The long-standing quarrels between the National Assembly and the Senate over the division or roles and functions may soon be a thing of the past after the two Houses began debates on a Bill that seeks to harmonise relationships between them.
The Houses of Parliament (Bicameral Relations) Bill, 2023, sponsored by Ainabkoi MP Samuel Chepkonga seeks to improve relations between the National Assembly and the Senate and end the many wrangles that have often marred debates between the two Houses of Parliament.
Members of Parliament, while debating the Bill on the floor of the House on Wednesday March 21, 2024, said that the proposed legislation was timely.
The MPs highlighted instances of duplicated summonses issued by both Houses to cabinet secretaries and a lack of clarity on mandates of the two Houses, as some of the areas of conflicts that ought to be resolved by the Bill.
“We often have confusion on the distinct roles of the two Houses. This Bill can guide how Committees in both Houses will conduct business, particularly oversight,” said Butere MP Tindi Mwale.
Delimitation of mandates
Seme MP James Nyikal, while speaking on the distinct mandate of the two Houses, said that a lack of delimitation of mandates between the National Assembly and the Senate was the major cause of conflict.
“Sometimes it is not that there is competition between the two Houses, it is because we do not have a delimitation of mandates. The question of the Upper House and the Lower House does not exist in our Constitution,” Nyikal said.
The Bill, among other things, seeks to provide avenues for the implementation of Alternative Dispute Resolution (ADR) mechanisms for the two Houses.
“Where a dispute arises between the Houses relating to the discharge of their respective functions, the Houses shall use alternative forms of dispute resolution in seeking to resolve the dispute and shall before seeking redress in court on any dispute relating to the discharge of their respective functions, first exhaust the alternative dispute resolution mechanisms,” reads Clause 20 of the Bill.
- Kenya and US to enhance collaborations on Parliamentary affairs
- State officers barred from presenting new evidence in audits
- Parliament to consider IEBC Bill in line with Supreme Court ruling
Kitui Central MP Makali Muli emphasised the need to resolve disagreements between the two Houses internally before resorting to litigation.
“When the Senate takes the National Assembly to court, the Parliamentary Service Commission (PSC) pays both sets of lawyers. The law is clear in that the National Assembly originates money Bills. The idea of having joint sponsorship of the Bills is working towards curing that,” said Mulu.
To improve communication and cooperation between the National Assembly and the Senate, the Houses of Parliament (Bicameral Relations) Bill, 2023 provides for a framework for determining the nature of a Bill, establishing clear timelines for publication of Bills and Acts, and outlines a process for resolving disagreements through joint committees, mediation and alternative dispute resolution.
The Houses of Parliament (Bicameral Relations) Bill, 2023 is currently at the Second Reading Stage.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
