The new row between Members of the National Assembly and Senators is unseemly and casts further gloom over the future of Kenya’s second attempt to have a bicameral Parliament.
Due to mischief and the woeful lack of focus by MPs in the Tenth Parliament, laws were passed that have already been declared unconstitutional.
Among these is the matter of MPs being part of the executive of the Constituency Development Fund (CDF) committees.
The Commission for Implementation of the Constitution has pointed out in detail that the change to the CDF Act that facilitated this conflict of interest is at odds with the Constitution where it relates to the devolution of funds to county governments.
It is clear that where a law is in conflict with the Constitution, the latter should reign supreme
This oversight, therefore, ought to be corrected.
However, it is wrong of MPs to expect Senators to go to them with a begging bowl in hand, as one MP who claimed credit for having been involved in framing the current Constitution, boasted with much gusto.
Mutual respect and cooperation between the two Houses of Parliament is required to ensure proper implementation of the Constitution and use of taxpayers’ money.
It is possible that members of the Tenth Parliament, with campaign cash and the March 4 General Election in their minds, made the changes hoping to benefit from the same.
One of the most depressing things about the current National Assembly is its refusal to listen to independent counsel on issues such as these that create a conflict of interest.
The Constitution is clear that the role of MPs is to legislate and represent their constituents, while that of Senators is to support the county governments, which includes proposing legislation that does not conflict with the Constitution.
It is a sad state of affairs when the only point of agreement between the Senate and legislators is on the matter of increasing their pay at the expense of the economy and the unemployed.
