A group of MPs have hatched a plot to abolish the Senate. The caucus, mainly from the National Assembly and led by Irungu Kang'atta (Kangema), is drafting a Bill to abolish the Senate on the grounds that it is an "unnecessary burden to the taxpayer".
Kang’atta says the powers of the Senate as provided for in Article 96 of the constitution should be transferred to the Council of Governors established under the Intergovernmental Relations Bill.
“There are lots of contradictions in the law because Senators are bestowed with the task of protecting the counties, but they have no experience with what is happening on the ground,” he said.
He said governors understand devolution better than senators and can be relied upon to meet regularly to consider legislation and other issues affecting counties and their government.
The Bill would also cut down on the number of commissions and commissioners. The MPs say one entity could replace the multiplicity of commissions. The Senate came into being after the March 4 election but has had a lower profile than the National Assembly.
The senators have been complaining about the "garage-like" Shimba Hills hall at the KICC chamber where they conduct their business. Senators are also unhappy with the security of the KICC which is accessible to any person.
“This chamber is not befitting the Senate. The constitution was promulgated in 2010. Why did the leadership of Parliament take too long to reconfigure this hall and make appropriate facilities available to members?” asked Minority Leader Moses Wetang'ula on April 17.
National Assembly members are provided with a secretary, a furnished office and a secure parking lot at Continental House but senators have been left to fend on their own.
MPs perceive the Senate as a house for retirees, the ‘analogue’ generation who should ideally be resting at home. Matters came to head last week when the National Assembly sarcastically asked the senators to sit in the public gallery to watch them work.
The members of the National Assembly were questioning the role of the Senate in debating the Devolution of Revenue Bill. National Assembly speaker Justin Muturi even ruled that the Bill was sent to the Senate unconstitutionally.
Some senators hit back by suggesting that the Constituency Development Fund Act be amended so that governors receive the money directly from the Treasury so that members of the National Assembly are sidelined.
Garissa senator Yusuf Haji said that if MPs continued to control the CDF, they would use the money to serve political interests. Yesterday another MP told the Star that efforts to mobilize the National Assembly into supporting the Bill to abolish the Senate are moving ahead.
They hope to secure the support of a sizable number of members to push the Bill through. The Bill might even have been introduced in the National Assembly last week but was withheld after the turf war erupted with the Senate.
This is the second attempt to abolish the Senate. In 2011 former Ndaragwa MP Jeremiah Kioni was forced to shelve his attempt after a public outcry. However, the National Assembly will have a huge challenge as the Bill would have to be ratified by a referendum.
Yesterday, Kang'atta told the Star in Parliament that the finer details of the Bill are ready and could be introduced in the House as early as next week. He said the intention is to reduce government expenditure and the Senate would be abolished over a five year period.
“This Bill will show the net effect of a bloated government. It wastes up to Sh3 billion every month which can be saved for other purposes,” he said. However, Elgeyo Marakwet Senator Kipchumba Murkomen dismissed the scheme as a waste of time, noting that those pushing the agenda are “victims of high level ignorance”.
Murkomen said the move was unconstitutional and should not be allowed on the floor of the House because Standing Orders disallows unconstitutional business.
“As a lawyer, I expect Kang’atta to know better. I am ready to take Kangatta back to school and offer free civic education on the constitution," he said. Butere MP Andrew Toboso promised to oppose the Bill.
“The constitution is very clear on the line between the two Houses. The Senate must protect devolution,” he said. Nairobi Senator Mike Gideon Sonko accused Kang'atta of being a puppet.
“This man is not his own man. He has godfathers who are unhappy with devolution," he said. Former Committee of Experts chairman Nzamba Kitonga said it was impossible to disband the Senate without radically changing the constitution. “The suggestion that one House should be disbanded is very ignorant because the roles of the two houses are interwoven.”
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