Senate fights to regain upper House status

Nominated Senator Janet Ongera and Garissa Senator Yusuf Haji. Senate seeks to reclaim the historical status of being the upper House. [PHOTO: FILE/STANDARD]

By JACOB NG’ETICH and STEPHEN MAKABILA

KENYA: The Senate has set the ball rolling to stamp their authority as the upper House by amending the Standing Orders made by the 10th Parliament.

In a paid-up advertisement in the local dailies the Clerk to the Senate Jeremiah Nyegenye urged the public to give their views on the proposed changes to the Standing Orders of the Senate.

“The Sub-Committee on the Amendment of the Standing Orders to the Senate now invites interested members of the public to submit written memoranda on proposed amendments to the Standing orders of the Senate,” read part of the advert.

Last week, the Rules and Business Committee of the Senate established a Sub-Committee on the Amendment of the Standing Orders with the mandate to propose, to the committee, amendments to the Standing Orders of the Senate.

Among those to sit on the committee are Majority Leader and Tharaka Nithi Senator Kithure Kindiki, Leader of Minority Moses Wetangula, Chief Whips Beatrice Elachi (Majority) and Johnstone Muthama (Minority) and Senators Beth Mugo, John Lonyangapuo, Charles Keter, Kiraitu Murungi, James Orengo, Janet Ong’era and Agnes Zani.

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The advert advised Kenyans to propose changes at www.parliament.go.ke.

Mr Nyengenye said the proposed amendments would be considered by the Rules and Business Committee in terms of Part XXIX of the Standing Orders of the Senate.

But Lamu Senator Abu Chiaba, says proposals for amendments were House business and did not warrant discussion in the media.

Demeaned

However, Nominated Senator Naisula Lesuuda said the move was meant to ensure the House had the powers that befits it as an upper House like in other countries.

Ms Lesuuda said most MPs in the Tenth Parliament fought to have the Senate remain as the Lower House when it was clear and historically known world over the Senate was the upper House.

“The Senate in the history of the world is always the upper House and it will be awkward to have the Kenyan case looking the opposite, I hope the Standing Orders will present us with the opportunity to rectify this anomaly,” she said during the Senators’ induction programme in Naivasha. Prof Kindiki said the Senate was unique because the National Assembly had the power to veto what the Senate passed, an issue that demeaned the House.

Nominated Senator Liz Chelule said she had proposed the amendments of number 58 of the Standing Orders to allow the nominated Senators vote on county matters like their elected counterparts.

“After a thorough consultation however, I realised it was a constitutional matter that needed a referendum, we are still looking at the issue because it was important all members of the Senate participate in the devolution,” said Chelule.

Chelule said at the moment the nominated senator could only vote in the absence of the elected members when it was to do with the county matters.

Nominated

“A Motion by Kakamega Senator Bonny Khalwale to have the Government construct universities which was later amended to include middle colleges in every county did not pass because there were only 23 elected senators while we the nominated were 10 to make it 33, we would have executed the business,” she explained.

She said the Sub Committee had given members up to after May 22 to present their proposals.

Meanwhile, the Senate will have to operate in temporary abodes for the next one year before finally relocating to its permanent 100-member capacity chamber at the old Parliament Buildings.

The Old Chamber is being refurbished at a cost of Sh1.2 billion and it is expected that the works would be complete by the end of the year.

This month, the Senate, according to its Speaker David Ekwe Ethuro, is expected to shift from the current temporary abode at Kenyatta International Conference Centre (KICC) to County Hall.

The works at the County Hall, which is being modelled into a Chamber, were expected to be complete by June, but this will have to be fast-tracked.

Senators have been using KICC’s 90-seater Shimba Hills hall since President Uhuru Kenyatta officially opened the joint session of the House last month. 

However, the senators have taken issue with the deplorable state of the temporary debating chamber at the KICC, with one member likening it to a mechanical garage.

Members have since pleaded with  Ethuro to move with speed and accord them facilities that “befit their status” even as they accused the leadership of Parliament of being slow in granting them the right atmosphere to conduct business. The 67-member House has demanded that Parliament fast-track refurbishment of the Old Chambers.

West Pokot Senator John Lonyangapuo says proper facilities for senators would enable them concentrate on the enormous task of ensuring successful devolution process.

“Senators are ready to work and they need an enabling environment to perform to the expectations of those who elected them,” added Prof Lonyangapuo.

Most Senators are yet to get offices, despite this being provided for in the Constitution.

Allocated offices

However, the question of office space seems to have been answered after the Government secured seven floors of KICC to accommodate them.

Refurbishing work is going on.

Among some of the offices relocated to pave way for the senators include the Transitional Authority. Office of the Government Spokesman previously located at KICC has also not been spared.

After the March 4 General Election,  349 MPs and 67 Senators  had expected to get offices in Continental House where they would not only transact business that cannot be done from the floor of the House, but would utilise state-of-the-art facilities, including a gym, swimming pool and sauna.

A total of 110 legislators are yet to be allocated offices.  Ethuro has stated that 41 Senators who were allocated offices at Continental House would soon be moved to KICC to pave way for Members of National Assembly.

Some MPs have complained they were forced top operate from their vehicles and hotel rooms due to lack of offices.

Immediate former National Assembly Speaker Kenneth Marende had before leaving office indicated about 187 MPs and Senators may not have ready offices even following renovation of Harambee Plaza, Protection House and Ukulima House.

However, despite the welfare problems facing the Senate, progress has been made on the legislation front.

Earlier in the week, the senate passed its first substantive Motion seeking to introduce at least one public university in each of the 47 counties within the next five years.

The Motion, sponsored by Kakamega Senator Boni Khalwale, faced threats of failing on technicalities as the House rules stipulate that it has to be passed by more than 24 votes that were not raised in the first round of voting in the Chamber.

Senate Standing Orders state that any law with a direct bearing on counties has to be passed by more than half of the representatives of counties at the assembly.

All the 12 senate committees are also in place complete with elected chairs, safe for the County Accounts Committee and County Investment Committee that are yet to be constituted.

The two committees are supposed to monitor usage of allocated funds and investments in the counties.