Fresh wrangles have rocked Parliament as the National Assembly and the Senate yet again engage in fierce supremacy battles.
In the latest dispute, the senators are up in arms over the move by the members of the National Assembly to drop Bills sent to them from the Senate for consideration.
“I find it to be a smack in the face of the Senate when you negate a Bill at Second Reading and call for mediation. It is an abuse of legislative mandate,” Senate Majority leader Aaron Cheruiyot said.
The National Assembly dropped two Bills that were passed by the Senate.
They are the Natural Resources (Benefit Sharing) Bill, 2022, that sought to provide a formula for sharing of proceeds of natural resources between counties, community and the national government.
Two weeks ago, the National Assembly rejected the Employment (Amendment) Bill, 2022, that was passed by the Senate.
The law proposal allows employees to disconnect from work – entitlement not to be contacted by the employer during out of work hours as per the employer’s policy.
The two proposed laws were dropped in the second reading stage – debating stage.
The move has irked senators, who are now accusing their counterparts in the National Assembly of undermining their legislative mandate.
“I even said this to our colleagues on the Minority side many times, that, unless a Bill is fatally flawed ab initio, it is an abuse of legislative procedure to negate any Bill at second reading,” Cheruiyot said.
The Kericho senator protested that the Natural Resources (Benefit Sharing) Bill, 2022, has been in Parliament for more than 10 years.
“This Bill has been in the corridors of Parliament for over 10 years. We have considered it severally. In fact, I have lost count of the number of times the Senate has sent this Bill to the National Assembly and it has been returned,” he said.
Cheruiyot urged Speaker Amason Kingi to file a complaint and displeasure with his National Assembly counterpart Moses Wetang'ula on how they are treating Senate Bills.
“Indeed, your concerns are valid and I will take it up with my counterpart in the National Assembly,” Kingi said.
The Speaker, however, urged the members to exploit the provision of the House rules (Standing Orders) that provides for co-sponsorship of Bills with their colleagues in the National Assembly for smooth consideration of their Bills.
“Co-sponsorship is one of the ways that we can employ to avoid scenarios such as this. Since one, in as much as the Bill is considered extremely important by the Senate, the National Assembly may not necessarily feel the spirit behind that Bill,” Kingi said.
Since the advent of the bicameral Parliament in 2013, the two Houses have engaged in supremacy battles despite the Constitution clearly stating their roles.
In 2020, the High Court annulled 23 Acts that were passed by the National Assembly and assented to by the President without the involvement of the Senate.
The ruling follows a case filed by the Senate in the wake of the battle for supremacy.
Article 96 of the Constitution provides that the Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties.
However, the law bars the Senate from considering money Bills – Bills that impose taxes and levies.
The National Assembly considers all Bills, including money Bills.