NAIROBI, Kenya – Orange Democratic Movement (ODM) leader Raila Odinga has thrown his weight behind the Senate’s move to assert itself as the upper house of Parliament through constitutional amendments aimed at strengthening its legislative authority and safeguarding devolution.
Odinga made a rare appearance in the Senate Chambers on Thursday morning during an informal sitting convened to deliberate on the Fourth Basis Revenue Sharing Formula.
Addressing the press shortly after the session, the former Prime Minister said it was time to restructure the Constitution to give the Senate more meaningful powers in line with its intended role under the devolved system.
“Senate should play its role, just like the National Assembly has a role to play.We have countries with similar constitutional structures, and they work very well. Let’s see our Senate work like the one in the United States let’s give it proper powers and responsibilities,”Odinga noted.
His remarks come amid heightened tensions between the Senate and the National Assembly over proposed amendments to the Constitution.
Senators have initiated a parallel process to counter the National Assembly-led push to entrench the National Government Constituency Development Fund (NG-CDF) and other funds including the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF) in the Constitution.
Odinga dismissed the push to constitutionalize the NG-CDF, saying it undermines the principle of separation of powers and could encroach on the Executive’s mandate.
“The National Assembly and the Senate form Parliament, and their role is to represent, legislate, and provide oversight. The Executive governs using laws passed by Parliament, and the Judiciary interprets those laws. That is the balance we want to preserve,” he said.
“We still have a long way to go. Together we can succeed and together we shall succeed. We have no option.”
Senators have since constituted a special team to spearhead the legislative push, comprising Senate Majority and Minority Leaders, alongside legal experts and senior members of the House.
Among them are Senior Counsels Tom Ojienda (Kisumu) and Okong’o Omogeni (Nyamira), as well as Nairobi Senator Edwin Sifuna, Bomet Senator Hillary Sigei, and Nominated Senator Catherine Mumma.
One of the key proposals under consideration is to amend the Constitution to allow the Senate to consider money bills an issue that has long been a source of contention.
Under current constitutional provisions, the Senate is barred from initiating or debating money bills, which include any legislation related to taxation, public finance, or borrowing.
Vihiga Senator Godfrey Osotsi said the Senate would not support the 2024 Constitutional Amendment Bill simply because it includes a proposal to entrench the Senate Oversight Fund.
He warned that the fund could be used to coerce Senators into supporting the NG-CDF amendment.
“We’ve discussed how devolution has been undermined. We don’t want the Senate Oversight Fund if it will be used as a bribe to pass the unconstitutional NG-CDF. Instead, we will bring amendments that give the Senate more legislative muscle,” said Osotsi.
Odinga echoed this view, asserting that any move to embed NG-CDF in the Constitution should be subjected to a national referendum, not passed through Parliament.
“NG-CDF violates the spirit of the Constitution. If they want to change the structure of governance, they must take it to the people through a referendum not through clandestine parliamentary maneuvers,” Osotsi said.
Kitui Senator Enoch Wambua also reaffirmed the Senate’s commitment to establishing itself as the authoritative upper chamber of Parliament, dismissing the NG-CDF proposal as both unconstitutional and unsustainable.
“The courts have pronounced themselves clearly—NG-CDF is unconstitutional. Even if you conduct public participation and bring it here, it will still flop,” said Wambua.
The National Assembly recently concluded public hearings on the proposed Constitution of Kenya (Amendment) Bill, which seeks to anchor NG-CDF, NGAAF, and SOF into the supreme law.
The initiative follows recommendations from the National Dialogue Committee (NADCO).
However, Senators have denounced the process, accusing Members of Parliament of sidelining them and hijacking the initiative to serve narrow interests.
