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Kenyans are largely in favour of proposed constitutional amendments that would significantly expand the Senate's legislative and oversight mandate, potentially reshaping the balance of power within the country's bicameral Parliament.
The Kenyan Senate is pushing for an expanded role in national governance, a move that has garnered substantial public support during ongoing public participation forums. The Constitution of Kenya (Amendment) Bill, 2025, co-sponsored by Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo, seeks to elevate the Senate's authority beyond its current focus on county matters.
The proposed legislation aims to grant the Senate powers to approve the national budget, vet constitutional office holders, and even veto decisions made by the National Assembly. This initiative could fundamentally alter the legislative framework, drawing parallels to the robust bicameral systems seen in other democracies, such as the United States Senate.
Established by Kenya's 1963 Constitution, the Senate was abolished in 1966 before being re-established by Article 93 of the 2010 Constitution. Currently, the Senate's primary role is to represent counties, protect their interests, and participate in law-making concerning county matters. It also determines the allocation of national revenue among counties and exercises oversight over these funds.
However, many perceive the Senate's current mandate as limited, with its influence largely confined to county affairs, leaving national policy and budget-making predominantly to the National Assembly. This has often led to an perception of the Senate as an underutilised institution.
The Constitution of Kenya (Amendment) Bill, 2025, proposes several far-reaching changes. These include allowing the Senate to originate any piece of legislation (except money bills, which would remain with the National Assembly), participate in approving the national budget, and jointly vet and approve various State officers. The Bill also advocates for the creation of a County Assembly Fund, aiming to grant financial autonomy to County Assemblies and reduce their dependence on county executives.
Public participation sessions, which commenced in Busia County on Monday, October 6, 2025, have shown strong support for these proposals. Residents have expressed that expanding the Senate's role in vetting State officers and participating in the budget-making process would enhance accountability and curb corruption.
The Law Society of Kenya (LSK), through its President Faith Odhiambo, has also endorsed the Bill, stating that it could resolve long-standing jurisdictional disputes between the two Houses and foster a more balanced and accountable governance system. Odhiambo specifically highlighted that empowering the Senate in budget-making would enhance fiscal autonomy for counties and promote equitable development.
However, the proposed changes have also drawn criticism. The Commission on Revenue Allocation (CRA) has warned that expanding the Senate's role could lead to duplication of roles and unnecessary bureaucracy. Similarly, the County Assemblies Forum (CAF), through its Chairperson Seth Kamanza, has expressed concerns that extending Senate oversight to county revenues could infringe on the constitutional roles of county assemblies.
While proponents argue that the Bill will strengthen devolution and enhance accountability, critics caution that the far-reaching changes could raise constitutional and legal questions. There are concerns that broader Senate involvement could slow down bill passage if coordination with the National Assembly is not seamless. The rebalancing of power may also intensify inter-house rivalries, with the success of the Bill depending heavily on political will and consensus.
It remains uncertain whether the National Assembly will accept the proposed amendments without significant negotiation or pushback. The operationalisation of the expanded oversight, including specific mechanisms and staffing, is yet to be clearly defined. The Bill's potential budgetary implications, particularly the creation of the County Assembly Fund and expanded oversight, may also face resistance from the executive or county governments.
The Senate Justice and Legal Affairs Committee will continue its nationwide public participation forums ahead of the Bill's second reading on Thursday, November 6, 2025. The outcome of these discussions and subsequent parliamentary debates will be crucial in determining the future of the Senate's role and the broader legislative landscape in Kenya.
