Senators propose Bill to expand powers in fresh bid to counterbalance National Assembly

Senators have unveiled a far-reaching constitutional amendment Bill aimed at transforming the Senate into a fully-fledged upper chamber with expanded authority in law-making, oversight, and national budgeting, in what could mark a major shift in Kenya’s parliamentary structure.

The Constitution of Kenya (Amendment) Bill, 2025, published on Wednesday, seeks to grant the Senate power to initiate any form of legislation, vet constitutional office holders, approve national budgets, and challenge decisions passed by the National Assembly.

It also proposes giving Senators a say in the removal of top public officials and creating a County Assembly Fund to support financial autonomy for county legislatures.

“The principal object of the Bill is to strengthen and secure devolution. The draft Bill seeks to provide a framework to achieve this purpose by reviewing the mandate of the Senate and the National Assembly,” the document states.

The proposal also includes provisions to establish a formal leadership structure within the Senate, comprising a Speaker, a Majority Leader, and a Minority Leader—similar to the arrangements in other bicameral systems across the world.

If passed, the changes would significantly empower the Senate and elevate it to a status equal to the National Assembly, echoing the structure and powers of the US Senate.

Currently, the Kenyan Senate is restricted to a narrower role and is often dismissed as an underutilised institution with minimal impact on national policy.

The amendment Bill is a joint initiative by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo.

It was crafted by a legal team led by Justice and Legal Affairs Committee chair Hillary Sigei and senior counsels Okongo Omogeni and Tom Ojienda.

It comes just months after the Senators hosted opposition leader Raila Odinga, who publicly backed the proposal.

“We would like to see our Senate work like that of the US, give it proper powers and responsibilities,” Raila said in May, drawing cheers from lawmakers present at the meeting.

The push to expand the Senate’s powers is likely to trigger fresh tension with the National Assembly, which recently passed its own constitutional amendment Bill anchoring various government funds, including the NG-CDF and the Senate Oversight Fund.

That Bill has already been forwarded to the Senate for consideration.

Senators have expressed strong objections to the National Assembly’s version, citing legal and constitutional issues around the existence of the NG-CDF.

They have threatened to reject the Bill, further fuelling the rift between the two Houses.

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The Senate’s version proposes that law-making at the national level be conducted jointly by both Houses, and that Bills be allowed to originate in either chamber.

“A Bill may be introduced by a member or committee in the National Assembly or the Senate,” the proposal states.

Among its radical changes, the Bill allows the Senate to introduce legislation on revenue distribution between the national and county governments, while allowing the National Assembly to do the same for appropriation of funds.

Each House may also propose and pass amendments to the other’s financial Bills.

“Where a receiving House amends an allocation or an appropriation Bill, the originating House may veto the amendments by a resolution supported by at least two-thirds of members,” it reads.

The Treasury Cabinet Secretary would be required to table revenue and expenditure estimates before both Houses for review.

Committees from each House would analyse the figures and make their recommendations ahead of formal consideration.

Currently, the Constitution bars the Senate from handling money Bills - laws related to taxation, borrowing, or public expenditure - restricting those functions to the National Assembly. Senators say this limitation has significantly weakened their legislative role.

The proposed Bill seeks to change that by allowing both chambers to play an active role in overseeing how public funds are raised and spent across all levels of government.

It affirms that both the Senate and the National Assembly must jointly oversee all national revenue and government spending across state organs and public institutions.

The amendments also seek to empower both Houses to develop procedures for removing state officers, rather than leaving this role solely with the National Assembly, as is currently the case.

If the Bill is passed, it would redefine how Kenya’s Parliament operates and re-establish the Senate as a strong co-equal partner in law-making and governance at the national level.