Row brews at Parliament over county bills

National Assembly Speaker Justin Muturi is set to rule on the constitutionality of how the Senate adopted mediated version reports of the two County Government (Amendment) Bills, 2017, as the two Houses of Parliament spoil for a fight.

This comes after National Assembly Deputy Speaker Moses Cheboi directed that the two mediated version reports be stepped down from among the order of business to be transacted by the House for the day pending “further consultation” and ruling by the Speaker.

The mediated reports on the County Government (Amendment) Bills by Senators Kipchumba Murkomen (Elgeyo Marakwet) and Mutula Kilonzo Junior had been approved by the Senate on April 21.

But when they were taken to the National Assembly for concurrence, as required by the Constitution, Leader of Majority Aden Duale raised constitutional issues on the manner in which they were approved in Senate.

Mr Duale demanded that the Speaker rules whether the mediated reports were properly before the House forcing Mr Cheboi, who was on the Chair at the time, to have them withdrawn before debate could start until the issues raised are cleared.

“There are quite a number of issues that must be looked at very seriously. Looking at the weight of the matter, I am actually convinced to step it down to allow a more substantive ruling on it,” Mr Cheboi.

According to Mr Duale, the Senate violated Article 123 of the Constitution by allowing its immediate former leader of majority Kipchumba Murkomen (Elgeyo Marakwet) and deputy leader of minority Cleophas Malala (Kakamega) to vote on behalf of the other Senators.

He claimed that the move by the Senate was “an absurdity and unheard off anywhere in the world.”

“Undoubtedly that which is tainted by illegality cannot be legal at the end. The Senate recently adopted rules of procedures that allegedly fall outside the scope of Article 123 of the Constitution by allowing the concept of proxy voting,” Mr Duale told the House.

Mr Duale noted that unless the Senate is stopped, the same mode of voting was bound to be applied on the County Allocation of Revenue Bill, 2020, which allocates money equitably to all the 47 counties.

The revenue bill is currently before Senate.

The first report of the County Government (Amendment) Bill no. 11 by Makueni Senator Mutula Kilonzo junior is on the dissolution of a county government.

The other report on the County Government (Amendment) Bill by Mr Murkomen is on how the position of the deputy governor should be filled whenever a vacancy occurs.

Article 123 of the Constitution, Senate decisions, provides that voting on a county matter before the House is done by the elected Senator or the nominated Senator of a respective county having been delegated to vote on behalf of a delegation.

Although Mr Duale noted that Standing Order 87 (5) prohibit the National Assembly from criticising or calling to question the proceedings in the Senate, it allows any of the House members to debate on the structures and role of the Senate.

As such, Mr Duale noted that what he had raised is a pertinent question that needs to be answered before the House proceeds to approve the mediated versions of the two Senate Bills.

“Assuming we applied this in this House. All I would need to do is to rise and vote for as many members as I can by arguing they are voting through me! It is tantamount to erasing Article 123 of the Constitution and assuming it does not exist in regard to the Senate action.”

MPs Dr Chris Wamalwa (Kiminini) and Junet Mohamed (Suna East) noted that the issues raised by Mr Duale are weighty and must be dealt with first. 

“This is a serious matter. The process is very critical in determining output. If the input is illegitimate, it is obvious the output is illegitimate. The process that was used by the Senate was fraudulent,” Dr Wamalwa said.

“There is a ruling of the Speaker that said matters about the constitution, a member can raise them anytime when the Bill is before the House,” Mr Mohamed said as Dr Wamalwa noted that its time the Senate move was challenged in court.

Attempts by leader of minority John Mbadi (Suba South), Peter Kaluma (Homabay Town) and Amos Kimunya (Kipipiri) that the National Assembly should proceed and adopt reports on the Bills as it is not the right forum to arbitrate on the matter, were dismissed by the Deputy Speaker.

“I see members saying that we could easily pass this or transact the business one way or the other and allow any other person to go to court and challenge our decision. It is a right procedure, but sometimes we do not need to act in vain,” said Mr Cheboi.