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Speaker Justin Muturi (right) and Majority Leader Amos Kimunya (left) during a retreat for MPs at a Nairobi hotel on August 25, 2020.

Kenya

Kimunya Roots for Bill co-sponsorship to mitigate rivalry between Senate and NA

NAIROBI, Kenya Aug 26 – National Assembly Leader of Majority Amos Kimunya has proposed that the bicameral House of Parliament should explore the idea of co-sponsorship of Bill’s as a means to negating rivalry always witnessed between the two Houses.

Speaking during the third session of the National Assembly Retreat in Nairobi, Kimunya noted that while the Senate has continued to channel money Bill’s contrary to the Constitution, there was need to find solutions to end the revenue impasse that has continued to kill progressive legislative proposals from the Senate, die naturally when transmitted to the National Assembly for consideration due to violation of the Constitution.

“The unfortunate outcome calls us to think of ways we can negate sibling rivalry and find solutions. In the end what counts to Wanjiku is not what we did or Senate did; they know us as Parliament and thus we should learn to work together”, he submitted.

He noted that there was a need to maneuver the intricacies that come with the manner in which Article 109 (5) of the Constitution on exercise of the legislative powers is couched so that in the end, both Houses can execute their legislative roles effectively.

“Additionally, we must not forget that in the end what matters is not from whom the legislative solution came from but what it achieves in terms of resolving issues of concern to the people”, read a section of his statement.

He emphasized that the concept of co-sponsorship is not novel in the Parliamentary parlance as is in the US Congress, co-sponsorship of Bills is applied between the House of Representatives and the Senate helping to push legislation through the Houses with ease and in a manner that avoids rivalry.

In executing this proposal, he proposed that the Senate Bills would be allowed to proceed to the Second Reading subject to the provisions in the Bills that have money Bill effect in terms of Article 114 of the Constitution being expunged. The co-sponsor of the Bill in the National Assembly would then pick the expunged money Bill provisions and thereafter, introduce them at the Committee of the Whole House as Committee stage amendments.

With regard to unpublished Senate Bills, he urged that the two Speakers agree to issue guidelines in both Houses for co-sponsorship of Bills.

He also suggested that in the case of National Assembly Bills, Members should nominate co-sponsors in the Senate with respect to all proposals including government and Committee Bills. 

This, he believes, would create a legislative process that allows the original sponsor of the Bill together with the co-sponsor to share information on the objects of the Bill, and marshall for its support in the respective Houses.

Kimunya also called on the Justice and Legal Affairs Committee to fast-track the consideration of the Mediation Bill that is currently before the Committee with a view to progressively enact an alternative dispute resolution mechanism and to avoid litigation between the two Houses.

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