Senators defend decision to table two crucial Bills

Senate Majority Leader Kithure Kindiki

By ROSELYNE OBALA

NAIROBI, KENYA: Senators have defended the tabling of two crucial Bills and explained that there is no conflict between the National Assembly and the Senate.

Majority Leader Kithure Kindiki tabled the Division of Revenue Bill, 2014 and the County Allocation of Revenue Bill, 2014 last week before the Senate went on recess.

Prof Kindiki explained he introduced the two Bills, which were a cause of confrontation between the two Houses last year, to meet the budgetary deadline set out in the Constitution.

He downplayed suggestions that there will be a fresh confrontation as the National Assembly is due to consider the Division of Revenue Bill, which spells out the sharing out of cash between counties and the national government.

The Tharaka Nithi Senator explained that he discussed the matter with Senate Speaker Ekwe Ethuro and resolved that Senate will not debate the Division of Revenue Bill until the National Assembly is through with it.

“The Standing Orders are very clear, we cannot have simultaneous debate on the same legislation and therefore we must wait for one House to conclude before transmitting the same to the other House,” he said.

He added: “I tabled the two Bills for first reading and I discussed the matter with the Speaker. We agreed that we shall only debate on the Division of Revenue Bill after the National Assembly finishes with it.”

He stated that Article 110 (3) of the Constitution stipulates that the two Speakers, Ethuro and Justin Muturi (National Assembly), agree on which House the two Bills originate from.

“Since we are on recess and the National Assembly resumes sitting tomorrow (today) our decision to table the two Bills, will shorten the process and make it easier for the two Houses to meet the budgetary deadline set by law.”

He continued: “Senate must be recalled to pass the Bills once the National Assembly has concluded and we will start from the second reading.”

He said the budgetary timeline requires that by June 30, the two Bills should be ready.

Kiambu Senator Kimani Wamatangi concurred with Kindiki. “We now have consensus on the matter. We are only trying to shorten the time to ensure Parliament concludes the Bills on time to prevent a crisis,” explained Wamatangi.

Kindiki admitted that ordinarily, the Division of Revenue Bill should originate from the National Assembly while the County Allocation of Revenue Bill should come from the Senate but emphasised that time was of essence.

“We are on recess but we expect the National Assembly to resume tomorrow (today) to conclude on the Division of Revenue Bill of which Senate must be recalled for a special sitting to debate on,” he explained.

He continued: “There is no mischief in the whole process. In any case, the Division of Revenue Bill at the National Assembly is more or less the same with my Bill at the Senate. The total figure is Sh226 billion and the only erroneous thing is the conditional allocation.”

He, however, absolved that National Assembly of any blame, saying this  may have been an honest oversight.

The Bill, sponsored by Aden Duale is set for Second reading tomorrow (today) at the National Assembly and then proceed to the committee of the whole House.

Wamatangi noted that the Division of Revenue to counties rests with the Senate.

“We know the specific needs of every county and so the function is exclusively a Senate function as the National Assembly is only mandated by law to share the allocation between the national and county governments,” he said.

CONDITIONAL ALLOCATION

Wamatangi and Kindiki are in agreement that the counties should be allowed to spend the conditional allocation as they deem fit.

“By the National Assembly specifying the amounts to be used on specific projects is like the national government trying to dictate to counties how to spend their allocation,” said Kindiki.

“We should not give conditions to counties on how to spend their funds,” added Wamatangi.

Kindiki explained that the move to introduce the two Bills in the Senate will make it easier when they reconvene for a special session to kick off the debate on Second reading.

He continued: “By end of April, counties should have prepared their budgets and forwarded to the national Treasury for reconciliation.

The Majority Leader stressed that once the two Houses finalise on the Bills, they will either agree or differ.

“We cannot anticipate the outcome by the National Assembly’s recommendations since there were proposals made by the executive. If we fail to agree, we will go to mediation.”