Senators, MPs in supremacy battle

By Felix Olick

NAIROBI, KENYA: The Senate and the National Assembly are locked in a fight over which of the bicameral Parliament is superior.

The Senators are furious over what they termed “being treated as junior to MPs” in terms of legislative power and failure to be given necessary space in their oversight role in devolution.

This even as a section of MPs dismissed the grievances, insisting the Constitution gives more powers to the National Assembly.

Senators have also complained of being entitled to the same salary and support staff as MPs, yet they represent a larger geographical area, with some representing 12 constituencies.

“We feel it is unfair to treat an MP covering one constituency exactly in the same way like a senator covering 12 constituencies.

Earn the same

We earn exactly the same pay and are entitled to the same staff. This is something the Senate is challenging,” Meru Senator Kiraitu Murungi told The Standard On Sunday.

However, Uholo MP Christopher Wandayi laughed off the arguments, saying the entire country also elects Women Representatives yet they sit in the National Assembly with MPs.

“Such arguments don’t hold any water. The geographical area cannot determine remuneration you represent but by the role you play.

The Constitution, the way it is formulated, gives more powers to the National Assembly,” said the first term MP.

But Senators argue they have the highest residual power to even fire the President and Governors, something the National Assembly or any other institution cannot do.

They also feel ‘belittled’ in terms of protocol during State functions with complaints that they are recognised last after civil servants, MPs and Governors.

During a recent retreat for Senators in Naivasha, Mombasa County Senator Omar Hassan caused a stir by insisting it was only logical that Senate comes second in command after the Presidency, given its oversight role.

Mr Hassan said the Tenth Parliament deliberately watered down the functions and role of the Senate to undermine it.

“The Senate should take its rightful role and position in the hierarchy of power. It comes second after the Presidency, but MPs in the Tenth Parliament deliberately undermined it,” he said.

As a result of the Standing Orders created by the Tenth parliament, all the Bills including Key laws on devolution passed by the Senate are supposed to be approved by the National Assembly, a fact that the Senators are now seeking to overturn.

Mr Kiraitu said they are plotting to amend the Standing Orders so that ‘laws passed by the Senate especially in the mandate given to us, which is protecting the county governments, is not referred to any other body.

Unite country

“The space for the National Assembly is there that deals with national budget and its implementation.

But as far as the counties are concerned, this is the business of the Senate. The laws should begin and end with the Senate,” insisted Kiraitu.

The Senators have now formed a committee chaired by Speaker Ekwe Ethuro to enhance the status of the Senate. Another committee that would look at the Constitution, the Statute Law and the Standing Orders to address what the Senators say are the current structural weaknesses in the Senate have also been formed.

The Senators are also fighting for bigger offices and more staff saying they need to effectively supervise the county governments.

But the Senators are also working on laws to enable them summon Governors to account for how they spent the money allocated to the counties.

This is also likely to cause fresh power row with the Governors who are already fighting for autonomy and independence.

Just recently, the 47 Governors made several demands to former President Kibaki, including eight body guards, diplomatic passports, and three vehicles each with special number plates marked County Governor and flying the National Flag.