Orange Democratic Movement Leader Raila Odinga has rubberstamped Senate’s effort to uphold itself as the upper house through constitutional amendments.
Odinga, who appeared in the Senate chambers during an informal in-house discussion over the fourth revenue sharing formula, insisted that the Senate must entrench its legislative authority by amending the constitution to safeguard devolution.
“Senate should play its role, just like the National Assembly has a role to play. We have countries with similar constitutional structures, and it works very well. So, let’s see our senate work like the one in USA is working and let’s give it proper powers and responsibilities,” he stated in a press briefing.
Last week, senators initiated a process to formulate parallel proposals to alter the constitution with senators vowing to oppose the constitutional amendment initiative spearheaded by members of the National Assembly.
The proposal, among other things,seeks to entrench the National Government Constituency Development Fund (NG-CDF) in the Constitution.
The Former Prime Minister opposed the quest by the National Assembly over NG-CDF saying lawmakers should not encroach on the Executive mandate through by passing the constitution.
“National Assembly and Senate form Parliament and their role is to represent, legislate and oversight and those roles are very important. The Executive uses the laws passed by Parliament to govern the country and the Judiciary interpret it, that’s the way we want it to be,” Odinga remarked.
“We still have a long way to go. Together we can succeed and together we shall succeed. We have no option,” he added.
Senators have formed a special team led by the Senate Majority and Minority Leaders, along with top legal experts in the House.
Senior Counsels Tom Ojienda (Kisumu) and Okong’o Omogeni (Nyamira), as well as Nairobi Senator Edwin Sifuna and Bomet Senator Hillary Sigei, Catherine Mumma are part of the team.
Some of the legislative proposals include giving powers to the Senate to consider all money bills which has been a thorny issue with senators decrying how their Bills are struck down in the National Assembly on grounds that they are ‘money bills’.
A money bill is a legislative proposal that primarily deals with financial matters such as taxation, public expenditure, or borrowing. Under the Constitution, the Senate is barred from considering money bills.
Vihiga Senator Godfrey Osotsi emphasized that Senators will not be hoodwinked to support the Constitutional Amendment Bill (2024) following the proposal to entrench the Senate Oversight Fund in the law threatening to quash it.
“We were talking on how devolution has been frustrated, and we have agreed as the Senate that we don’t want the Senate Oversight Fund, because it going to be used to bribe senators to pass the unconstitutional NGCDF, instead we will come with amendment to give Senate more powers,” he said.
The ODM Deputy Party Leader argued that NG-CDF is against the spirit of the constitution and any attempts to alter it must be subjected to a referendum.
“Raila Odinga has agreed he is going to stand because when you look at it NGCDF will affect how we govern this county because the constitution is very clear on this matter. If they want to pass NG-CDF they should take it through referendum not through parliamentary initiative which is a clandestine manner,” Osotsi noted.
