NAIROBI, Kenya – Kenya’s Senate could soon wield far greater legislative and oversight authority if a newly unveiled constitutional amendment Bill sails through Parliament, in what would mark the most significant shift in the country’s governance structure since the 2010 Constitution.
The Constitution of Kenya (Amendment) Bill, 2025, published on Wednesday, proposes to transform the Senate into a powerful upper chamber with the authority to initiate any form of legislation, approve the national budget, vet constitutional office holders, and participate in the removal of public officials.
The Bill—spearheaded by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo—seeks to elevate the Senate to equal standing with the National Assembly, echoing the U.S. model of bicameralism.
It also introduces a formal leadership structure in the Senate, including a Majority Leader, Minority Leader, and a Speaker with enhanced powers.
“The principal object of the Bill is to strengthen and secure devolution… by reviewing the mandate of the Senate and the National Assembly,” the Bill states.
Currently, the Senate’s role is largely limited to county matters, with no say over key financial decisions or legislation involving national taxation and expenditure.
New Powers and Budget Oversight
Under the proposed changes, both Houses would share law-making responsibilities. Bills could originate from either chamber, including crucial financial legislation.
The Treasury Cabinet Secretary would be required to table national budget estimates before both Houses, with committees from each chamber empowered to review and amend them.
The proposal also allows the Senate to initiate laws on revenue distribution between the national and county governments, while the National Assembly would focus on appropriations.
In cases of disagreement, either House could veto amendments made by the other—but only with a two-thirds majority.
Additionally, the Bill proposes a County Assembly Fund to support financial independence for devolved legislatures, further entrenching the Senate’s role as the protector of county interests.
Power to Vet and Remove State Officers
In a bid to decentralise the power to vet and remove public officials, the Bill seeks to allow both Houses of Parliament to participate in such procedures—shifting away from the current system that vests that responsibility mainly in the National Assembly.
If passed, this would give the Senate a say in the appointment and removal of constitutional office holders such as Cabinet Secretaries, Principal Secretaries, and other state officers.
Growing Rift with National Assembly
The proposal comes amid growing tension between the Senate and the National Assembly.
Just weeks ago, the lower House passed a constitutional amendment Bill to anchor the National Government Constituencies Development Fund (NG-CDF), sparking strong opposition from Senators.
Senators have threatened to reject that Bill, arguing it entrenches an unconstitutional fund and sidesteps the Senate’s mandate on public finance oversight.
Political Backing and Legal Craftsmanship
The Senators’ Bill has backing from opposition leader Raila Odinga, who in May endorsed the proposal during a Senate session, stating:
“We would like to see our Senate work like that of the US—give it proper powers and responsibilities.”
The legal framework was drafted by a team led by Justice and Legal Affairs Committee chair Hillary Sigei, alongside senior counsels Okong’o Omogeni and Tom Ojienda.
If enacted, the law would reshape Kenya’s parliamentary model and rebalance power between the two Houses—a move supporters say is long overdue, but one that is likely to trigger political battles with MPs keen to retain their dominant role.
