The battle lines have been drawn between senators and their National Assembly counterparts following the latter’s failure to adopt the mediation report on the Division of Revenue Bill, as was agreed by representing parties.
Senators have vowed to shift the rivalry with their MP colleagues to the Constituency Development Fund (CDF), which they want devolved and managed by counties.
Governors have also described the National Assembly as a “rogue” institution whose powers need to be clipped and threatened to push for the same in their referendum bid.
Speaking during a retreat in Naivasha on Friday, Council of Governors chairman Peter Munya said the referendum crusade dubbed Pesa Mashinani would include a question asking Kenyans to introduce laws taming powers of MPs, especially in budget making.
“We shall use all legal institutions to entrench devolution. If the MPs continue acting this way, then we will be forced to fight for our space and ensure counties are adequately resourced, “ said Munya.
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Legal battle
Meru Senator Kiraitu Murungi warned members of the National Assembly that Senate would take revenge and “teach them a lesson they will never forget” after their decision to take away the Sh1 billion given to members of the Upper House for their oversight duties.
Kiraitu, who was the chairman of the Senate Committee on Oversight, Monitoring and Evaluation that lobbied for the funds, accused the MPs of abusing their budget-making powers by vengefully slashing budgets of institutions they viewed as ‘unfriendly’.
This past week, MPs took away the Sh1 billion that had been allocated to senators and slashed the budgets of the Judiciary and the Salaries and Remuneration Commission (SRC) to raise the Sh3.3 billion that senators had demanded be increased to the Sh283.7 billion allocation to counties.
The MPs have accused the Judiciary of being hostile to them since the Supreme Court ruled in favour of the Senate in their legal battle over the enacting of the Division of Revenue Bill two years ago.
The legislators have also been accusing SRC of targeting them after it thwarted their efforts to get higher perks.
On Saturday, Kiraitu said the decision to slash the budgets of these institutions was vengeful and an abuse of power.
“We will not take this matter lying down,” said Kiraitu, though he did not expound on what measures the Senate will take against the MPs.
Senator Moses Kajwang (Homa Bay) has claimed the move is a plot to create wrangles between the bicameral Parliament and Judiciary.
Ulterior motives
“MPs have been fooled. The protracted war between the two Houses, which has also roped in the Judiciary is a grand by the government to frustrate devolution and the push for a referendum to amend the Constitution,” Kajwang said over the weekend.
Senators Magahi Kagwe (Nyeri), Mutula Kilonzo Junior (Makueni), Kipchumba Murkomen (Elgeyo/Marakwet), Boni Khalwale (Kakamega), Lenny Kivuti (Embu), Billow Kerrow (Mandera), wondered why the MPs decided to go against the recommendations in the mediation report on where the Sh3.3 billion extra to counties was to be hived off.
“The actions of the National Assembly purporting to punish the Senate and the Judiciary by slashing their budgets is unlawful to the extent that it is motivated by ulterior motives,” said Kilonzo Jnr.
He continued: “Senate will not be intimidated by malice. We will offer our clothes if they so wish but we will not dignify acts of malice by persons who should know better.”
Kilonzo Jnr, who is a member of the Senate Finance committee, which has proposed an additional Sh7.7 billion to counties, bringing the total to Sh291 billion, said Senate would survive without the Sh1 billion allocation, but the Judiciary needs the funds.
“For the Senate, this is a big win. We have forgone our allocation to improve services to counties. What have the MPs’ done? They are more interested in institutional fights and trying to demonstrate how superior they are at the expense of the ordinary wananchi, who elected them to serve,” said Senator Kagwe.
The Senator was the chairman of the mediation committee to deliberate on the impasse of the Division of Revenue Bill, which has since been assented to by President Uhuru Kenyatta.
Senator Kivuti concurred with Kagwe, arguing that what the country is being subjected to is unhealthy and unwarranted.
He said: “If this is the fight they are spoiling for, they should be prepared to surrender CDF to become a devolved fund. They cannot purport to carry out oversight functions and the same time execute roles by initiating projects in their constituencies.”
Kivuti in particular took issue with Budget Committee chairman Mutava Musyimi (Mbeere South), who he faulted for arguing that the Judiciary favors the Senate.
“We are going to go a step further and push for the reduction of powers of the National Assembly, especially the Budget Committee in the budgetary process,” he said.
