The Senate has introduced a powerful new proposal that could significantly expand its influence over key government decisions — including appointments made by President William Ruto.
The proposed law, known as the Constitution of Kenya (Amendment) Bill 2025 (Senate Bills No. 13 of 2025), seeks to amend several sections of the Constitution to shift certain approval powers from the National Assembly to the entire Parliament — meaning both the Senate and the National Assembly.
What Changes Does the Bill Propose?
The Bill targets several constitutional articles — including Articles 157, 215, 228, 229, 233, 250, and 251 — with the goal of ensuring that top public officials are vetted or approved by Parliament as a whole, not just the National Assembly.
If the Bill passes:
- Appointments such as the Director of Public Prosecutions (DPP), members of the Commission on Revenue Allocation (CRA), the Controller of Budget, Auditor-General, and officials in the Public Service Commission (PSC) will now require joint approval from both Houses of Parliament.
- Petitions to remove commissioners or heads of independent offices will also be submitted to both Houses, instead of going solely to the National Assembly.
This change could increase accountability and transparency, but critics warn it might also slow down the appointment process or turn confirmation hearings into political battles.
Senate Seeks Equal Power in Introducing Bills
Another major proposal in the Bill is the rewriting of Article 109, which currently allows most Bills to originate in the National Assembly.
Under the new proposal:
- Bills could originate from either House — Senate or National Assembly.
- However, Bills dealing with national revenue (like taxes or the national budget) would remain exclusive to the National Assembly.
Additionally, no Bill would be sent to the President for signing unless both Houses pass it, as reflected in proposed amendments to Articles 115 and 116.
This means both the Senate Speaker and the National Assembly Speaker would jointly submit approved Bills to the President, signalling equal legislative authority.
Strengthening the Senate’s Oversight and County Role
The Bill also proposes changes to Article 94, explicitly stating that national legislative power belongs to both Houses, not primarily the National Assembly.
To reinforce this, amendments to Article 96 redefine the Senate’s role, stating that it:
- “Deliberates on and resolves issues affecting counties,”
- And enacts laws in accordance with Part 4, giving it more formal law-making power.
Financial Reforms That Affect Counties
The Bill includes several provisions that would directly benefit county governments:
- Creation of a County Assembly Fund, to be managed through county legislation and cover operational costs of county assemblies.
- Amendments to Article 22, allowing counties to withdraw funds directly from the Consolidated Fund if the Division of Revenue Bill or County Allocation of Revenue Bill is delayed — preventing service disruptions at the county level.
Furthermore, amendments to Articles 221, 222, and 223 would replace references to “National Assembly” with “Parliament,” meaning budget estimates would be reviewed by committees from both Houses before being passed into an Appropriation Bill.
The Senate would also gain the power to originate County Allocation Bills, placing it at the same level as the National Assembly in matters concerning county finances.
What’s Next?
The Bill has already gone through its First Reading in the Senate, and the public has been invited to submit views on it on Monday, October 6.
If passed, this Bill would dramatically change Kenya’s balance of power in Parliament, giving the Senate a far stronger voice in governance, budgeting, and presidential appointments.
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