New bill to end National Assembly, Senate rivalry

A new bill seeking to end the National Assembly and Senate rivalry seeks to address potential legal loopholes as was the case during the Petition of the Finance Act 2023, by prescribing procedures for ensuring seamless consideration of the legislative business of each House.

Part of the key issues against the Finance Act 2023 was whether the Finance Bill required the concurrence of the Speaker of the Senate.

The petitioners argued that Senate did participate in the legislative process of the then Finance Bill 2023 yet the Finance Bill concerned counties since it contained provisions affecting the functions and powers of county governments such as housing.

The respondents, which included the National Assembly, on the other hand, argued that as the Finance Bill was a money bill and not a bill concerning county governments as contemplated in Article 110 of the Constitution, the concurrence of the Speaker of the Senate was not required, and the participation of the Senate was precluded by Article 114 of the Constitution.

To avoid future potential legal loop-holes between the Senate and National Assembly, the Houses of Parliament Bill, 2023, also referred to as the Bicameral Relations Bill 2023,  sponsored by Ainabkoi MP Samuel Chepkonga seeks to foster the relationship between the two Houses by prescribing procedures for ensuring seamless consideration of the legislative business of each House.

According to the Bill, all Bills passed by the National Assembly which affect devolution must also be debated and passed in the Senate before they can be signed into law.

In the past, the conflict between the two Houses has affected, among other things, the amount of money that counties get as annual shareable revenue from the national government.

In this regard, the Annual County Allocation of Revenue Bill as provided under Article 218 of the constitution shall be considered by both Houses.

A bill to amend the constitution as provided under articles 255, 256 and 257 shall be considered by both Houses.

“A bill relating to the election of members of a county assembly or a county executive under article 110 of the constitution shall be considered by both Houses,” it says, adding, “An Appropriation Bill under Articles 95, 221, 222 and 223 shall be considered only by the National Assembly.”

It further says that a finance bill introduced under Articles 95, 114, 209, 210 and 221 shall be considered only by the National Assembly and that, any bill providing for taxation and other revenue-raising powers of the National government shall be considered only by the National Assembly.

The proposed law further outlines matters relating to the publication and the enacting of formula Bills and Acts of Parliament to standardise the practice between the Houses in that if one House passes an ordinary bill concerning county governments, and the second house rejects the Bill, it shall be referred to a mediation committee appointed under article 113 of the Constitution.

The Houses of Parliament Bill 2023 also seeks to introduce a joint mediation committee, to resolve disputes between the two legislative organs as well as oversee the conduct of joint proceedings and committees.