Yesterday we work up with reports of three Senators being under siege in their homes.
Cleopas Malala (Kakamega), Steve Lelengwe (Samburu) and Christopher Lang’at (Bomet) were arrested and transported to various parts of Kenya in a bid to prevent them from participating in a special house sitting by the Senate. This was to ensure that the formula for division of revenue is passed.
Many fingers were pointed at the Government of Kenya (GoK) for the arrests and some actors have told the involved senators to engage in some soul searching. This simply a call for tolerance from all arms of government.
Article 174 (f) of the Constitution of Kenya 2010 is clear on the doctrine of separation of powers as part of the objects of devolution. This means that the three arms of government: legislature, judiciary and executive should not interfere with each other and also to enhance checks and balances.
In the light of recent occurrences, the Senators cannot execute their Constitutional mandates as enshrined in Article 96 of the Constitution of Kenya 2010 which are listed below:
- The Senate represents the counties, and serves to protect the interests of counties and their governments;
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The Senate participates in the law-making function of parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113;
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The Senate determines the allocation of national revenue among counties, as provided in Article 127, and exercises oversight over national revenue allocated to the county governments;
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The Senate participates in the oversight of State Officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145;
The current arrests and transfer of senators to their home counties violates their constitutional rights to debate and approve bills concerning counties and violates the rights of the Kenyans in Bomet, Kakamega and Samburu to have their interests protected through their Senators.
The government should forthwith stop using strong-arm tactics and violating the Constitution of Kenya 2010.
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