The Senate resumes its sittings this Tuesday, 23rd September 2025, stepping back into the limelight with a packed agenda that promises to shape the future of devolution and parliamentary democracy in Kenya. During the recess, the House reconvened for a special week-long sitting to debate the Motion on the proposed removal from office, by impeachment, of Kericho County Governor, Dr. Erick Mutai.

With that politically charged chapter now behind them, Senators return to focus on an equally critical matter: the Constitution of Kenya (Amendment) Bill, 2025 (Senate Bills No. 13 of 2025). The Bill, described by many Senators as one of the most significant constitutional reform proposals since 2010, aims to strengthen the Senate, streamline the legislative process and give counties more independence in executing their duties.

𝐴 𝐵𝑖𝑙𝑙 𝑡𝑜 𝑐𝑙𝑎𝑟𝑖𝑓𝑦 𝑟𝑜𝑙𝑒𝑠

At its heart, the Constitution of Kenya (Amendment) Bill is designed to make devolution work better. It seeks to clarify the respective roles of the National Assembly and the Senate, thereby reducing the turf wars that have characterised inter-parliamentary relations since the promulgation of the Constitution.

Under the current arrangement, the Senate is largely confined to legislation directly affecting counties. The Bill proposes to expand its responsibility to all legislation, a move that would give Senators a seat at the table in shaping every aspect of national lawmaking. In doing so, it aims to elevate the Senate into a co-equal chamber, ensuring that both Houses play meaningful roles in law-making and financial oversight.

One of the proposals is to formally empower the Senate to represent special interest groups, women, youth and persons with disabilities in addition to representing counties. Advocates argue that this would make the Senate a more inclusive institution, giving voice to constituencies that have historically been underrepresented in governance.

𝐹𝑖𝑛𝑎𝑛𝑐𝑖𝑎𝑙 𝑜𝑣𝑒𝑟𝑠𝑖𝑔ℎ𝑡 𝑎𝑛𝑑 𝑙𝑎𝑤 𝑚𝑎𝑘𝑖𝑛𝑔 𝑟𝑒𝑓𝑜𝑟𝑚𝑠

Disagreements over who holds the last word on financial matters have long fuelled tensions between the National Assembly and the Senate. The Amendment Bill seeks to put an end to such disputes by granting both Houses equal responsibility in reviewing and approving the national budget, revenue estimates, spending frameworks and appropriation laws.

Under the proposed changes, either House will be able to originate any Bill, with the exception of those on taxation and revenue raising, which will remain the preserve of the National Assembly. Even so, the Senate will now exercise an equal role in scrutinising and approving such financial laws. This balance, it is hoped will bring accountability and inclusivity into the management of public finance, while reducing conflicts that in the past slowed down legislative processes.

Additionally, the Bill envisions a leadership hierarchy in the Senate. The proposed order of seniority will run from the Speaker, to the Majority Leader and then the Minority Leader.

𝑺𝒕𝒓𝒆𝒏𝒈𝒕𝒉𝒆𝒏𝒊𝒏𝒈 𝒄𝒐𝒖𝒏𝒕𝒊𝒆𝒔 𝒕𝒉𝒓𝒐𝒖𝒈𝒉 𝒂𝒖𝒕𝒐𝒏𝒐𝒎𝒚

For counties, the proposed reforms promise greater independence. A central feature of the Bill is the establishment of a County Assembly Fund in every devolved unit. The Fund will cater for the running of county assemblies, including paying staff, managing offices and carrying out oversight duties.

Currently, county assemblies rely heavily on county executives for their financing, a dependency that has often exposed them to interference or outright manipulation by governors. The new arrangement will ensure funds are channelled directly to the assemblies, making them more autonomous and effective in their watchdog role.

𝑨 𝑱𝒐𝒊𝒏𝒕 𝑷𝒂𝒓𝒍𝒊𝒂𝒎𝒆𝒏𝒕 𝒐𝒏 𝒗𝒆𝒕𝒕𝒊𝒏𝒈 𝒂𝒏𝒅 𝒐𝒗𝒆𝒓𝒔𝒊𝒈𝒉𝒕

Another change is the proposal for joint approval and oversight of top state officers by both Houses of Parliament. Rather than leaving the responsibility to a single chamber, the Bill requires both the Senate and National Assembly to act together when vetting nominees for key positions.

These include the Director of Public Prosecutions (DPP), the Auditor General, the Controller of Budget, members of the Public Service Commission and the chairpersons of other constitutional commissions such as the Commission on Revenue Allocation. Proponents say this measure will enhance accountability and reflect the bicameral nature of Parliament in safeguarding public interest.

The Senate is expected to conduct a public participation exercise with regards to the Bill across the 47 Counties.

𝑺𝒆𝒏𝒂𝒕𝒆 𝑴𝒂𝒔𝒉𝒊𝒏𝒂𝒏𝒊

Beyond the constitutional amendment debate, Senators are also preparing for the Senate Mashinani programme. This year, the session will be hosted in Busia County.

During the week-long session, Senators will relocate to Busia to hold both plenary and committee meetings on location. Legislators and Senate staff will immerse themselves in the realities of devolution at the grassroots, interacting directly with local citizens.

The main objective of Senate Mashinani is to bridge the gap between the legislative process in Nairobi and the lived experiences of ordinary Kenyans in the counties. By holding sittings away from the capital, the Senate hopes to identify the challenges facing devolved governments and propose practical solutions in relation to realities on ground.