Senators have drafted a constitutional amendment bill that, if passed, will secure an enhanced legislative authority.

This is after they rejected the constitutional amendment initiative spearheaded by members of the National Assembly and decided to push for a parallel proposal to alter the country’s supreme law.

The proposed bill seeks to grant senators a formal role in the national budget-making process, including approving the national government’s budget.

In addition, the draft bill also aims to give the Senate oversight authority over the vetting of state officers, including Cabinet Secretaries, and deeper involvement in the broader budgeting framework.

This legislative push comes just days after senators hosted opposition chief Raila Odinga, who pledged his support for constitutional reforms to strengthen the Senate’s mandate.

“We would like to see our Senate work like that of the US—give it proper powers and responsibilities,” Raila said.

The proposed Constitution of Kenya (Amendment) Bill currently before the National Assembly seeks to embed the National Government Constituency Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF) into the Constitution.

The move to amend the supreme law follows the recommendation of the National Dialogue Committee (NADCO), chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority leader Kimani Ichung’wa.  

The drafting of a parallel constitutional amendment bill by the Senators marks the first formal move to translate their long-standing push for greater powers into legislative action.

People Daily has authoritatively established that the Senate Majority Leader, Aaron Cheruiyot (Kericho) and his Minority counterpart, Stewart Madzayo, are the sponsors of the bill.

A section of Senators who spoke to People Daily in confidence were categorical that the draft bill had been finalised and sent to the government printer.

However, they refused to divulge the information about the contents of the bill, citing that some government mandarins could frustrate the publication of the bill if the media published the contents before printing of the bill.

Upper House

The proposed amendment seeks to elevate the Senate to the status of a true upper house, with expanded veto powers over legislation, the national budget, and decisions made by the National Assembly.

Currently, the Constitution bars the Senate from handling money bills.

A money bill is a legislative proposal that primarily deals with financial matters such as taxation, public expenditure, or borrowing. Under the Constitution, the Senate is barred from considering money bills.

In addition to legislative frustrations, senators voiced concerns over alleged favouritism by the Joint Parliamentary Services and the Parliamentary Service Commission(PSC).

They claim the entities are biased toward the National Assembly, pointing to unequal allocation of budgets and logistical support, which they say hampers the Senate’s ability to operate effectively.

The Senate draft bill was developed by a team of legal experts within the Senate, led by the Justice, Legal Affairs and Human Rights Committee chairperson, Hillary Sigei (Bomet).

Senior counsels Tom Ojienda (Kisumu), Edwin Sifuna (Nairobi), Okong’o O’mogeni (Nyamira) and Catherine Mumma (nominated) are part of the drafting team.

“We have drafted the bill and presented it to senators. What we want is enhanced legislative powers,” said a member of the drafting team.

He went on: “We cannot, however, divulge the contents of the bill because we fear that some government operatives could scuttle the process of publication and printing before the bill is published.”

The bill was unveiled to senators during an informal meeting—commonly known as a Kamkunji—chaired by Speaker Amason Kingi on Thursday, June 12, 2025.

Many have voiced frustration over Senate-backed bills being thrown out by the National Assembly on the grounds that they are money bills.

“They terminate your bill and days later reintroduce the same content with a different sponsor,” one senator claimed.