A showdown looms between the two Houses of Parliament over a proposed law that will whittle down the powers of the National Assembly and make the Senate more independent.
Among the far-reaching proposals by Nyamira Senator Okong’o Omogeni is to abolish the Parliamentary Service Commission – presently chaired by National Assembly Speaker Moses Wetang’ula.
Instead, the senator proposes a Senate Service Commission to handle human resources and welfare for Senate staff.
In the plan, the National Assembly would have its own Service Commission.
“A Service Commission shall consist of the Speaker of the relevant House who shall be the chairperson,” reads the Constitution of Kenya Amendment Bill, 2025.
Other members include a vice chairperson elected by members, two members from the majority party, one from the second-largest party and one person knowledgeable on public affairs.
“The clerk of a House of Parliament shall be the secretary to the respective service commission,” the legislation reads.
For cross-cutting matters, the two commissions shall establish a joint committee comprising members from each side.
“The service commissions shall have such joint meetings as they may consider necessary for the proper management of the Houses of Parliament,” the proposed Bill reads.
The Bill will also allow the Senate powers to vet key government appointments.
These include the appointments of the Director of Public Prosecutions, Chief Justice and Deputy Chief Justice, Auditor General, Controller of Budget, chairperson and members of the Commission on Revenue Allocation, as well as chairpersons and members of constitutional commissions.
The Bill also seeks to take away the National Assembly’s exclusive role in budgeting.
The provision of the law that empowers MPs in the Budget Committee to review estimates before approval by the National Assembly will also be deleted.
If enacted, the National Assembly and Senate shall consider the estimates and seek representations from the public.
“When the estimates have been approved by the National Assembly, the estimates shall be referred to the Senate for consideration. The Senate may amend the approved estimates in a resolution supported by at least two-thirds of the county delegations in the Senate.”
The National Assembly, as per the Bill, would be required to raise 233 members to overturn a veto by the Senate.
Senators would also receive reports from Kenya Defence Forces upon deployment to restore peace in any part of Kenya.
Omogeni also wants the National Assembly Speaker removed as chairperson of a tribunal handling the removal of a judge and be replaced by the Senate speaker.
The roles of both Houses should be defined further to provide that the National Assembly represents constituencies and the Senate protects the interest of counties.
The two Houses should have independent funds “to be used for administrative expenses of the National Assembly and Senate respectively.”
A similar fund is proposed for county assemblies.
Omogeni said the Bill is aimed at strengthening devolution “by aligning roles and functions of Parliament to promote effective administration of a devolved system of government.”
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