Senate’s Constitutional Amendment Bill Gains Momentum in Public Hearings

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BUSIA, Kenya, Octt 6 – The Senate’s proposal to widen its legislative and oversight mandate has received strong public backing, with Kenyans urging lawmakers to give the Upper House a greater role in national governance.Public hearings on the Constitution of Kenya (Amendment) Bill, 2025 kicked off in Busia County on Monday under the leadership of the Senate Justice, Legal Affairs and Human Rights Committee (JLAC). The Bill, fronted by Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, proposes to expand the Senate’s powers in lawmaking, budgeting, and vetting of senior State officers.Residents who attended the forum expressed support for the changes, saying they would enhance accountability and reduce political dominance by the National Assembly.Edgar Ouma from Samia said empowering the Senate to initiate and debate national Bills would help balance the legislative process.“The Senate should not be a bystander in national issues. Allowing it to originate Bills will ensure proper checks on the National Assembly,” he said.Caxson Obatsa, a university student, echoed the sentiment, adding that involving both Houses in vetting top officials would curb corruption.“It’s important that vetting is done jointly. That way, no single institution can monopolise the process or use it politically,” he said.From Nambale, Godfrey Odongo proposed that joint parliamentary committees should handle vetting and approvals to strengthen accountability. He also urged that the Senate be formally recognised as the Upper House.Others at the forum praised the creation of the County Assembly Fund, saying it would grant financial independence to MCAs and improve their ability to oversee county executives.The Bill proposes far-reaching constitutional amendments that would allow the Senate to originate any Bill, share authority in budget-making, and jointly vet and approve State officers. It also recommends that both Houses jointly submit passed Bills to the President for assent.At present, the Senate’s role is mostly confined to county affairs, while the National Assembly handles most national legislation and all money Bills.If passed, the Bill would realign the powers of the two Houses, giving the Senate greater legislative weight comparable to upper chambers in other democracies.The Commission on Revenue Allocation (CRA) cautioned that the expanded mandate could create bureaucratic overlap.“This Bill significantly widens the Senate’s scope, and that might lead to duplication of roles and delays in decision-making,” said CRA Chief Executive Roble Nuno.The Institute of Economic Affairs (IEA) warned that the proposals could heighten the risk of legislative stalemates and inflate administrative costs.Meanwhile, the County Assemblies Forum (CAF), through its chairperson Seth Kamanza, argued that extending Senate oversight to county revenues could infringe on county assemblies’ constitutional roles.“Without clear cooperation mechanisms, the two Houses could easily clash, particularly over budgets,” Kamanza said.The Law Society of Kenya (LSK), however, welcomed the amendments, saying they could end the long-running rivalry between the two chambers.“Granting the Senate a stronger voice in budget-making will enhance accountability and boost devolution,” said LSK President Faith Odhiambo.The Bill, first read in the Senate on August 7, 2025, is scheduled for a second reading on November 6, 2025, after the conclusion of nationwide public forums.If enacted, it would redefine the balance of power between the National Assembly and the Senate and reshaping parliamentary structure.