Members of the National Assembly and Senators will hold joint committee sittings while investigating cross-cutting issues under a new bill aimed at fostering cohesion between the two Houses of Parliament.
The Houses of Parliament (Bicameral Relations) Bill 2023, sponsored by Ainabkoi MP Samuel Chepkonga, also provides for the two Houses to hold joint public sittings while considering matters of mutual interest.
In a move aimed at ending the duplication of roles in consideration of a matter, the Bill states that the decision of the joint committee on any matter under consideration shall be deemed to be the decision of the House.
“A committee of the one House may hold a joint sitting with the corresponding committee of the other House to deliberate on matters of mutual interest and concern,” reads the Bill.
Under the proposed legislation, both Houses, guided by their Standing Orders, will establish common rules for the conduct of joint committee meetings.
In the past, both Houses have been accused of wasting taxpayers' money by conducting investigations into the same thing at the same time, or one House picking up an issue that has already been investigated and starting a new investigation.
Currently, both the Senate and National Assembly Committees on Energy are conducting separate investigations into the high cost of electricity in the country.
At the same time, the Senate Committee on ICT and its counterpart in the National Assembly are also conducting investigations into the Worldcoin saga .
In the 12th Parliament, both the National Assembly Committee on Health and the Senate conducted investigations into the Sh7.8 billion Kenya Medical Services (Kemsa) scandal, popularly known as the Covid millionaires scandal.
Despite wasting taxpayers' money in luxurious hotels to meet witnesses and write their reports, the two Houses sometimes end up with conflicting reports, making it difficult for the investigating agencies to know which to implement.
The proposed legislation, if passed and enacted into law, seeks to cure this clash that has always led to sibling rivalry between the two Houses as it seeks to provide a seamless framework for conducting various matters of a bicameral nature.
The bill also provides for co-sponsorship of bills by members of the National Assembly and the Senate, which is expected to greatly enhance cooperation between the two chambers in the enactment of laws.
It is expected that the provisions on the conduct of joint proceedings will promote consultation and cooperation between the two Houses of Parliament and enhance democratic governance.
With regard to the conduct of public participation in a bill, the Bill provides that the two Houses shall conduct a joint public consultation or shall involve only those stakeholders who have not been invited by the first House.
“In considering a Bill or a matter on which a committee of the House of Parliament has conducted public participation, a committee of the second House may elect not to undertake a similar exercise and rely on the findings of the committee of the first House,” reads the Bill.
In order to avoid duplication, the second House conducting public participation shall only consider the views of persons or interest groups whose submissions have not been considered by the first House.
Article 118 of the Constitution requires Parliament to facilitate public participation and involvement.
However, the process has often been characterised by duplication of effort and waste of public resources, as each House is required to conduct public participation on each bill, even though the bill has been subject to the same process in the other House.
According to the Bill, a committee of the second House may also choose to rely on the findings of the committee of the first House or to seek additional views only on substantive amendments to the Bill.
