Senate Pushes for Expanded Oversight Role in New Constitutional Amendment Bill

Nairobi, Kenya — September 23, 2025, 11:00 EAT.

As Parliament resumes from its month-long recess, the Senate is making a strong push for the Constitution of Kenya (Amendment) Bill, 2025 (Senate Bill No. 13), which seeks to enhance the chamber’s oversight powers via significant constitutional changes.

The Latest

• The Senate has proposed that its mandate be expanded to cover all legislation—not just county affairs—granting it an equal say in budget making and financial oversight. 

• A key element of the Bill is the creation of a County Assembly Fund to fund county assemblies directly, thereby reducing dependence on county executives (governors) and giving assemblies more autonomy. 

• Joint vetting of key state officers (DPP, Auditor-General, Controller of Budget, among others) by both Houses of Parliament is also proposed, increasing the Senate’s role in oversight of executive appointments. 

Context in Brief

• The 2010 Constitution gave the Senate a clear mandate over devolved matters (county governments) but largely excluded it from many national legislative and budgetary processes.

• Over the years, there have been turf wars and friction between the National Assembly and Senate over overlapping roles, especially in budget allocation, oversight, and revenue legislation.

• The current Amendment Bill is being presented as one of the most significant reform proposals since the Constitution’s promulgation. 

Law, Policy, and Process

• Constitutional framework: Amending the constitution requires rigorous constitutional process: readings in both Houses, public participation, possibly referendum (depending on the nature of changes), and presidential assent. The Bill is Senate Bill No. 13 of 2025. 

• Mandate issues: If passed, the Senate would have a constitutional mandate to originate or fully engage with all legislation, participate in drafting budgets, and perform oversight over executive functions and state officers jointly with the Assembly. 

Voices and Stakeholders

• Senators: Advocates of the Bill argue these reforms will reduce duplication, clarify roles, and enhance accountability particularly at the county level. 

• Detractors / Analysts: Some warn the expanded Senate powers might create delays in lawmaking, duplication of effort, or conflict with the National Assembly unless roles are clearly defined. 

• County Assembly officials: Likely to welcome the Fund, which promises more predictable, independent financial resources.

Evidence & Data Box

• Bill name & number: Constitution of Kenya (Amendment) Bill, 2025 (Senate Bill No. 13 of 2025). 

• Major proposals: Expand Senate oversight across all legislation; County Assembly Fund; joint vetting of key state officials. 

• Public participation plan: Senators will conduct forums nationwide in all 47 counties to gather views before further stages. 

Risks and Implications

• Legislative complexity: Broader Senate involvement could slow down bill passage if coordination with the National Assembly is not smooth.

• Budgetary implications: Creation of County Assembly Fund and expanded oversight may require budget restructuring, possibly leading to resistance from executive or county governments.

• Political dynamics: A power rebalancing may intensify inter-house rivalries; success depends on political will and consensus.

What We Don’t Know Yet

• Whether the National Assembly will accept the Senate’s proposed amendments without substantial negotiation or pushback.

• How the expanded oversight will be operationalised—what mechanisms, staffing, and resources will support the new roles.

• Whether a referendum will be required for some of the constitutional changes, depending on their scope.

Timeline

• 2010: Constitution promulgated, defining Senate’s devolved role.

• Over years post-2010: Repeated tensions between Senate and National Assembly over budget, oversight, and county vs national roles.

• September 23, 2025: Parliament resumes; Senate Bill No. 13 proposed and pushed with public participation planned.

What to Watch

• The debates in Senate and National Assembly on the Amendment Bill.

• Responses from governors, county assemblies, and other stakeholders.

• Whether public views collected in counties shift the content of the Bill.

• Possible legal challenges to parts of the Bill, especially those touching on budget allocation or legislative powers.

Editor’s Note:

This article is based on statements by Senators, published versions of Bill No. 13 of 2025, and media coverage from Capital FM, AllAfrica, Eastleigh Voice, and parliamentary documents.