Raila backs stronger Senate with distinct powers amid House supremacy battles

Former Prime Minister Raila Odinga has recommended that the Senate be given proper powers, similar to the United States Senate, so it can fully take up its role under the Constitution.

Speaking at Parliament Buildings on Thursday afternoon, Raila said both the Senate and the National Assembly must work together, with each House handling its specific responsibilities.

According to him, this is the only way Parliament can effectively represent the people, make laws, and oversee government.

“Senate need to play its role, just as the National Assembly has also resumed playing. We have got countries with a similar constitutional structure, and it worked very well,” Raila said.

“So let's see our Senate work just like the Senate of the United States of America, and give it proper powers and responsibilities. Same thing.”

The former PM added that the National Assembly has its own sphere and must also carry out its duties without interfering with the role of the Senate.

“So the National Assembly has also its sphere, and you say the national assembly should do its work, and together, both National Assembly and the Senate form the Parliament, and Parliament's role is to represent, to legislate and to oversight,” Raila said.

He said the work of Parliament is central to the country’s governance because the executive depends on the laws it passes, while the judiciary interprets those laws.

“The executive uses the laws that are passed by Parliament to govern the country, the judiciary interprets, this is how we want it to be,” Raila said.

His remarks come amid renewed tensions between the two Houses, sparked by a protest in Parliament last week where senators opposed being sidelined in the vetting of nominees to the electoral commission.

IEBC reconstitution

The senators insist that the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) is a national issue that should involve both Houses.

“In our considered view, this is a process that should be undertaken jointly by both Houses, as has been the practice with the approval of nominations to key state offices,” said Hillary Sigei, chairperson of the Senate’s Justice and Legal Affairs Committee.

The standoff has revived the long-standing supremacy battles between the Senate and the National Assembly over which House has the final say in national matters.

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The dispute is also playing out in the push for the Constitution of Kenya Amendment Bill, 2025, which seeks to limit the National Assembly’s dominance and grant the Senate more independence.

The Bill, sponsored by Nyamira Senator Okong’o Omogeni, proposes abolishing the current Parliamentary Service Commission, chaired by National Assembly Speaker Moses Wetang’ula and replacing it with two separate service commissions, one for each House.

Each commission would be chaired by the respective Speaker.

It also proposes a joint committee to address shared matters 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,” the Bill reads.

The proposed law would also give the Senate powers to vet top state officials, including the Director of Public Prosecutions, the Chief Justice and Deputy Chief Justice, the Auditor General, the Controller of Budget, and heads of key commissions.

Further changes target the budget-making process. The Bill suggests that the Senate be allowed to amend approved estimates, and any changes would require a two-thirds majority vote of county delegations.

The National Assembly would then need 233 votes to overturn those changes.

The Bill also requires the Kenya Defence Forces to report to the Senate whenever troops are deployed locally for security operations. It seeks to replace the National Assembly Speaker as chair of tribunals handling the removal of judges with the Senate Speaker.

“The roles of both Houses should be defined,” the Bill states.