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The National Assembly argues that the Senate cannot amend a bill passed by it/XINHUA-File

Kenya

Parliament’s supremacy battle starts Aug 8 in court

Ethuro also says he’s concerned that bills among them the Appropriations Bill were introduced in the National Assembly before he was consulted as per the law.

He said the legislative process as contemplated by Article 110 of the Constitution was ignored by the National Assembly and the President when he assented to it.

The Constitution at Article 110 (3) directs that: “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 counties and, if it is, whether it is a special or an ordinary Bill”.

The 8 bills include: The Microfinance (Amendment) Bill, 2013, which was read a First Time on 27 June, 2013; The Kenya Deposit Insurance (Amendment) Bill, 2013, which was read a First Time on 27 June, 2013; The Insurance (Amendment) Bill, 2013, which was read a First Time on 27June, 2013; The Insurance (Motor Vehicle Third Party Risks) (Amendment) Bill, 2013, which was read a First Time on 27 June, 2013; The Tax Appeals Tribunal Bill, 2013, which was read a First Time on 27 June, 2013;

The Capital Markets (Amendment) Bill, 2013, which was read a First Time on 27 June, 2013; The Supplementary Appropriation Bill (No.2), 2013, which was read a First Time on 25 June, 2013; and The Appropriation Bill, 2013, which was read a First Time on 26 June, 2013.

Muturi clarified that the said Bills introduced before the House all fall within the jurisdiction of the national government.

Muturi explained that a bill concerning county governments is one affecting the functions and powers of county governments, one relating to election of members of the county assembly or one affecting finances of county governments.

Senators took the matter to court as their input into the bill was ignored by the National Assembly and the President who signed it into law.

The senators had increased the budget from Sh210 billion to Sh258 billion to provide more money for the county governments.

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They are accusing the National Assembly of “unilaterally and quite contemptuously ignoring” the recommendations of the Senate to upscale the amount allocated to the counties by the national government from the Sh210 billion allocated earlier by the National Assembly to Sh258 billion, before sending the Bill to the President for his final approval.

The National Assembly argues that the Senate cannot amend a bill passed by it.

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