By Stephen Makabila          

Formation and approval of the ten pending Senate House Committees tops the agenda of the Senate when it resumes on Tuesday.

After the official opening of the bicameral House by President Uhuru Kenyatta last Tuesday, the second Senate in Kenya’s post-independence history settled for business on Wednesday, focused on its mandate, but slightly divided on the composition of the Rules and Business Committee, which Speaker David Ekwe Ethuro chairs.

The Rules and Business committee is the most powerful committee of the Senate that sets its agenda, and so far, it’s the only one senators constituted.

The Senate has 11 committees, five being sessional committees that require being re-constituted after every session of the House.  The rest are departmental committees whose composition lasts five years. After the first sitting, the Senate had its first adjournment on Wednesday to allow members attend the opening of county assemblies on Thursday, a compelling move, the protection of devolved units being its (Senate’s) core mandate.

It’s on this basis that Ethuro told the Senators’ first meeting at their temporary base at the KICC, Nairobi, thus: “Aware of the central role occupied by the Senate in the constitutional order, it occupies a special role to represent and protect the interests of the counties.”

The take-off of the Senate and how it performs will be key to the success of devolution at the counties, supposed to last the next three years.

Ethuro told the Senate would ensure that the devolved system works and does not suffer the fate of a similar formation that was abolished in 1966, three years after independence.

Ethuro said the Senate would live to the spirit of its formation through the Constitution, and protect county governments to ensure they deliver on regional development.

On Friday and yesterday, the senators assembled in Naivasha for a two-day induction.  When they resume on Tuesday afternoon, the Rules and Business committee will draw the business of the House for the week.

“Chief Whips of various political parties are supposed to constitute membership of the remaining committees depending on party strengths.  Given Wednesday mornings are reserved for Senators’ private Motions, the earliest the names can be tabled for approval would be Wednesday afternoon,” Kakamega Senator Boni Khalwale told The Standard On Sunday. Majority Chief Whip in the Senate is Beatrice Elachi (Jubilee).

The Minority Chief Whip is Machakos Senator Johnstone Muthama (CORD).

House failures

After tabling names of the Rules and Business Committee on Wednesday by Majority Leader in the Senate Kithure Kindiki of Tharaka-Nithi and seconded by Minority Leader Bungoma Senator Moses Wetangula, members faulted its composition.  Some warned the success and failures of the House will depend on how the committee asserts itself.

Kindiki, however, noted the list might have shortcomings, but that it was important it be passed due to the heavy House legislative agenda.

But Khalwale downplayed complaints on the composition of the Rules and Business Committee.

“Legally, the committee had to have the Speaker, Leader of Majority and Minority, chief whips of the Majority side and Minority side.  These requirements were met. We also observed gender, youth and blending of the experienced and youthful senators in the committee,” explained Khalwale.

National interests

Khalwale says the Senate wants to operate in a manner above the Lower House, by putting national interests above party and personal interests.

“If there is a feeling that something is above board, we as senators cannot oppose or criticise it for the sake of party politics or personal political interests,” he noted. While Kindiki did not mention the heavy legislative work pending before the House, Khalwale says as an experienced politician, the most urgent work for the Senate would be to clear Constitutional Bills whose deadline is August 27.

“Such Bills have to be fast tracked. Kindiki spoke as a leader of Government business in the Senate, but we know such Bills are urgent and have to be dealt with as a priority,” added Khalwale.

Khalwale also hinted the Senate would address legislative matters to do with the current confusion facing devolved units and flaws in the CDF Act as pointed out by the Constitutional Implementation Commission.

“Senators have noted the level of unrest among governors and the issues that have been raised can only be addressed through legislation. We have equally noted agitation by MPs to amend the CDF Act, but we are in agreement with CIC over the flaws,” added Khalwale.

On the formation of the pending committees, the fact that it’s Chief Whips to constitute members in the pending committees means senators have to directly lobby the whips through their political parties.

Those angling to chair some of the committees include Elgeyo-Marakwet Senator Kipchumba Murkomen (Devolution), and Mandera Senator Kerrow Billow (Finance).

Senators know their burden, and seemingly want to be leaders of issues. Among the concerns they have already raised this early is the poor working conditions, which they want fixed.

The senators are working from one of the conference rooms at KICC, awaiting the refurbishment of their chamber at Parliament Buildings.