Senators face scrutiny as quorum hitches disrupt House proceedings

Senate proceedings at Parliament Buildings, Nairobi. [File, Standard]

Senators are facing mounting scrutiny as chronic absenteeism in both plenary and Senate committee meetings raises questions about their commitment to their constitutional mandate.

The situation has been particularly critical during Wednesday morning sittings, when Cabinet secretaries (CSs) are expected to appear before the House to answer questions. These sessions have repeatedly been adjourned by Senate Speaker Amason Kingi due to a lack of quorum.

The dual challenge of both Senators and CSs failing to attend sittings is undermining the Senate’s oversight role. Question Time sessions, once seen as a key accountability mechanism, are steadily losing relevance as delays render responses outdated. “When CSs appear before the House to answer questions and we have a quorum hitch and the House adjourns, they may get another chance several months later, by which time the responses are stale and overtaken by events,” said one Senator.

CSs, Principal Secretaries, heads of state corporations and even governors have increasingly skipped Senate committee appearances. A Senate committee chairperson said the trend was unacceptable, stressing that officials are expected to account for matters affecting Kenyans.

Data indicates that since February, the Senate has adjourned at least five sittings due to insufficient numbers or absence of members scheduled to move business. “The House has even proceeded without Question Time when scheduled CSs failed to show up. Ironically, even Chief Whips, whose role is to mobilise members, have occasionally been absent,” said a Senator.

Another Senator, speaking on condition of anonymity, said Parliament cannot continue blaming the Executive when it fails to fulfil its own obligations, describing the situation as a collective failure.

In an effort to strengthen oversight, the Senate revised its Standing Orders after the 2022 General Election to introduce Wednesday morning sittings specifically for Ministerial Question Time. However, the intended reforms have not delivered the desired results.

On April 29, Speaker Kingi was forced to order the quorum bell to be rung for several minutes in an attempt to reach the minimum number required to transact business. The effort failed, and the House was adjourned. “Honourable Senators, there being no quorum in the House during this Wednesday morning sitting and having rung the bell pursuant to Standing Order No. 40(2), the Senate stands adjourned until later today,” ruled Kingi.

On that day, Labour and Social Protection CS Alfred Mutua was present and ready to respond to questions, while Mining, Blue Economy and Maritime Affairs CS Hassan Joho had sent apologies.

A similar situation occurred on March 4, when proceedings failed to commence due to a lack of quorum, despite the presence of Agriculture CS Mutahi Kagwe and Youth Affairs and Sports CS Salim Mvurya. “It is unfair for a CS to set aside other commitments to attend the Senate only to find no quorum, yet when we are absent for pressing reasons, we are reprimanded,” said a CS.

Another adjournment occurred on March 25, when the House failed to proceed due to absent Senators required to move business, despite the scheduled appearance of three CSs.

On April 1, the Senate again failed to raise the required numbers, affecting appearances by Trade CS Lee Kinyanjui, Agriculture CS Mutahi Kagwe and East African Community Cabinet Secretary Beatrice Askul.

On April 22, Cooperatives CS Wycliffe Oparanya failed to appear before the plenary. Earlier, both Oparanya and Kinyanjui had skipped committee sessions, while Joho also failed to attend a plenary sitting in mid-March. Education CS Julius Ogamba was absent on February 25.

The problem is even more pronounced in Senate committees, where detailed legislative scrutiny takes place. Meetings are frequently cancelled due to a lack of quorum, while summoned officials often ignore invitations without immediate consequences.

National Treasury CS John Mbadi has faced repeated summons by the Senate Finance and Budget Committee and threats of fines of up to Sh500,000, as well as possible censure motions. However, he has often been absent, citing urgent State duties. He has been required to appear over issues including the stalled Sh30 billion rural electrification programme and delayed pensions for retired public servants.

The Trade CS has also clashed with the Senate Trade, Industrialisation and Tourism Committee over repeated failure to honour summons since his appointment in early 2025. In March 2026, the committee formally summoned him after he skipped a session on County Aggregated Industrial Parks, citing an official trip accompanying the President to Tanzania.

Despite attendance challenges, the Senate is grappling with a heavy legislative backlog. Sixty-four Bills are pending conclusion, with 47 at the second reading stage, 16 at Committee of the Whole, and one awaiting first reading.

Additionally, 17 motions and 18 petitions remain unresolved, while 15 petitions await committee reports. A further 503 statements are still pending before the House. “We are concerned about the growing backlog. If this trend continues, we risk paralysing the legislative function of the Senate, which would be very unfortunate,” said a senior parliamentary official.