Kenyan Senate battle with National Assembly moves to court

The Senate this week heads to the Supreme Court to seek an advisory opinion on the conflict with the National Assembly over the passage of 46 laws.

They want the court's intervention in instances where there has been lack of concurrence between speakers Justin Muturi (National Assembly) and Ekwe Ethuro (Senate).

On the spot are President Kenyatta, Mr Muturi, and Attorney General Githu Muigai, who has come under sharp criticism for alleged violation of the Constitution.

Majority Leader Kithure Kindiki (Tharaka/Nithi) faulted the National Assembly for passing the 46 laws without  Senate's consideration, arguing that they did not touch on counties. He also regretted that despite Mr Ethuro seeking concurrence on 21 bills originating from the National Assembly, they had been passed.

"The continued exclusion of Senate in the legislative process adversely impacts on its ability to represent counties and this could result in the weakening and eventual dismantling of the devolved system of government, which is the cornerstone of the Constitution," explained Mr Kindiki.

COUNTIES' BILLS

He regretted that senators' patience had been taken to mean weakness, cowardice, and that they were lesser than other elected leaders.

"The matter has persisted. Unfortunately, our patience, sobriety, understanding and maturity has not been matched by similar conducts from those whom this motion seeks to address," he said, adding, "The Speaker of either House of Parliament cannot decide to abrogate himself power to decide which bills concern counties. Article 110(3) should operate."

Kindiki defended the Senate's decision, saying they were not on a war path with anybody.

Minority Leader Moses Wetang'ula (Bungoma) stressed that Senate must stamp its authority and get it right now. "If we adopt the policy and principle of saying nothing, hearing nothing and doing nothing, we will go down in history as the most ignominious House that ever existed. If we cannot stand up to be counted, we shall have no capacity to stand up again," he said.