By TWV Team
In a significant push to enhance its legislative authority, Kenya’s Senate has drafted a constitutional amendment bill to strengthen its role in national governance. Led by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, the bill aims to grant the Senate greater influence over the national budget and the vetting of state officers.
The Senate has long expressed frustration over its marginalization by the National Assembly, particularly regarding “money bills”, legislation concerning taxation, public expenditure, or borrowing. Currently, the Senate is excluded from these financial deliberations, limiting its role to reviewing other types of legislation. The proposed amendment seeks to address this by empowering the Senate to approve or reject the national budget, transforming it into a “true upper house” akin to the United States Senate, with veto powers over major financial decisions.
A source close to the drafting process emphasized, “The Senate’s limited role in budget-making is deeply frustrating. We want to shape the nation’s fiscal policy alongside the National Assembly.”
Beyond budget oversight, the bill proposes expanding the Senate’s authority to vet state officers, including Cabinet Secretaries, to enhance checks and balances within the executive branch.
The proposal has gained traction following opposition leader Raila Odinga’s endorsement of reforms to empower the Senate. After meeting with senators, Odinga advocated for a Senate modelled after the U.S. system, with robust powers and responsibilities.
Concurrently, the National Dialogue Committee (NADCO), co-chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wa, has proposed broader governance reforms. These include establishing a Prime Minister’s position, two Deputy Prime Ministers, and a Leader of the Official Opposition. NADCO also recommends entrenching key funds in the Constitution, such as the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF), to support gender-responsive initiatives and strengthen the Senate’s oversight role.
The Senate’s draft bill, finalized by legal experts led by Hillary Sigei (Bomet), has been sent to the government printer for publication. Details remain confidential to avoid jeopardizing the process.
If passed, the amendment would require a national referendum under Article 255 of the Constitution, as it affects core elements like government structure and sovereignty. This debate marks a pivotal moment in Kenya’s political landscape, as the Senate seeks to redefine its role, long overshadowed by the National Assembly.
The outcome of this legislative effort will hinge on the National Assembly’s approval. If successful, the amendment could reshape the balance of power between Kenya’s two houses of Parliament, granting the Senate a stronger voice in shaping the nation’s future.
