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Duale, Mbadi want Senate Majority and Minority posts scrapped

National Assembly Majority Leader Aden Duale and his Minority colleague John Mbadi have said they intend to write to the Speaker of the National Assembly Justin Muturi who chairs the Parliamentary Service Commission (PSC) over the issue/FILE – CFM

NAIROBI, Kenya July 5 – The leadership of the National Assembly is next week set to kick start the process of determining the constitutionality of the House leadership positions held by Senators in a bid to scrap the offices.

National Assembly Majority Leader Aden Duale and his Minority counterpart John Mbadi are keen to have the Senate offices of Majority and Minority gotten rid of on grounds that the office holders have been drawing salaries and allowances illegally since the dispensation of the new constitution.

Senators Kipchumba Murkomen (Elgeyo Marakwet) and James Orengo (Siaya) are the current holders of the offices of Majority and Minority respectively.

Duale and Mbadi have said they intend to write to the Speaker of the National Assembly Justin Muturi who chairs the Parliamentary Service Commission (PSC) over the issue.

Attorney General Kihara Kariuki and Auditor General Edward Ouko will also be copied to explain the constitutionality of the Senate positions.

The bid by Duale and Mbadi who after the March 9, 2018, handshake between President Uhuru Kenyatta and his political nemesis Raila Odinga agreed to bury the political hatchet, is the latest demonstration of cooperation between the duo who prior to the truce were each others’ fiercest critics.

“We need to be told why the PSC has created offices that are not found in the constitution. They started a war and the war must end to its conclusion,” Duale said.

His sentiments are a clear indication yet that the sibling rivalry that has dominated the murky relationship between the two Houses for eight years now over supremacy wars hinged on oversight roles is far from over.

Duale’s antagonism with Murkomen dates back in May this year when the latter claimed that the Health Laws (Amendment) Bill, 2019 was enacted into law without the Senate’s involvement, accusations that worsened the simmering tensions between the two leaders who ironically are both members of the ruling Jubilee Party.

Already, the Senate is in court challenging the legality of close to 18 laws which they claim were passed by the National Assembly without their input.

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Duale is particularly keen to have the court’s interpretation on the enforcement of Article 108 of the Constitution (2010) which sets the order of hierarchy in Parliament.

According to Duale, the hierarchy dictates that Speaker of the National Assembly comes first followed by his deputy then Majority and Minority Leaders come in last in that order.

“There needs to be a clear demarcation between the two Houses in accordance to the constitution,” he said.

Duale has maintained that MPs are not on a witch-hunting mission but rather were keen to ensure that there is no wastage of resources which is habitually witnessed in duplication of roles and an observation of total adherence to the law.

He jokingly pointed out that if the law was to go on their way and Murkomen and Orengo are stripped off their positions and asked to pay back the monies they have been receiving, he will lead a funds drive for them.

“They are our friends and colleagues and we have nothing against them. We ask them not to be bitter. No need for emotions, no need to go to court, no need for tantrums,” he said.

On Wednesday, Duale took the rivalry between the two Houses a notch higher and told Cabinet Secretaries not to honor Senate Invites which he termed to be “immaterial” or else risk being impeached.

When he appeared before the Senate Education Committee on Thursday to give a status report of the rollout of the new curriculum, Education Cabinet Secretary George Magoha made reference to the stance adopted by the National Assembly saying the questions the Senate committee asked had been addressed having been raised by National Assembly Education Committee.

Duale lauded Magoha for the bold move of reminding Senators that they were repetitive in their oversight role.

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“Magoha has set the pace,” he said.

Duale urged other Cabinet Secretaries to emulate Magoha especially when invited before Senate committees which have no mandate to interrogate issues which he described are purely the preserve of the National Assembly.

The Senate Leadership has remained adamant that they will not be intimidated and vowed to continue summoning Cabinet Secretaries and exercising other oversight role.

The High Court is yet to rule on a petition filed by the Senate seeking legal interpretation on the House’s oversight role over Cabinet Secretaries.

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