Bill seeks to shift power balance between Senate and National Assembly
The Bill proposes stripping the National Assembly of its exclusive role in budget-making. It suggests that once the Budget Committee reviews and approves estimates, they should be sent to the Senate for consideration.
A fierce political battle is brewing between the Senate and the National Assembly over a proposed law that aims to reduce the National Assembly’s influence while granting the Senate greater independence.
The Constitution of Kenya Amendment Bill, 2025, sponsored by Nyamira Senator Okong’o Omogeni, proposes abolishing the Parliamentary Service Commission, currently chaired by National Assembly Speaker Moses Wetang’ula. Instead, it seeks to establish separate service commissions for both Houses.
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Under the proposed law, each House would have its service commission to manage staff and resources. “A Service Commission shall consist of the Speaker of the relevant House who shall be the chairperson,” the Bill states.
Other members would include a vice chairperson elected by members, two from the majority party, one from the second-largest party, and an expert in public affairs. The respective clerks would serve as secretaries.
The Bill also proposes the formation of a joint committee for cross-cutting issues between the two commissions.
“The service commissions shall have such joint meetings as they may consider necessary for the proper management of the Houses of Parliament,” it reads.
The changes extend to key government appointments, with the Senate being given powers to vet high-ranking officials.
These include the Director of Public Prosecutions, Chief Justice and Deputy Chief Justice, Auditor General, Controller of Budget, and chairpersons and members of the Commission on Revenue Allocation, as well as constitutional commissions.
Additionally, the Bill proposes stripping the National Assembly of its exclusive role in budget-making. It suggests that once the Budget Committee reviews and approves estimates, they should be sent to the Senate for consideration.
“The Senate may amend the approved estimates in a resolution supported by at least two-thirds of the county delegations in the Senate,” the Bill states. The National Assembly would need 233 votes to overturn any Senate amendments.
The Bill also requires the Kenya Defence Forces to submit reports to the Senate whenever troops are deployed to restore order in any part of the country.
Omogeni further seeks to remove the National Assembly Speaker as chairperson of tribunals handling the removal of judges, replacing them with the Senate Speaker.
“The roles of both Houses should be defined,” the Bill states.
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