The National Assembly yesterday, Wednesday, March 21, 2024 debated a Bill that seeks to improve relations between the National Assembly and the Senate. 

The Houses of Parliament (Bicameral Relations) Bill, 2023, sponsored by Hon. Samuel Chepkonga (Ainabkoi)  seeks to foster bicameral relations by prescribing procedures for ensuring seamless consideration of the legislative business of both Houses.

Members highlighted instances of duplicated summonses issued by both Houses to Cabinet Secretaries and a lack of clarity on mandates of the two Houses. 

Hon. Tindi Mwale (Butere) pointed out these challenges saying that a number of times confusion has arisen over the roles of the National Assembly and that of the Senate. 

"We often have confusion on the distinct roles of the two Houses. This Bill can guide how Committees in both Houses will conduct business particularly oversight," Hon. Mwale said. 

While speaking on the distinct mandate of the two Houses,Hon. (Dr.) James Nyikali (Seme) said that sometimes it is not that there is competition between the two Houses, it is because we do not have a delimitation of mandates. The question of the Upper House and the Lower House does not exist in our Constitution. 

A key aspect of the Bill is the implementation of Alternative Dispute Resolution (ADR) mechanisms. Clause 20 of the Bill in part reads, " where a dispute arises between the Houses relating to the discharge of their respective functions, the Houses shall use alternative forms of dispute resolution in seeking to resolve the dispute and shall before seeking redress in court on any dispute relating to the discharge of their respective functions, first exhaust the alternative dispute resolution mechanisms."

Hon.(Dr.)  Makali Muli ( Kitui Central) emphasized the need to resolve  disagreements between the two Houses internally before resorting to litigation.

"When the Senate takes the National Assembly to court, the Parliamentary Service Commission (PSC) pays both sets of lawyers. The law is clear in that the National Assembly originates money Bills. The idea of having joint sponsorship of the Bills is working towards curing that," Hon. (Dr.) Mulu. 

 Hon. David Ochieng' (Ugenya) who spoke on the numerous court cases, said in the 200 years of  existence of the US Congress and the Senate have never taken each other to court. He noted that the same is not the case with our Parliament where  we are constantly in Court. 

"We need a way to resolve matters between the two Houses without involving a third party. Oftentimes the National Assembly guides the Senate on rules and procedures vice versa. This Bill will guide on how the two Houses will relate," Hon. Ochieng' said. 

To improve communication and cooperation between the National Assembly and the Senate, the Houses of Parliament (Bicameral Relations) Bill, 2023 provides for a framework for determining the nature of a Bill, establishing clear timelines for publication of Bills and Acts, and outlines a process for resolving disagreements through joint committees, mediation and alternative dispute resolution.

The Houses of Parliament (Bicameral Relations) Bill, 2023 is currently at the Second Reading Stage.