Proposed amendments seek to expand Senate’s Authority in Budget and Oversight

Proposed amendments seek to expand Senate’s Authority in Budget and Oversight

𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲, 𝟏𝟐𝐭𝐡 𝐌𝐚𝐫𝐜𝐡 𝟐𝟎𝟐𝟓

In a sitting of the Justice, Legal Affairs and Human Rights Committee, chaired by today's Sessional Chair, Sen. Prof. Tom Ojienda (Kisumu), members convened to deliberate on the draft Constitution of Kenya (Amendment) Bill, 2025, sponsored by Sen. Mogeni Okong'o (Nyamira). The proposed amendments seek to strengthen devolution, enhance the Senate's legislative and oversight role, and clarify the functions of the National Assembly and the Senate.

Sen. Mogeni, the bill’s sponsor, articulated the rationale behind the amendments, emphasizing their intent to refine governance structures. 

“Chair, this Bill is designed to enhance the balance of power within our legislative framework while safeguarding devolution. It provides a clear delineation of roles between the Senate and the National Assembly, ensures counties receive adequate financial allocations, and strengthens legislative oversight,” he stated. 

The senator highlighted provisions that seek to elevate the Senate’s mandate, including conferring full legislative authority over all bills, with specific provisions for financial legislation.

However, Sen. Okiya Omtatah (Busia) expressed reservations about the bill’s expansive nature, suggesting a more measured approach. 

“This Bill, in its current form, borders on a constitutional overhaul rather than an amendment. We must refine it to address core governance gaps without fundamentally restructuring the Constitution. If we ensure the Senate’s rightful role in budget-making and approval of presidential appointees, we will achieve much of what this Bill seeks without unnecessary amendments,” he argued.

Sen. Crystal Asige underscored the need for inclusivity and a pragmatic legislative approach. 

“This Bill is ambitious, touching on multiple governance aspects. We must be deliberate in ensuring it does not become unwieldy. Strengthening devolution is paramount, but we must be strategic in our reforms to avoid over-legislating,” she cautioned.

In response, Sen. Prof. Ojienda acknowledged the significance of the proposals while advocating for a streamlined approach. 

“We have listened to well-articulated perspectives on this Bill. The proposed amendments address fundamental governance issues, particularly devolution and legislative oversight. However, we must examine whether some provisions can be addressed through ordinary legislation rather than a constitutional amendment,” he noted. 

He directed the committee’s secretariat to develop a matrix outlining provisions that could be achieved through legislative amendments rather than constitutional revision.

The committee resolved to refine the Bill further before submitting recommendations to the Speaker within the stipulated 14-day timeframe.