Support for Senate's constitutional amendment bill is warranted by Kenyans

The Senate of Kenya has proposed a significant overhaul of the Constitution of Kenya (Amendment) Bill, 2025, aimed at addressing the longstanding power imbalance between the Senate and the National Assembly.

The Bill, if passed, seeks to elevate the Senate to the status of a true upper house, moving away from its current "idle House" label. Key proposed changes include:

Shared legislative power: The Bill grants the Senate equal legislative initiative as the National Assembly, allowing bills to originate in either house.
Fiscal oversight: The Senate would gain the power to approve the national budget, with allocation bills starting in the Senate and appropriation bills starting in the National Assembly. Both chambers could amend and possibly veto the other's budget bills.
Executive oversight: The Senate would be able to vet constitutional office holders and take part in the removal of state officers, powers previously dominated by the National Assembly.
Checks and balances: The Senate would gain the ability to veto decisions of the National Assembly, increasing its check-and-balance role.
Formal leadership structure: The Bill introduces a formal leadership structure in the Senate, including roles such as Speaker, Majority Leader, and Minority Leader, to strengthen its institutional capacity.
County Assembly Fund: The Bill proposes to create a County Assembly Fund to grant members of county assemblies financial autonomy, further supporting the principle of devolution.

These changes are designed to enhance the Senate's role as an upper house, ensure stronger checks and balances within Kenya’s Parliament, and deepen devolution by empowering the Senate and county assemblies.

The Bill has bipartisan support in the Senate and has invited public participation across all counties, reflecting its national importance and intent to reform Kenya’s parliamentary architecture. If adopted, the amendments would require a referendum and would transform the Senate’s role substantially.

In summary, the Bill proposes to:

| Proposed Change | Intended Impact on Power Balance | |----------------------------------------------|-------------------------------------------------------------------| | Legislative authority for bills in either house | Senate gains equal legislative initiative as the National Assembly | | Senate approval of the national budget | Senate gains key fiscal oversight powers | | Vetting and removal of constitutional officers | Senate shares executive oversight with the National Assembly | | Senate veto powers over National Assembly decisions | Senate gains stronger check on National Assembly | | Formal Senate leadership structure | Improved Senate institutional capacity and leadership | | County Assembly Fund to financial autonomy | Reinforces devolution and county-level power |

These reforms are a step towards addressing the power imbalance between the Senate and the National Assembly, aiming to secure greater devolution and democratic oversight at both the national and county levels. The successful mobilization of the two-thirds magic number in the National Assembly was necessary to pass the Constitution of Kenya Amendment Bill, 2025.

Tensions between the Senate and the National Assembly have been ongoing since 2013, with disputes playing out in various spaces and platforms, including the Judiciary and within Parliament itself. The passage of this Bill would require a referendum, and hitherto muted voices on this issue should be unmuted and amplified.

Mr Ogutu, a political commentator, has noted that these amendments are crucial for the restoration of the legislative sanctity of Parliament. The successful passage of the Bill is critical for the Senate's quest for the passage of the Constitution of Kenya Amendment Bill, 2025. The Bill aims to prevent the County Assembly Fund from becoming a CDF-like entity, and the National Assembly has already passed the Bill with the aim of entrenching key Parliament-managed funds, including the National Government Constituencies Development Fund (NG-CDF).

The Senate's Bill also proposes to expand the Senate's legislative scope, granting it the power to originate any Bill except for 'Bill on raising national revenues.' The Senate has also published its own Constitution of Kenya Amendment Bill, 2025, and is preparing for its First Reading.

The County Assembly Fund is intended to free county assemblies from their current financial dependence, and the Bill aims to re-configure the power (im)balance between the Senate and the National Assembly, with a focus on addressing the current imbalance to the Senate's detriment. The Senate's Bill proposes to establish its leadership and order of precedence in the Constitution, similar to that of the National Assembly.

In conclusion, the Senate's proposed amendments to the Constitution of Kenya aim to address the power imbalance between the Senate and the National Assembly, enhancing the Senate's role as an upper house, ensuring stronger checks and balances within Kenya’s Parliament, and deepening devolution by empowering the Senate and county assemblies. The successful passage of the Bill is a significant step towards a more balanced and democratic Kenya.