Senators back referendum bid, fault speakers for dismal performance

Mombasa Senator Hassan Omar [left] talks to his Mandera counterpart Billow Kerrow during 2 day conference for senator leadership at Serena Hotel in Mombasa on 12th February 2016. [Photo:Omondi Onyango/Standard]

Senators have re-ignited their crusade for a constitutional amendment to give the senate veto power over its legislative agenda.

At the same time, the lawmakers blamed dismal performance and constant wrangles between the two Houses of Parliament on poor leadership by the two speakers.

Speaking during an ongoing leadership retreat in Mombasa, the legislators remained candid on their resolve to stamp the Senate's authority as an Upper House and in doing so didn’t even spare the presidency, which they faulted for lacking the goodwill to support devolution.

Led by Majority Leader Kithure Kindiki (Tharaka/Nithi) and his Minority counterpart Moses Wetangula (Bungoma) in taking stock of the House's challenges and achievements, they concurred that they need a referendum as a matter of urgency.

Of concern to the leaders is the failure by Speakers Ekwee Ethuro (Senate) and Justin Muturi (National Assembly) to actualize Article 110(3) on concurrence of Bills. The two speakers are also being accused of acting as representatives of the Executive.

Prof Kindiki set the tone for the discussions when he admitted that from the onset there was no goodwill from the Executive to support the Senate and therefore the National Assembly took advantage of the same to exercise their veto powers.

"When the senate is being humiliated no single leader at the National level defended it. The limelight and power is to the Lower House. Senate’s first year was terrible; we only received one Bill, the County Allocation of Revenue Allocation Bill," recalled Kindiki.

He noted that the Senate started making progress last year after they resolved to move to court to challenge Bills passed by the National Assembly without their input, which resulted in his protest letter to President Uhuru Kenyatta.

"I wrote a letter the president stating our disapproval and our intention to move to court to declare over 46 Acts of Parliament unconstitutional. The Executive yielded ground, “said Kindiki.

“Since then all government Bills sent to Parliament by the Attorney General Githu Muigai is copied to me and Majority leader Aden Duale (National Assembly). The only challenge is the two speakers agreeing on which House should consider the Bill," he added.

"The speakers have reserve the right to decide the originating House for the Bill. This is not happening. There is still significant process required," he said.

Senator Wetangula did not have kind words for the speakers, accusing them of failing in their legislative mandate.

"The speakers think they are representatives of the Executive instead of being heads of the legislature. The Executive is divorced from the legislature in law, how come it's so difficult for the two speakers to agree on issues and even share a cup of tea despite coming from the same side of the political divide,” said Wetangula.

They backed the push for a referendum, arguing that the way the law was drafted, it was such that the senate was deliberately weakened and constrained.

"National Assembly has veto power over everything. This is very weird and it's not the tradition worldwide. We need a referendum aimed at strengthening the senate. Without a strong senate there is no devolution," he emphasized.

Senators Mutula Kilonzo Jnr (Makueni), Fatma Dullo ( nominated), Billow Kerrow ( Mandera) Agnes Zani (nominated) and Hassan Omar all called for joint effort to fight for senate space and maintain relevance.

Kilonzo also took a swipe at the Senate, which he challenged to leverage its opportunities to be recognized.

"We must stand to be counted by making a mark in the country. Let us not sanitize National Assembly bad manners. When history is written, where will the senate be,” he said.