Crisis looms as Senate, MPs fail to agree on critical Bills

Parliament was Tuesday evening staring at a constitutional crisis after the National Assembly differed with the Senate over key Bills necessary to unlocking funds for the fiscal year starting July.

The two Houses were unable to agree on the Division of Revenue Bill that spells out how income will be shared between the national and county governments and the Public Audit Bill, 2015 whose deadline expires Wednesday.

A six-member mediation committee chosen by the two legislative arms failed to agree on the amount of money that should be allocated to counties. MPs were keen on capping the figure at Sh283.7 billion while their counterparts insisted on Sh291 billion for the devolved units.

Mbeere South MP Mutava Musyimi who chairs the mediation committee said “there was no deal yet.” The committee, whose deadline also expires Wednesday, will meet at mid-day for a final decision.

READ: House picks MPs to negotiate Revenue Bill with Senate team

The law requires the mediation committee to reach a deal within 30 days failure to which the Revenue Bill will collapse and new one will be needed.

During Tuesday’s sitting MPs passed the Environment Management and Coordination (Amendment) Bill, 2014, the Public Procurement and Disposal Bill, 2014 and the Fair Administration Action Bill, 2015 which will be forwarded to President Kenyatta for assent before a Wednesday midnight deadline.

The MPs however, failed to agree on the Public Audit Bill, 2015.

As a result of the stalemate, the lawmakers risk being dragged to the courts after failing to make progress in the last eight months. They had extended the deadline by nine months after failing to pass the proposed laws by the initial August 27 deadline.

Finance committee chairman Benjamin Lang’at said MPs rejected certain amendments by the Senate on the Public Audit Bill because they were unconstitutional.

“Senate is proposing that for you to be an auditor-general, the minimum education qualification should be post graduate degree,” he said. “The Constitution specifies that one should have a degree. This amendment is too elitist, too exclusionist and I will ask the House to reject this amendment.”

He said the committee also rejected an amendment by the Senate requiring that members of the auditor-general’s advisory team should pick a chairperson from among themselves. The MPs demanded the appointee be chosen by the board.

MPs also rejected the proposal by senators to have the final budget of the auditor-general submitted to Parliament saying the Constitution required public offices to submit budget proposals directly to the House.

“What if the auditor-general brings in a budget that is unrealistic? Do you mean that Parliament will pass it?” He asked.

On the Division of Revenue Bill, the Senate had increased MPs’ proposed Sh283.7 billion by Sh7.7 billion to cater for level five hospitals and emergencies.

Additionally, the senators also established a County Emergency Fund and allocated it Sh4.4 billion to help the devolved governments respond to emergencies.

Senators while defending their wish to seek additional funds for the counties said the proposals from the National Assembly were inadequate and risked paralysing the 47 counties if they were not increased.