August 1, 2013 By Joseph Ndunda The Supreme Court has today drawn the battle lines for supremacy war pitting the Senate Assembly against the National Assembly over legislation of Bills concerning County Governments’ funds. The Supreme Court held a Pretrial Conference today for the petition in which the Senate is seeking its (Supreme Court) opinion and interpretation on a number of constitutional articles and clauses on devolution and division of national revenue and set the hearing for 20th of this month. All parties have been directed to file any additional submissions with the court’s registry within seven days from today. The senate wants the Court at the pinnacle of Kenya’s judicial system to issue an advisory opinion over the disputed Allocation of Revenues Bill which it says weighs heavily on the future of devolved governments. The Upper House has asked for explanation of “a money bill” provided for under clause (3) of Article 114 of the constitution and the difference or relationship between it and the Division of Revenue Bill provided for under article 218(1)(a) with reference to devolution. Article 114 (3) contains provisions dealing with taxes, the imposition of charges on public fund and the variation or repeal of any of those charges; the appropriation, receipt, custody, investment or issue of public money. It also outlines guidelines for raising or guaranteeing of any loan or its payment; and matters incidental to any of those matters. The article is limited to matters only listed in its definition of “a Money Bill” in clause (3). Article 218 (1) (a) says that at least two months before the end of each financial year, there shall be introduced in parliament a division of Revenue Bill, which shall divide revenue raised by the national government among the national and county levels of government in accordance with the constitution. The row was elicited by National Assembly’s move to throw out the amendments on the Division of Revenue Bill in May. The SA had proposed increase of county budgets from 210 to 258 but when the Senate Speaker Ekwee Ethuro returned the Bill to his National Assembly counterpart, Muturi, referred it to president for assent in its original form ignoring the Senators’ input. The Senators have requested the court to state whether the move by MPs was unconstitutional and what actions and the timeframe, the parliament should take to remedy the unconstitutionality and regularize the budgetary process as per chapter 12 of the constitution. The bicameral house members have locked horns from mid June after the national assembly rejected the Senate’s amendment on the bill saying the Senate has no mandate over the money bill and was dwelling on matters outside its jurisdiction. The Senators made certain adjustments to the Bill raising the funds set aside for County Governments from 210 Billion to 258 Billion before returning it to the National Assembly Speaker Justin Muturi who referred it to the president for assent in its original form as earlier passed by the Members of the august house rejecting the Senate’s input.Muturi ruled that his House has exclusive mandate to allocate funds to both National and County governments. The upper house faulted the action by the National Assembly to ignore its (Senate’s) amendments on the bill on the Division of Revenue Bill, 2013 and resolving to forward it to the president for assent without reference to the mediation process, which they have argued is a breach of constitution. The Senators across rival coalitions have united in push for the allocation of sufficient funds for the county governments which are mandated to spearhead economic growth and transformation aimed at taking services closer to the people led by Elgeyo marakwet Senator Kipchumba Murkomen. The custodians of the devolution accuse the Speaker of the National Assembly Justin Muturi of violating the law by not following the procedure that demands for consultations amongst the two Houses and have expressed fears that the stalemate could disrupt their operations. The constitution requires that when a Bill concerning counties is passed by one House, the Speaker of that House should send it to his counterpart. If when the Bill is passed by both Houses, the speaker of the House that initiated it is supposed to refer it to the president within seven days for assent. Senators now argue that Muturi has violated Article 110(3) of the constitution. “Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning Countiesand, if it is, whether it is a special or an ordinary Bill,” states Article 110(3). Tabling of two Bills, the contentious Marriage Bill and the and the Election Campaign Bill in in the National Assembly, which went through the usualfirst reading three weeks ago without consulting the Senate Assembly Speaker as required in the constitution and Standing Order has continued to fan the animosity between the the twin houses. The latest Bills now join eight others that the Senators argue were introduced without the consultations between the two Houses. On Monday, Deputy President Ruto met Jubilee Governors at his Karen residence to discuss matters devolution seek to end the devolution stalemate and ensure that the devolution works.
Posted on: Thu, 01 Aug 2013 11:28:53 +0000
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