A showdown is looming in Parliament where senators are demanding a role in the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC).

In a move that could reignite long-standing supremacy battles between the Senate and the National Assembly, the senators decried their exclusion from the exercise.

According to the senators, reconstitution of the electoral body is a matter of national significance, which must involve both Houses.

Senate Justice and Legal Affairs Committee chairperson Hillary Sigei (Bomet) said senators should have a role just like in the vetting of other key state officers, like the Inspector General of Police.

“There have been several attempts, some successful, where the National Assembly has moved to amend legislation to delete the word ‘Parliament’ and replace it with the word ‘National Assembly’, thus taking away from the Senate functions that should otherwise be performed or undertaken by both Houses,” said Sigei.

The senators noted that in previous vetting exercises—including for state officers like the Inspector General of Police, Central Bank Governor, and members of the Commission on Revenue Allocation—both Houses have participated through joint committees.

Article 250 of the Constitution, Section 5 of IEBC Act, and Sections 3 and 8 of the Public Appointments Parliamentary Approval Act, Cap 7F, govern the nomination, vetting and approval of the chairperson and members of the IEBC.

However, the senators argued that this provision was amended in 2012, before the Senate was formally constituted, and only intended to apply to the first election following the promulgation of the Constitution.

“This amendment, which replaced the word ‘Parliament’ with ‘National Assembly,’ was meant to apply only to the transitional phase. Since then, the National Assembly has consistently frustrated our efforts to restore the term ‘Parliament’ in the law,” Sigei explained.

Samson Cherargei (Nandi) called for the vetting to be conducted by a joint committee of both Houses.

“Even when you read Article 88 on the establishment of IEBC, there is no justification for the National Assembly to vet the commissioners alone,” he said.

He went on: “We are not short of weapons to ensure that the voice of the Senate, which is the voice of the people, is heard, including the possibility of seeking legal interventions in the courts of law. We have been taken for a ride by the National Assembly for far too long, yet Kenyans also elect us.”

Okong’o Omogeni (Nyamira) traced the issue back to the Naivasha constitution-making process, alleging that MPs intentionally sidelined senators.

Busia Senator Okiya Omtatah said while Article 250(2) may appear to sideline the Senate, the Constitution must be read holistically.

“The Constitution is clear that matters of devolution require the Senate’s involvement. IEBC commissioners preside over the elections of senators, governors, and MCAs—offices which are central to county governments and devolved structures,” he said.