The National Assembly during a sitting.
Members of the National Assembly and Senate will resume work on Tuesday, February 11after a two-month Christmas recess, with a full schedule in both Houses of Parliament.
A term of Parliament consists of six sessions, and therefore, the start of the Fourth session is the midpoint where political activities are set to intensify with key legislations scheduled for consideration.
For the National Assembly, one of their biggest deliverables is the consideration of nominees for appointment to the Independent Electoral and Boundaries Commission (IEBC) once names are received following the conclusion of the recruitment exercise by the Selection Panel.
The vetting of the six commissioners and a chairman —whom President William Ruto will pick from a list of two for the chairperson and nine for the commissioners submitted to him by the Selection Panel—will be the top priority.
At the same time, the reconstitution of 18 National Assembly committees whose term expires on Tuesday, The Budget Policy Statement (BPS), 2025, consideration of Bills proposed by President Ruto, opposition leader Raila Odinga-backed National Dialogue Committee (NADCO), Bills and the entrench the National Government Constituencies Decentralized Fund (NG-CDF), Senate Oversight Fund and National Government Affirmative Action Fund (NGAAF) have been listed as priority business for the House.
However, following the High Court ruling delivered on Friday that declared Azimio la Umoja One Kenya Coalition as the majority in the House, and not President Ruto’s Kenya Kwanza Alliance, it’s not yet clear whether the exercise on committee reconstitution will proceed.
This is because the powerful Committee on Selection which nominates members to serve in various committees is supposed to be chaired by the Leader of Majority and deputised by the Leader of Minority.
It’s not clear whether Mr Junet Mohamed, who is the current Minority Leader, will take up the position and assume the leadership of the committee.
“We are still consulting, maybe things will be clear on Tuesday. I don’t want to give a position now,” said a source in the minority leadership.
Whichever way this goes, the import of the ruling will be of monumental focus to the MPs—particularly the leadership of various committees, with the Constitution designating department and standing committees to the majority and oversight and audit committees to the majority.
Budget cycle
At the same time, National Treasury Cabinet Secretary John Mbadi is expected to table the Budget Policy Statement in the House which according to the Standing Order 232 should be submitted in the House on or before February 15, 2025.
This means that Mr Mbadi has until Thursday to submit the document in order to allow the House to kick-start the budget cycle for the 2025/2026 financial year.
The National Treasury is also expected to table the Debt Management Strategy which should also be in the House by Thursday.
Also lined up for consideration is the Joint Report of the National Assembly Departmental Committee on Justice and Legal Affairs and the Senate Standing Committee on Justice, Legal Affairs and Human Rights on the NADCO Committee Report and that of the Report of the Multi-Sectoral Working Group on the realisation of the two-thirds Gender Principle
The lawmakers will also consider the Public Audit (Amendment) Bill, 2024 which seeks to align the Public Audit Act, 2015 to the Constitution following a court ruling declaring certain sections of it unconstitutional.
The Bill also seeks to provide clarity on the recruitment process of the Auditor-General and improve the efficiency of the office.
The House will also consider the Political Parties (Amendment) 2024) and the Elections (Amendment) 2024) which are some of the two key Bills that emanated from NADCO.
The two Bills which have already been considered by the Senate seek to actualize some of the recommendations and views of the public submitted to the NADCO committee during public participation at Bomas of Kenya.
Some of the issues that came up during the engagement with the public include electoral justice and related matters such as fidelity to political parties and coalitions, and the law on multiparty democracy and the entrenchment of specified Funds and State Offices in the Constitution.
The House is also expected to fast-track the consideration of 283 Bills that are pending before various committees.
During the recent retreat of MPs at Naivasha, Clerk of the National Assembly Samuel Njoroge urged the committee chairpersons to speed up the consideration of the Bills and submit reports to the House for consideration.
The House will also conduct public participation on the proposed amendment to the Constitution to entrench the National Government Constituencies Decentralized Fund (NG-CDF), Senate Oversight Fund and National Government Affirmative Action Fund (NGAAF), before the publication of the proposed Bill.
The proposal to entrench the three funds is co-sponsored by Rarieda MP Otiende Amollo and his Ainabkoi counterpart Samuel Chepkong’a.
Just before the House proceeded for recess last year, National Assembly Speaker Moses Wetang’ula ordered the tabling of a report on the various laws that need to be considered by the House for the successful entrenchment of the funds.
The House is also expecting the long-awaited Public Participation Bill, 2024 from the Office of the Attorney General.
The proposed legislation is supposed to provide clear guidelines on what constitutes adequate public participation.
Courts have recently nullified some laws passed in Parliament on account that there was no adequate public participation.
Just like the National Assembly, the Senate will also kick off its session with the reconstitution of its key select committee which includes the Senate Business Committee, County Public Accounts Committee, County Public Investments and Special Funds Committee and the Committee on Delegated Legislation.
Senators will then embark on consideration of 53 Bills which includes 44 Senate Bills while seven (7) are from the National Assembly.
Coffee Bill 2023
Some of the Bills before Senators include The Coffee Bill 2023, Startup Bill, 2022) Persons with Disabilities Bill, 2023, The Natural Resources (Benefit Sharing) Bill, 2022, The Employment (Amendment) Bill, 2022, The Equalization Fund Appropriation, 2023, Mung Beans Bill (Senate Bills 2022 and the County Governments Additional Allocations Bill, 2024
On the budget cycle front, Senators are also expected to consider Budget Policy Statement (BPS), 2025, Division of Revenue Bill, 2025, County Allocation of Revenue Bill, 2025, County Governments Additional Allocations Bill,
2025 and the approval of the Cash Disbursement Schedules.
The budget cycle represents a key aspect of Senate business, demanding attention to deadlines in order to avoid delays in financing counties.
Senators will also consider the new fourth basis proposed formula by the Commission for Revenue Allocation (CRA) on revenue sharing among counties covering the financial years 2025/2026 to 2029/20230.
The new formula which was submitted to Parliament on December 31 has already elicited a sharp reaction from senators during their retreat in Naivasha where they vowed to reject it on account that it’s discriminatory.
The Third Basis for Revenue Sharing among counties, which was approved by Parliament in September 2020, will lapse this financial year 2024/2025
Senate majority leader Aaron Cheruiyot called on all Senators to engage proactively and collaboratively in the legislative process.
“I implore Honourable Senators to actively attend and participate in Committee meetings in order to expedite the consideration of business pending before committees,” Mr Cheruiyot said.
