Raila backs Senate push for constitutional change to cement role as Upper House

The Senate is mulling starting a parallel process to change the Constitution to make an Upper House as sibling rivalry with the National Assembly continues.

In a process that has seemingly receiving the backing of the former Prime Minister Raila Odinga, the Senators want all laws passed by the National Assembly to go through the Senate.

Speaking at the Senate after meeting Senators in a kamkunji on Thursday, Raila said the Senate must be allowed to play its role in the legislative process akin to what happens in the United States of America.

“Senate should play its role, just like the National Assembly has a role to play. We have countries with similar constitutional structures and it works very well. So let’s see our Senate work like the one in USA is working and let’s give it proper powers and responsibilities,” stated the ODM party leader.

Appearing to oppose the initiative by the National Assembly to change the Constitution and entrench NG-CDF in the Constitution, Raila insisted that Parliament must only do its roles as per the Constitution.

“National Assembly and Senate form Parliament and their role is to represent, legislate and oversight and those roles are very important. The Executive uses the laws passed by Parliament to govern the country and the Judiciary interprets it, that’s the way we want it to be,” Raila remarked.

“We still have a long way to go. Together we can succeed and together we shall succeed. We have no option.”

Senators have also vowed to shoot down the constitutional amendment initiative spearheaded by Members of the National Assembly, which seeks, among other things, to entrench the National Government Constituency Development Fund (NG-CDF) in the Constitution.

“The Senate must really occupy its place as the Upper House in the matter of legislation, and the courts have already pronounced itself on matters NG-CDF, it’s unconstitutional, even if you do public participation and bring it here, it will flop,” said Kitui Senator Enoch Wambua.

“We have already commenced discussions to change the Constitution, to make the Senate really the Upper House.”

Speaking after the two-hour meeting with Raila, the Senators expressed fears of forces that are hell bent on clawing back the gains that have been made in devolution.

They claim the national government is taking over functions that are devolved, starving counties of funds and retaining huge monies at the national level.

According to Vihiga Senator Godfrey Osotsi, the Senate has agreed to reject the Senate Oversight Fund that has been proposed in the National Assembly Amendment Bill, claiming that the fund is being used as a bribe to make them pass the illegal NG-CDF.

“Senate has not been allowed to perform their constitutional role, we have seen many laws that concern devolution passed in the National Assembly without coming to the Senate. So we are starting a conversation demanding that all laws passed in the National Assembly, must go through the Senate,” stated Osotsi.