Senators have threatened to shoot down a bid by the National Assembly to entrench the National Government-Constituency Development Fund (NG-CDF) in the constitution if the House does not increase allocation to a proposed Senate Oversight Fund (SOF).
The senators said they were not involved in the process of coming up with the SOF allocation.
Consequently, the lawmakers said that unless they are involved in the process, then they will not be party to ongoing bid to entrench the NG-CDF into the constitution after it was declared illegal by the courts.
Matungulu MP Stephen Mule and his Gichugu counterpart Gichimu Githinji have proposed that 0.001 per cent of revenue raised by the national government should go to SOF. For the NG-CDF, the proposal is to have the allocation doubled from the current 2.5 percent 5 percent.
The parliamentary initiative also wants the National Government Affirmative Action Fund (NGAAF) to be pegged at 0.25 per cent of the national revenue.
Nairobi Senator Edwin Sifuna said there is no way they are going to allow the National Assembly to unilaterally dictate the SOF amount.
“The proposal is absolutely contemptuous. The Senate certainly wasn’t consulted and we wonder how that figure was arrived at. We in the Senate will not support that amendment until and unless we are fully involved. We feel insulted,” he said.
Kitui Senator Enock Wambua called on the Senate to push for the withdrawal of the proposed constitutional amendment Bill to allow for a joint working group with equal representation from both Houses.
“If there is this one thing that senators must never allow, it is a situation where the National Assembly sits and allocates anything to the Senate,” he said.
The debate over the allocation was triggered by Nyamira Senator Okong’o Omogeni who complained that the National Assembly was dictating matters for the Senate.
He questioned how Mr Mule and Mr Githinji arrived at the smaller figure for SOF yet senators have a bigger jurisdiction.
“In a proper approach, there should have been a discussion between these two Houses to agree what percentage should be given to the Senate and what percent should be given to the National Assembly,” said Mr Omogeni.
Taita-Taveta Senator Johnes Mwaruma said senators had proposed that they be given Sh500,000 every month towards oversight and so it will be a problem should the proposal fall below the same.
“We need to be told what that 0.001 per cent is in total because we want to argue from the point of amounts. Let the Bill come then we go through it and change it if need be,” said Mr Mwaruma.
Busia Senator Okiya Omtatah rubbished the initiative, saying the Bill will not see the light of day as it will be declared unconstitutional by the courts. He argued that legislators should only get oversight funds and not for development.
“The issue of NG-CDF is outdated with the new constitutional dispensation. The work of legislators is oversight and should be given an oversight fund to facilitate them in their duties. CDF cannot work,” said Mr Omtatah.
The Supreme Court in August ruled that NG-CDF is illegal and unconstitutional as it offends the constitutional principle of separation of powers.
