Senate, National Assembly turn bitter rivals over power politics

By JACOB NGÉTICH

Initially perceived as a powerful House for senior and experienced politicians, the practical experience of the Eleventh Parliament tells a different story of the Senate.

When and how did the Senate lose the glamour to the National Assembly? Immediately they were sworn-in, the ‘House of the old’ ran into power struggles with the National Assembly in what soured relations for the entire year.

Three months after both Houses began business the disputes over who is superior entered another level after the National Assembly rejected the amendment to the Division of Revenue Bill from the Senate.

The senators had changed the Bill to increase funds to the counties by Sh48 billion from Sh210 billion that had been allocated by the National Assembly.

After rejecting the amendment claiming that Senate lacked powers to change the Bill, National Assembly Speaker Justin Muturi sent the original Bill to President Uhuru Kenyatta for approval.

In protest, senators ganged up with governors and agreed to seek one million signatures to amend the Constitution and give Senate powers to introduce Bills and pass laws to strengthen the counties without the interference of the National Assembly.

In November the Supreme Court ruling on the petition from Senate, said the House had a role to play in passing the Division of Revenue Bill, a declaration that effectively ended their dispute with the 369 members of the National Assembly.

The Senators had petitioned the court seeking its opinion on the constitutionality of bypassing its Division of Revenue Act. Senate Speaker Ekwee Ethuro filed the application through lawyers Pheroze Nowrojee and Kioko Kilukumi.

The battles between the two houses intensified when Kiharu MP Irungu Kang’ata, threatened to introduce a Bill in the 11th House to dissolve the Senate 47 years after it was abolished and amalgamated with the House of Representatives to form the National Assembly after independence.

“To be very honest as a country the Senate is a complete waste of taxpayers’ money, because the Constitution was full of contradictions on the powers and roles of senators,” Kang’ata said in a press conference.

The Senate comprises of 67 members 47 elected senators with two senators representing the youth, two representing persons with disabilities and 16 women nominated by political parties.

Safeguarding devolution

According to Samburu County Senator Sammy Leshore the House played an important role in safeguarding devolution.

“We are not here accidentally; we are here to protect devolution which is the best thing to have happened in Kenya and the senators are there to safeguard it,” said Mr Leshore.

Section 96 of the Constitution, states that the Senate represents the counties, and serves to protect their interests and among other things also determines the allocation of national revenue to county governments.

Jubilee Senate Chief Whip Beatrice Elachi said though they encountered a few challenges during the beginning of their operations, work at the House has progressed well.

“We had teething problems including battle of supremacy with the National Assembly, which the Senators handled with maturity, the Senate has achieved a lot including passing new Bills,” she said.

The Nominated Senator said unlike the National Assembly which dealt with Bills originating from the Executive, Senate has debated and passed private Bills.

“We have the Emblem Act, by Senator Bonny Khalwale, County Development Boards by Nandi Senator Stephen Sang among others were some of the important Bills that we passed into law,” said Ms Elachi.

In the last quarter of the year Nandi Senator Stephen Sang tabled a Bill that rattled the county bosses across the country eliciting debate on whether the senators were trying to wrest the executive power of the governors.

The Sang Bill seeks to increase the Senate oversight role and further streamline their participation in the 47 counties, by the creation of the County Development Boards through an amendment to the County Government Act.

“The boards will be chaired by the Senator with the membership from the local leaders whose main mandate is to deliberate on budgets and finances and also look into the County Investment Development Plan,” said Sang.

More inclusivity

He said this would cure the constitutional design that only the County Assembly is the only one to oversight.

“We continue to build capacity in the process of more inclusivity and so that you can have a second eye, it will create a consultative mechanism where county leaders can agree on priority basis on development and finances,” said the Nandi Senator.

However, the Bill seemed to have irked the Governors who came out to condemn the Senate. Kiambu Senator Paul Wamatangi said whereas there differences with the National Assembly still exist the Senate which had mature politicians would continue to perform its functions while avoiding the side shows between the two houses.

“There has been a supremacy battle between the National Assembly and the Senate over their roles, but we will train our eyes to ensure counties are operating and changing the lives of the people,” said Wamatangi.

Of interest is that though packed with the senior politicians and professionals from Amos Wako, former Attorney General for close to 20 years, former ministers, James Orengo, Kiraitu Murungi, Otieno Kájwang’, G.G Kariuki, Beth Mugo among others the House has been very quiet save for new entrants into the political scene like Tharaka Nithi Senator and Majority Leader Kithure Kindiki, Elgeyo Marakwet Senator Kipchumba Murkomen and Elachi.