Senate debates Motion to keep courts in check

The Senate will tomorrow debate a Motion to establish a 13-member committee to monitor court cases involving the House as senators step up efforts to protect their turf.

The Motion is sponsored by Busia Senator Amos Wako, a former long-serving Attorney General. Mr Wako is designated as the chairman of the committee, whose establishment is prompted by “several adverse orders restraining the Senate from executing its role issued by the courts”.

Deputy Speaker Kembi Gitura, who is also a lawyer, is proposed as his deputy in the team that has key lawyers in the House.

“The Senate resolves to establish an ad hoc committee with effect from September 2, 2014 to closely monitor court cases involving the Senate or which have an impact on the Constitutional mandate of the Senate, and apprise the House,” the Motion reads in part.

The Motion is drafted pursuant to Article 96 (1) of the Constitution that provides that the Senate represents the counties and serves to protect their interests and their governments.

Further, the Motion is informed by “the need for the Senate to execute its constitutional mandate without interference; further appreciating the wealth of experience and knowledge possessed by Senators in various fields”.

Under threat

Senators have constantly alleged other State organs are frustrating their work. They claim that the authority of the Senate as stipulated in Article 96 of the Constitution is under threat.

In an interview with The Standard, Speaker Ekwe Ethuro noted that senators are faced with many challenges in undertaking their constitutional role.

“The authority of the Senate is being challenged from every front. The Senate is challenged in its deliberations, resolutions, oversight and legislation,” Mr Ethuro said.

“Since Senate is a new institution, it is normal to have hiccups here and there but we hope to overcome them soon,” he added.

Senators who spoke to The Standard and did not want to go on record, accused President Uhuru Kenyatta of favouring the National Assembly and making it quite impossible for the Senate to secure their right position and command respect as the Upper House.

They accused some of their colleagues who served in the last Parliament as being responsible for the House’s present predicaments and warned that if drastic measures are not taken, Senate might find itself in the same situation as was the pioneer Senate at independence.

Already the Coalition for Reforms and Democracy (CORD) and Council of Governors have both singled out strengthening of the Senate as one of their items to take to the referendum, which the Jubilee Government has strongly opposed.

Homa Bay Senator Otieno Kajwang said all senators should support the referendum push because the challenges cut across CORD and Jubilee.

“It is unfortunate that the National Assembly continues to edge the Senate in its legislative agenda. It is even saddening to note that many bills initiated at the National Assembly are never referred to the Senate, yet they touch on counties and if it is done, our recommendations are either ignored or reversed,” said Mr Kajwang’.

He continued: “There is a serious tug of war and the President is not helping matters. He signs the Bills into law with total disregard of the absence of the Senate’s input.”

Makueni Mutula Kilonzo Junior said: “The country cannot reverse the course of devolution. The Senate is safe up to that extent. However we are being challenged on the portion of our mandate on oversight. It’s time we set a question in the referendum. Senate needs to be insulated in order to cushion devolution from hunger pangs of some players.”

Senator Billow Kerrow (Mandera) noted that the blatant and persistent disregard for legislative process by the National Assembly has led to several bills being enacted into law without the involvement of the Senate as required by the Constitution.

Senators Beatrice Elachi (Majority Whip) and Kimani Wamatangi (Kiambu) said the Judiciary was the biggest threat to the existence and functionality of the House.

Related Topics

Senate Judiciary