Another team to lead Senate push for referendum

A past sitting of the Senate. Senators have appointed a committee to lead its push for a constitutional referendum to protect its mandate. [PHOTO: FILE/STANDARD]

The Senate has formed a nine-member ad-hoc committee to steer the process of amending the Constitution through a referendum.

Behind the renewed push for a referendum is the rivalry between the two Houses of Parliament, with senators keen to protect their turf and clearly define their role.

The idea was born out of a protracted war over the transmission of Bills between the Senate and the National Assembly and threats to the former’s independence by other constitutional bodies, including the county governments and the Judiciary.

Members of the National Assembly have branded the Senate ‘nyumba ya wazee’, with little express functions that include protecting counties’ interests, impeaching the President and governors and considering the Division of Revenue Bill.

The new committee has been tasked with publishing a referendum Bill and formulate a road map to collect signatures.

Majority Leader Kithure Kindiki (Tharaka/Nithi) unveiled names of the nine senators who will spearhead the initiative after the initial committee led by Elgeyo Marakwet Senator Kipchumba Murkomen came up with the draft Bill last year.

“The ad-hoc committee has limitations. It can only exist for six months. The term of the first committee has elapsed. We have therefore formed this new committee to lead the process and report back to us in six months,” said Prof Kindiki.

Committee members include Murkomen, John Lonyangapuo (West Pokot), Hassan Omar (Mombasa), Boni Khalwale (Kakamega), James Orengo (Siaya) and Kiraitu Murungi (Meru). Others are Senators Abu Chiaba (Lamu), Martha Wangari (Nominated) and Halima Abdille (Nominated)

“The new sub-committee is meant to take the process forward, assist in publishing the Bill and draw a road map for operations,” said Kindiki.

According to the lawmakers, the Bill will “provide the necessary measures to ensure the effective discharge by the Senate of its legislative and oversight role under the Constitution”.

The Draft Constitution of Kenya (Amendment) Bill, 2015 seeks to first clarify the roles of the two houses, which have in the past been engaged in supremacy wars that have threatened to cripple the legislative process.

One the proposals wants the Senate given a say in the appointment of state officers with a direct bearing on the Executive while those with a direct mandate over the national government will be vetted by the National Assembly.

Those targeted by the Senate are nominees to the Office of the Director of Public Prosecutions, chairs and members of constitutional commissions, the Chief Justice, the Deputy Chief Justice, the Auditor General, the Inspector General of the Police and the Controller of Budget.

Cabinet secretaries, the attorney general, secretary to the Cabinet, principal secretaries, high commissioners, ambassadors, diplomatic and consular representatives will be vetted by the National Assembly, according to the Bill.

As stipulated in Article 257 of the Constitution, the senate will be required to obtain a million signatures from the public and thereafter present the Bill with the signatures to the Independent Electoral and Boundaries Commission (IEBC) for verification and transmission to the County Assemblies.

If majority of the county assemblies support the Bill, the county speakers will communicate the same to Speakers Ekwee Ethuro (Senate) and Justin Muturi (National Assembly) for legislators to also consider the Bill and pass.

It, however, remains to be seen how fast this new referendum push will move as IEBC is yet to approve Okao Kenya signatures presented by to it by the Opposition Coalition for Reforms and Democracy (CORD).