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Parliament
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Kanja's nomination, IEBC and counties' impasse: Parliament resumes with full in-tray

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Parliament in session.

Photo credit: Sila Kiplagat | Nation Media Group

Delayed reconstitution of the electoral commission, unlocking impasse over Sh60 billion due to counties and approval of Inspector General of Police nominee Douglas Kanja tops agenda for MPs as they resume sittings on Tuesday.

The long-awaited reconstitution of the Independent Electoral and Boundaries Commission (IEBC) is among the urgent business of Parliament.

National Assembly Speaker Moses Wetang’ula over the weekend called for the swift reconstitution of the electoral agency, saying there were many pending commission activities that had stalled due to lack of commissioners.

“We cannot afford further delays on boundary reviews or pending by-elections in our wards and constituencies. I urge those obstructing this process to reconsider their stance and allow the country to move forward,” said Mr Wetang’ula.

Prompt resolution

He also called on the Chief Justice Martha Koome to expedite court cases concerning the IEBC, stressing the need for prompt resolution to avoid further disruptions to the electoral process.

Another crucial agenda will be the process of unlocking Sh60 billion that the national government owes counties for the months of July and August but cannot be released since the Division of Revenue Bill, 2024 has not been passed.

While the law requires the Bill to be enacted by June 10 or before the commencement of the next financial year, it is yet to be passed two months into the new financial year.

It is understood that MPs will explore a stop-gap measure to allow the National Treasury to release part of the funds to counties to avert a looming crisis.

Related to the same are two crucial Bills related to the division of funds between the National government and counties.

On this front, the lawmakers will consider The Division of Revenue (Amendment) Bill (2024) which seeks to adjust the distribution of nationally-raised revenue between the national government and county governments.

The re-consideration of the Bill has been prompted by the withdrawal of the Financial Bill, 2024 due to the sustained anti-government protests by the youth.

The NA had considered the Bill and referred it to the Senate for consideration last month. It is therefore expected that once concluded by the Senate, the Bill will be referred back to the NA.

However, senators have joined governors in opposing a proposal by the National Treasury to slash equitable share of revenue by Sh20 billion occasioned by the rejection of the Finance Bill.

President William Ruto had urged the Senate to amend the County Allocation of Revenue Bill, (Cara) 2024 for the financial year ending June 30, 2025 from Sh400.1 billion to Sh380 billion.

The proposed new figure is Sh5 billion less than the Sh385 billion that the devolved units received in the last financial year ending June 30, 2024.

The National Assembly (NA) will also consider a vetting report of Mr Kanja by a joint Parliamentary committee.

The Senate had already approved the report last month leaving the nominee waiting for the nod from NA as he seeks to replace Japhet Koome.

Treasury Cabinet Secretary John Mbadi, Davis Chirchir (Roads and Transport) and Dr Alfred Mutua (Labour and Social Protection) will appear before the Senate to answer questions regarding their dockets.

Pending Bills

As part of the full in-tray, senators will be considering 54 Bills that are pending conclusion before the Senate, 42 of which are at the Second Reading, while 12 are at the Committee of the Whole stage.

There are 21 Motions pending conclusion, 20 Petitions due for reporting by the respective Standing committees and 394 Statements pending before the Standing committees.

On the other hand, the NA is set to consider four crucial Bills which includes the Conflict of Interest Bill, 2023, Sugar Bill, 2022, The Water (Amendment) Bill, 2023 and the National Rating Bill (National Assembly Bill, 2022

The Conflict of Interest Bill seeks to provide for the management of conflict of interest in the discharge of official duties.

The proposed legislation further seeks to provide clear definitions of conflicts of interests, explicitly identifying where private interests could influence or hinder the impartial exercise of public duty.

The Sugar Bill on the other hand seeks to reinstate the Sugar Act which was repealed through the enactment of the Crops Act, 2013.

The Bill also seeks to restore the roles of the Kenya Sugar Board currently undertaken by the Sugar Directorate of the Agriculture and Food Authority established under the Agriculture and Food Authority Act, 2013

The Water Amendment Bill seeks to amend the Water Act, of 2016 to provide for public- private partnerships in the water sector.

The National Assembly will also consider two Bills that have emanated from the Senate-the Employment (Amendment) Bill 2022 and Natural Resource Benefit Sharing Bill.

The Employment Bill sponsored by Nandi senator Samson Cherargei, seeks to limit employers from contacting their employees past working hours.

The natural resource benefit sharing Bill sponsored by Tana River Danson Mungatana, seeks to establish a system of benefit sharing in natural resource exploitation between resource exploiters, the national government, county governments, and local communities.