Senate, National Assembly rivalry heightens over legislative power

Senate Majority Leader Aaron Cheruiyot during a church service at AIC Kiamunyi in Rongai, Nakuru County, on January 12, 2025. [Kipsang Joseph, Standard] The ongoing rivalry between the Senate and the National Assembly has once again come to the fore, with Senators firmly rejecting the constitutional amendments being championed by their counterparts in the sister House. Senators are now drafting parallel proposals to amend the Constitution, directly challenging efforts by Members of the National Assembly, particularly moves to enshrine the National Government Constituency Development Fund (NG-CDF) into the Constitution. The National Assembly recently concluded the public participation process for the proposed Constitution of Kenya (Amendment) Bill, which also seeks to entrench the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF) in the Constitution. This process follows recommendations made by the National Dialogue Committee (Nadco), which Senators have dismissed, alleging exclusion and accusing MPs of hijacking the process to serve their own interests-mainly to legitimise the NG-CDF-while sidelining other critical matters. In response, the Senate has formed a special task force led by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo. The team, includes legal experts, such as Kisumu Senator Tom Ojienda, Nyamira Senator Okong'o Omogeni, Nairobi Senator Edwin Sifuna, and Bomet Senator Hillary Sigei. Their mandate is to formulate a strategic response to the issues raised. This action follows an informal meeting of all Senators last Thursday, chaired by Senate Speaker Amason Kingi at Parliament Buildings. During the meeting, Senators pledged not to allow MPs to undermine their authority, asserting their role as the 'Upper House'. "You have seen Members of the National Assembly touring the country under the guise of public participation, but their main aim is to push the Constituency Development Fund. Other pressing matters have been ignored, and we have been sidelined. We, therefore, reject the process," said a Senator who requested anonymity. Several Senators who spoke to The Standard expressed determination to reinforce the legislative authority of the Senate, long a source of friction between the two Houses. They accused National Assembly members of frequently rejecting Senate-proposed Bills on the grounds that they are 'money Bills', which constitutionally fall under the purview of the lower House. According to the Constitution, a money Bill is one that primarily deals with matters of taxation, public expenditure, or borrowing. The Senate is constitutionally barred from originating such Bills. Senators have raised alarm over what they see as deliberate efforts by Members of the National Assembly to weaken the Senate's legislative authority. They allege that Senate Bills are often rejected as "money Bills," only for similar proposals to resurface in the National Assembly under different sponsorship. In a bold stance, the Senators declared their willingness to forgo the proposed Senate Oversight Fund if that sacrifice would reinforce their constitutional mandate. They vowed not to let the fund become a smokescreen for self-serving agendas in the lower House. They are also seeking a review of a Supreme Court ruling from March, which upheld 21 laws passed solely by the National Assembly. The full bench-including Chief Justice Martha Koome-ruled that the laws did not require Senate input, despite the Senate's appeal for joint consideration of legislation concerning counties under Article 110(3). Since Supreme Court decisions are final, the Senate is pursuing a review rather than an appeal, citing concerns over the judgement's impact on their legislative role. Furthermore, Senators voiced discontent over the Joint Parliamentary Services and the Parliamentary Service Commission, accusing them of favouring the National Assembly in budgets and logistics. They also demanded permanent terms for long-serving contract staff, calling their treatment unfair.

Senate, National Assembly rivalry heightens over legislative power

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Senate, National Assembly rivalry heightens over legislative power

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