senate Leader of the Majority and the Leader of the Minority are in violation of the Constitution.

“The offices are not created or established anywhere in the Constitution,” says the court documents.

< In a statement to Members on Tuesday, Speaker Muturi said the starting point was for speakers from both Houses to clarify an issue of whether a bill is special or ordinary.

“The Court of Appeal is right to do so established Article 110 (3) of the Constitution can only be interpreted in the context of the legislative roles and procedures of the Senate and the National Assembly, “said Muturi.

” We applaud the Tribunal for compliance with the provisions of Article 110 Paragraph 3 of the Constitution and the different roles of the Houses of Parliament, “he said.

Members of the National Assembly welcomed the judgment of the court and said it would help end the stalemate.

“This ruling will make it clear to the other house that they are boxing over their weight,” Kisumu West MP Olago Aluoch said.

“I’ve spent all of my time in this house myself to ask what role the Senate has, “said Funyula MP Wilberforce Oundo.

The contribution of the Senate would, however, be required on any bill that affects the powers and mandate of the Parliamentary Services Commission.

In 2019, the adoption of the budget law for that year was delayed by months after the two chambers failed to agree on the share of revenue between the national and county governments.

Senators said, that they were not consulted when the National Assembly passed the draft law providing that the districts would receive 316 billion Sh. received.

(Edited by V. Graham)