Senators reject constitutional amendment bill
By Mercy Mwai, July 3, 2025Several senators have criticised their National Assembly counterparts for excluding them from formulating the Constitution of Kenya (Amendment) Bill 2025, which seeks to entrench various government funds.
Senators Edwin Sifuna (Nairobi), Samson Cherargei (Nandi), Ledama ole Kina (Narok) and Godfrey Osotsi (Vihiga) warned that the bill faces difficult passage in the Senate due to inadequate consultation.
The bill, sponsored by MPs Otiende Amollo (Rarieda) and Samuel Chepkong’a (Ainabkoi), aims to anchor three funds in the constitution: the National Government Constituency Development Fund (NG-CDF), Senate Oversight Fund (SOF), and National Government Affirmative Action Fund (NGAAF).
The bill now awaits Senate consideration after 304 National Assembly members endorsed it.
“As a Senate, we have neither been consulted nor involved in the formulation and passage of this Bill,” Sifuna stated, questioning why the National Assembly presumes to know Senate needs.
He noted that senators never requested the Senate Oversight Fund, calling it a non-priority.
In response, senators have drafted their own constitutional amendment bill to expand Senate powers, including authority over the national budget, finance bills, and other money bills currently under the National Assembly’s jurisdiction.
The proposed legislation would make the Senate the “upper house” with veto powers over National Assembly decisions.
Osotsi expressed scepticism about the bill’s prospects, viewing the Senate Oversight Fund as a “temporary carrot and stick” to secure Senate support for NG-CDF entrenchment.
Kina opposed all proposed funds, insisting the legislature’s role is purely to legislate: “No Senate Oversight Fund, no NG-CDF and definitely no affirmative action. Our role is to legislate.”