Speaker Justin Muturi rules out consensus on money bills with the Senate

Speaker Justin Muturi has told off the Senate for originating bills with financial implications, saying it is a preserve of the National Assembly.

This position sets the stage for another round of turf wars in the bicameral Parliament.

Speaking in Mombasa during a training for journalists Saturday, Muturi cited the Retirement Benefits (Deputy President and designated state officers) Amendment Bill, 2018, which is currently before the Senate and the Kenya Industrial Estate Bill by former Nyandarua Senator Muriuki Karue, which was shot down in the National Assembly because it was a money Bill.

While the Constitution provides that the speakers of the two Houses shall make a determination whether a Bill concerns counties or not, this did not happen for the one sponsored by Narok Senator Ledama ole Kina.

Muturi said the law requires the two Houses to go for mediation in the event of a dispute.

“The sponsors of these Bills in the Senate can agree with members of the National Assembly to co-sponsor if they have money implications. Eng Karue’s Bill had good proposals on manufacturing but could not proceed in the National Assembly because it was a money Bill,” he said.

The Constitution provides that a money Bill shall only originate in the National Assembly.

Further, the Public Finance Management Act gives the National Assembly Budget and Appropriations Committee powers to review any proposed law and advise whether it is a money Bill or not.

If the committee finds that the Bill has financial implications, it is required to consult with the National Treasury on the nature of the implications and determine whether it is feasible for that financial year.

“What is before the Senate is a money Bill and it originated from the wrong place in line with the Constitution. It is like a still birth,” Mr Muturi said.

“I sympathise but there is nothing I can do. It is unfortunate but we must follow the law. I have no interest blocking these Bills,” he added.

A money bill, according to article 114 of the Constitution is a Bill, which proposes extra expenditure of the public resources other than what has been budgeted for in the year under review.

In 2013, the Supreme Court gave an advisory opinion that the Senate should also have a stake in the consideration of the Division of Revenue Bill as it concerns the counties.

This came after the National Assembly passed the Bill and forwarded to the President for signing minus the Senate’s input.

However, Mr Muturi said the Supreme Court’s advisory opinion, which calls for mediation in case the two Houses disagree on a Bill, has not always led to good laws.

“What if the mediation committee fails to agree on such a Bill as that on division of revenue between the national government and counties? The Bill has a strict timeline of passage and were such a delay to occur, it will be a kin to killing devolution,” the speaker said.

About 13 Bills have so far been passed through mediation.

Other than the Retirement Benefits Bill, the Senate has passed or is considering other laws which are potentially money bills.

They include County Wards Development Equalisation Fund Bill, the County Governments’ Amendment Bill, County Government Retirement Scheme Bill, Office of County Attorney Bill and the Potatoes Bill.

Sources in Parliament say Mr Muturi wrote to his Senate counterpart Ken Lusaka, expressing concerns that the Retirement Benefits Amendment Bill is a money Bill.

But Lusaka has downplayed any pending rift, saying the leadership of both Houses will soon retreat to iron out issues that could cause tension among legislators.

“All Bills concern counties. We will seek concurrence from the National Assembly and if we disagree the matter goes for mediation. The matter will be sorted out,” said Lusaka.

“In the meantime, there is no cause for alarm. We will organise a retreat for all the leadership of the two Houses to forestall any conflict.”

Lusaka did not give the timeline for the retreat but remained optimistic.

But National Assembly Majority Leader Aden Duale said: “These Bills are dead on arrival in the National Assembly. We are the only ones that have an open cheque to introduce any Bill in the House.”