Saturday, July 6, 2013

Supremacy battle as Senate accuses Uhuru, Ruto of favouring MPs

By MWANIKI MUNUHE
KENYA: Supremacy battles between the National Assembly and the Senate are far from over as differences between key parties in the Jubilee alliance begin to emerge.
While the Supreme Court is expected to settle a legal contest over key Bills on Tuesday next week, political differences are expected to persist in Parliament. Meanwhile, it has emerged that Senate attempts to settle the dispute privately last week were rebuffed.
The contest within Jubilee centres on relations with State House, participation in House committees and control of key parliamentary business. These factors have proven so disruptive that President UhuruKenyatta and Deputy President William Ruto have reportedly felt the need to reprimand three key allies over the squabbles.
The Standard On Saturday has now established that some Jubilee senators are not only annoyed with theNational Assembly, but also by what some say is unfair treatment by State House. Many senators, including those in the Jubilee coalition, think Uhuru and Ruto have been isolating the Senate in discussing crucial legislative business.
“The President and Deputy President seem convinced that the Senate is a lower house,” a Jubilee senator told this writer. “They have been holding meetings with members of the National Assembly yet members of the Senate have not been invited to any such meeting despite the crucial role the senate has on devolution.” President Kenyatta and Deputy President Ruto have met Jubilee MPs on various occasions, including earlier this week, to discuss various legislative issues. The Tuesday meeting was primarily to discuss an unpopular Bill on taxation of basic commodities. Another meeting is planned for Monday with no indication Senate members are invited.
Serious business
“Can anyone convince you that since (the March 4) elections, there has never been any serious business (on which) the President and his deputy felt consultation with senators was important?” asks another senator. “This is why we feel the treatment we are getting from the National Assembly has now gone beyond Parliament.” The Senate has already gone to court to challenge a decision by the President to sign the controversial Devolution of Revenue Bill without consulting the Senate. Two judges will next Tuesday hear and determine the matter.
Meanwhile, House Speaker Justin Muturi and Senate Speaker Ekwe Ethuro have been trading accusations over the matter, with Ethuro accusing the National Assembly of undermining the Senate’s legislative role. We established that Ethuro wrote to Muturi last Monday asking for guidance on how the two houses are to work together.
When asked about this, the Senate speaker said: “Yes, I wrote to the ( National Assembly) Speaker but I have not received any form of response from him.”
Muturi, meanwhile, remained adamant that the house he heads has, so far, acted in accordance with the law. “To argue that no house can proceed on a Bill without the joint resolutions of the two speakers is tantamount to arguing that one house can decide to sabotage the constitutional obligations of the other house,” said Muturi. “Secondly, there are those functions that are exclusively vested in the county government to the exclusion of the national government pursuant to article 186 (1) of the constitution.
Example of these functions include pre-primary education, village polytechnics, home craft centres, children facilities, fire fighting services, animal control and welfare including licensing of dogs and facilities for accommodation.”
Ethuro has the support of Jubilee senators Kipchumba Murkomen, Billow Kerrow and Senate Deputy Speaker Kembi Gitura.
“The essence of a bicameral (two-house) Parliament is quality assurance,” said Kerrow.
Murkomen added: “I want to commend the Speaker for his restraint. This is a deep problem that amounts to total disrespect of the Senate.”

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