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Senate turns down call by MPs to shelve court route

by Mustafa Juma

The senate has turned down a call by MPs to shelve plans to sue the National Assembly over 18 pieces of legislation that were enacted without the input of the Senate.

National Assembly Speaker Justin Muturi on Wednesday wrote to his Senate counterpart Kenneth Lusaka, asking the House to put on hold its plans.

“In accordance with the provisions of the National Assembly Standing Orders, I hereby implore the Senate to consider, as a first instance, alternative mechanisms of resolving any dispute that may, from time to time, arise between the two Houses of Parliament,” Muturi said.

Lusaka conveyed Muturi’s message to the House on Wednesday.

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But Senators rejected Muturi’s call prompting Lusaka to refer the matter to the Justice and Legal Affairs Committee chaired Nandi’s Samson Cherargei. 

Senate Majority leader Kipchumba Murkomen and his Minority counterpart James Orengo said they will move to court next week to seek an interpretation of the Constitution on the roles of the Senate.

“If the Constitution requires us to defend the responsibility and the work of the Senate, we will do that, even if it means going to court or any institution,” Murkomen said.

Orengo said Muturi’s letter was a justification that the leadership of the National Assembly was aware the House was violating the Constitution.

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“This letter is good evidence to attach to an affidavit to show the National Assembly was not following the law,” Orengo said.

The Siaya senator said, “Come next week, this matter will be in a different forum and it will be decided. One day, it will dawn on the National Assembly there is something called the Constitution.” 

Senators last week resolved to sue Muturi for “ignoring them when passing laws.”

They said MPs failed to seek their concurrence in passing laws and 83 other bills that are currently before the National Assembly. 

“This process is very important for the Constitution. It has nothing to do with the competition of the Senate and the National Assembly,” Murkomen said. 

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