In Summary
  • President Uhuru Kenyatta signed the bill into law on Monday in the presence of leaders including Mr Murkomen, the Senator of Elgeyo Marakwet County.
  • Regarding his presence at State House during the signing, Mr Murkomen claimed he had been invited to witness the assenting of the Assumption of the Office of County Governor Bill.
  • He said he realised too late that Mr Duale was also present "on behalf of the National Assembly to witness the signing of some Health Laws (Amendment) Bill".
  • Mr Duale termed as "worrying", claims by Mr Murkomen that the law cannot be applied anywhere because it did not “go through the required mechanism of passing a law”.

National Assembly majority leader Aden Duale has told off his Senate counterpart Kipchumba Murkomen for saying the Health Laws (Amendment) Bill was passed in an unprocedural manner.

President Uhuru Kenyatta signed the bill into law on Monday in the presence of leaders including Mr Murkomen, the Senator of Elgeyo Marakwet County.

Via Twitter on Tuesday afternoon, however, Mr Murkomen claimed the Senate was not involved so the process was not in line with procedure.

Regarding his presence at State House during the signing, Mr Murkomen claimed he had been invited to witness the assenting of the Assumption of the Office of County Governor Bill.

He said he realised too late that Mr Duale was also present "on behalf of the National Assembly to witness the signing of some Health Laws (Amendment) Bill".

Mr Murkomen accused Mr Duale of misleading the President into approving a bill that he insisted had not gone through the Senate.

'FALSEHOODS'

It did not take Mr Duale long to call out Mr Murkomen “for shaming falsehoods” and remind him that his behaviour is “pure hypocrisy, which requires to be treated with the contempt it deserves.”

“To my utter shock the leader of the majority party of the Senate has been reported arguing that the Act was passed unprocedurally as it was never considered by the Senate as required by the Constitution,” Mr Duale, the Garissa Township MP,  said.

He continued, “Never mind that yesterday the media was awash with pictures of Senator Murkomen standing next to the President assenting to the same bill he is now challenging.”

Mr Duale termed as "worrying", claims by Mr Murkomen that the law cannot be applied anywhere because it did not “go through the required mechanism of passing a law”.

While noting the senator is an advocate of the High Court, he further questioned his fidelity to article 103 (3) of the Constitution, which says that only the two Speakers of Parliament can resolve the question of the nature of a bill.

“That Senator Murkomen does not know this is not only [being] economical with truth but also [being] generous with falsehoods. It is even sad that he does not seem to remember, or rather is faking amnesia on, the requirements of Article 110 (3) of the Constitution,” Mr Duale said.

MURKOMEN'S VIEW

But according to Mr Murkomen, health is a devolved function so any alteration of existing legal institutions cannot go without the concurrence of the Senate.

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