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Post Reply: Senators Push for Expanded Powers to Strengthen Senate’s Role

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 26, 2025, 7:00 am</div><div id="pl-7241"  class="panel-layout" ><div id="pg-7241-0"  class="panel-grid panel-no-style" ><div id="pgc-7241-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7241-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">In a bold move to reshape Kenya’s parliamentary landscape, senators have introduced a transformative constitutional amendment aimed at elevating the Senate’s authority to match that of the National Assembly. The Constitution of Kenya (Amendment) Bill 2025, unveiled on July 23, 2025, seeks to grant the Senate sweeping new powers, including the ability to initiate any form of legislation, vet constitutional office holders, approve national budgets, and challenge decisions made by the National Assembly. This legislative push, led by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, is poised to redefine the balance of power between Kenya’s two parliamentary chambers, potentially marking a historic shift toward a more robust bicameral system.</p>
<p dir="ltr">The proposed bill is designed to address long-standing concerns about the Senate’s limited role in Kenya’s governance structure. Currently, the Senate is restricted to handling matters concerning county governments, with minimal influence over national policy, budget-making, or the vetting of key state officials. Critics have often described the Senate as an underutilized institution, overshadowed by the National Assembly’s dominance in legislative and financial matters. The new bill aims to change this by granting the Senate authority to propose and pass any type of legislation, except for bills raising national revenue, which will remain the National Assembly’s domain.</p>
<p dir="ltr">One of the bill’s central objectives is to bolster devolution, a cornerstone of Kenya’s 2010 Constitution. By empowering the Senate to oversee national budgets and allocation bills, such as the County Allocation of Revenue Bill and the Appropriations Bill, the legislation seeks to ensure that county governments receive adequate resources and oversight. The bill also proposes that both houses of Parliament must approve fiscal bills, with the originating house retaining veto power over amendments by a two-thirds majority. This change would give the Senate a stronger voice in financial legislation, correcting the current system where the National Assembly holds near-exclusive control over budgetary matters.</p>
<p dir="ltr">Additionally, the bill introduces provisions to enhance the Senate’s oversight role. It would allow senators to vet nominees for key state positions, such as the Auditor General, Controller of Budget, and Director of Public Prosecutions, as well as participate in the removal of these officials. The bill also seeks to involve the Senate in approving extensions of states of emergency and the deployment of the Kenya Defence Forces within the country, responsibilities currently reserved for the National Assembly. These changes aim to position the Senate as a true upper house, akin to models like the United States Senate, which enjoys equal legislative authority.</p>
<p dir="ltr">Beyond legislative and oversight powers, the bill proposes significant structural reforms to strengthen the Senate’s institutional framework. It calls for the establishment of a formal leadership structure, including a Speaker, Majority Leader, and Minority Leader, mirroring arrangements in other bicameral systems worldwide. This move is intended to enhance the Senate’s operational efficiency and visibility as a co-equal legislative body.</p>
<p dir="ltr">A key component of the bill is the creation of a County Assembly Fund, which would provide financial autonomy to county legislatures by reducing their dependence on county government allocations. Under the current system, county assemblies rely on funding from devolved governments, which can compromise their ability to oversee county executives effectively. The proposed fund would allow county assemblies to prepare and submit their own expenditure estimates, fostering greater independence and accountability at the local level.</p>
<p dir="ltr">The bill also emphasizes the Senate’s role in representing special interest groups, including women, persons with disabilities, youth, and minority communities. By expanding its mandate to advocate for these groups, the Senate aims to cement its position as a protector of marginalized populations, further aligning with the principles of inclusivity enshrined in the Constitution.</p>
<p dir="ltr">The Constitution of Kenya (Amendment) Bill 2025 is a joint initiative spearheaded by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, with contributions from a legal team led by Justice and Legal Affairs Committee chair Hillary Sigei, alongside senior counsels Okongo Omogeni and Tom Ojienda. The bill’s development reflects bipartisan support, signaling a unified push among senators to elevate their chamber’s status. Earlier this year, opposition leader Raila Odinga voiced strong support for the initiative during a meeting with senators, advocating for a Senate with powers comparable to those of the U.S. Senate.</p>
<p dir="ltr">However, the bill is likely to face resistance from the National Assembly, which has recently advanced its own constitutional amendment to entrench funds like the National Government Constituency Development Fund (NG-CDF) and the Senate Oversight Fund. The competing proposals highlight an ongoing power struggle between the two chambers, with the National Assembly keen to maintain its legislative dominance. The Senate’s push for expanded powers could trigger tensions, particularly as it challenges the National Assembly’s exclusive control over money bills and key vetting processes.</p>
<p dir="ltr">Given the scope of the proposed changes, which affect 25 articles of the Constitution, the bill’s passage would require a national referendum. Both the majority and minority parties in the Senate propose that the amendments take effect 14 days after a successful referendum, underscoring the urgency of the reforms. The referendum requirement stems from the significant alterations to Parliament’s functions, which necessitate public approval under Kenya’s constitutional framework.</p>
<p dir="ltr">Legal experts have urged caution, noting that the 2010 Constitution is still in the early stages of implementation, and a referendum could strain public resources. Nonetheless, senators argue that the amendments are critical to fulfilling the Constitution’s promise of devolution and equitable governance. Vihiga Senator Godfrey Osotsi has emphasized that the Senate will not be swayed by attempts to entrench funds like the NG-CDF, which some view as undermining devolution. Similarly, Nyamira Senator Okongo Omogeni has criticized the current parliamentary setup, arguing that it leaves the Senate overly reliant on judicial intervention to assert its authority.</p>
<p dir="ltr">If passed, the Constitution of Kenya (Amendment) Bill 2025 would fundamentally reshape Kenya’s parliamentary system, establishing the Senate as a powerful co-equal partner in law-making and governance. The proposed reforms address longstanding grievances about the Senate’s limited role while reinforcing the principles of devolution and inclusivity. However, the bill’s success hinges on navigating a complex legislative process, overcoming resistance from the National Assembly, and securing public support through a referendum.</p>
<p dir="ltr">As Kenya approaches the 2027 General Elections, the outcome of this legislative push will likely have far-reaching implications for the country’s political landscape. By seeking to transform the Senate into a robust upper house, senators are not only challenging the status quo but also redefining how power is shared and exercised in Kenya’s democracy.</p>
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