Public backs Senate bid to expand oversight role

Senators during Senate Mashinani sitting in Busia County Assembly, on October 7, 2025. [Elvis Ogina, Standard] The Senate's quest to increase its oversight powers has begun, with members of the public supporting a proposal that the Senate be acknowledged as the Upper House. The Senate Justice and Legal Affairs Committee commenced public participation on the Constitution of Kenya (Amendment) Senate Bill No. 13 of 2025 in Busia County, where a cross-section of residents backed the Senate's involvement in the vetting of State officers as well as participation in the budget-making process. They praised the establishment of the County Assembly Fund, saying financial autonomy would enable Members of County Assembly (MCAs) to effectively oversee the county executive. Godfrey Odongo from Nambale said the vetting of State officers should be conducted by relevant joint committees of both Houses. Edgar Ouma from Samia said he supported the Senate originating bills and expanding the roles of Senators. He added that the Senate should be the Upper House of Parliament as intended, noting that its involvement in the vetting of State officers would prevent manipulation of the process. "We are in agreement that both the Senate and the National Assembly should be involved in money bills as well as the vetting of State officers to prevent monopoly by the National Assembly and curb corruption in the entire exercise," said Caxton Obatsa, a university student. The Busia public forum is the first public participation on the Bill, co-sponsored by Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo. It was read for the first time before the House on August 7, 2025, before being committed to the Senate Justice and Legal Affairs Committee. It is due for a second reading on November 6, 2025. The Bill proposes several changes to the Constitution that will expand Senators' legislative and oversight roles. However, the push has generated varied opinions among stakeholders, with some arguing that the far-reaching changes may raise constitutional and legal questions. The Bill seeks to give the Senate authority to approve the national budget, vet constitutional office holders, and veto decisions made by the National Assembly. Currently, the Senate's role is limited to county matters, leading many to view the House as not exercising its powers effectively. The Bill, co-sponsored by Cheruiyot and Madzayo, proposes granting the Senate power to originate any piece of legislation and to participate in approving, vetting, and removing various State officers from office-functions currently reserved for the National Assembly. Cheruiyot said the proposed changes would significantly strengthen the Senate's role to be similar to that of the United States Senate and reshape Kenya's legislative framework. He added that expanding the Senate's role in budget-making would ensure both Houses play an effective part in the process. Vetting and approval of State officers, including Cabinet Secretaries, Principal Secretaries, and Ambassadors, is currently the preserve of the National Assembly, except in limited cases such as the vetting of the Inspector-General of Police and the Central Bank of Kenya Governor, where both Houses participate. "The Bill also seeks to amend Article 115 of the Constitution to provide for the joint submission of a Bill passed by Parliament by the Speakers of both Houses to the President for assent, which is currently not the case," said Cheruiyot. Madzayo said the Bill also proposes to amend Article 109 of the Constitution to allow the origination of any Bill in either House of Parliament, except for a Bill on raising national revenue, which may only originate in the National Assembly. The Kilifi Senator argued that the Bill, if passed, would grant both Houses equal powers to initiate legislation-either through individual members or committees-enabling the Senate to play a more proactive legislative role. "We are proposing that the Allocation Bills could start in the Senate, while Appropriation Bills could begin in the National Assembly, with both being subject to amendment and potential veto by the originating House," said Madzayo. Cheruiyot noted that the Constitution currently bars the Senate from handling money bills-legislation that primarily deals with financial matters such as taxation, public expenditure, or borrowing. Under the existing framework, only the National Assembly can introduce and process money bills. "By removing obstacles to the introduction of Bills, the Constitution of Kenya (Amendment) Senate Bill No. 13 of 2025 supports diversity and improves the legislative mandate of both Houses," said Cheruiyot. However, the legislative proposal has drawn varying opinions. The County Assemblies Forum (CAF), an umbrella body of MCAs, through its Chairperson Seth Kamanza, argued that the proposal to expand the Senate's oversight to include revenue collected at the county level threatens to encroach on the functions of county assemblies. Kamanza also noted that removing the Speaker's concurrence mechanism under Article 110 and expanding bicameral veto powers may inadvertently heighten the risk of legislative deadlock. He called for caution and the development of complementary dispute-resolution mechanisms to safeguard legislative continuity. "If we are not careful, without healthy cooperation and political goodwill, these changes could paralyse the law-making process, particularly during contentious budget cycles, and undermine the efficient functioning of Parliament," said Kamanza. Law Society of Kenya (LSK) President Faith Odhiambo said the proposals in the Bill would end recurring inter-cameral conflicts between the two Houses of Parliament and foster a more balanced, accountable, and functional system of governance. Odhiambo said the amendments would remove restrictions limiting the Senate to county-related Bills, allowing most Bills to originate in either House, thereby promoting a more balanced legislative process. She called for the Bill's support by all Kenyans. "Empowering the Senate to play a direct role in the budget-making process, particularly in relation to revenue allocation, will be critical in enhancing counties' fiscal autonomy and ensuring equitable development," said Odhiambo. The LSK Chairperson said the proposed amendments, if enacted, have the potential to resolve long-standing jurisdictional disputes between the two Houses, enhance legislative efficiency, and bolster the principles of devolution. Odhiambo, however, cautioned that the Bill should provide a clear and exhaustive definition of what constitutes special interest. She warned that using a supermajority veto to resolve disagreements could lead to legislative gridlock on critical financial Bills. "There is need for a mandatory mediation process to provide a structured platform for the Senate and National Assembly to negotiate and find common ground, reducing the likelihood of a stalemate that could paralyse government operations," said Odhiambo. Commission on Revenue Allocation (CRA) Chief Executive Officer Roble Nuno said the Commission is opposed to the proposed changes, arguing that the status quo should be maintained to avoid duplication between the Senate and National Assembly. Nuno said the CRA believes that some amendments assigning the responsibility of approving or vetting various State officers to both Houses should be deleted to avoid unnecessary bureaucracy. "This Bill generally expands the mandate of the Senate in legislation, oversight, and the appointment of State officers. However, in some instances, it may create bureaucracy and duplication of roles between the two Houses of Parliament," said Nuno. The Institute of Economic Affairs (IEA-Kenya), in its submission, argued that while the Bill addresses genuine ambiguities in the current constitutional framework, it introduces new risks that should be carefully considered. IEA-Kenya said the similarity in the roles of the National Assembly and the Senate may heighten the likelihood of legislative stalemates, and that the creation of additional funds and overlapping oversight mandates may weaken institutional independence and escalate administrative costs. The Institute added that while the proposed approach to amend Article 110 of the Constitution to remove the Speaker's concurrence may ease past conflicts, the absence of a solid mediation mechanism risks leaving county interests unprotected and exposing devolution to unchecked dominance by the National Assembly. "Retain Article 110 but amend it to eliminate past ambiguities rather than repealing it. A revised Article should provide a clear, binding definition of county-related Bills and establish a transparent dispute-resolution process between the two Speakers or through a joint parliamentary mechanism," said the Institute.

Public backs Senate bid to expand oversight role

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