The Senate in session.
The Senate has issued summons to all independent and constitutional commissions under Chapter 15 of the Constitution to appear before its Finance Committee on Monday for consideration of the 2025 Budget Policy Statement (BPS), triggering disquiet in the National Assembly.
The move by the Senate is seen as its ongoing quest to seize the budget making process from the National Assembly, or at least play a bigger role.
One of the letters seen by Nation.Africa addressed to the Chief Registrar of the Judiciary Winfridah Mokaya inviting the Judicial Service Commission indicates that the meeting will take place at the Four Points Sheraton at the Jomo Kenyatta International Airport (JKIA).
Other commissions expected to appear before the committee include the Kenya National Human Rights and Equality Commission, the National Land Commission, the Independent Electoral and Boundaries Commission, the Parliamentary Service Commission, the Judicial Service Commission, the Commission on Revenue Allocation, the Public Service Commission, the Salaries and Remuneration Commission, the Teachers Service Commission and the National Police Service Commission.
Independent offices – Auditor-General and the Controller of Budget – are also expected before the committee to make recommendations on the Budget Policy Statement.
Sources indicate there is disquiet among the constitutional commissions and independent offices as they see the appearance as just a formality that would only advance the quest for more powers by the Senate.
The summons are seen as part of the strategy by the Senate to solidify its petition in court filed by Busia Senator Okiya Omtatah seeking to include the Senate’s participation in the allocation of the national cake.
Article 96(3) of the Constitution provides that the Senate has the role of determining the allocation of revenue among counties, and exercising oversight over national revenue allocated to the county governments.
There are arguments that this well-constitutionally defined role does not sit well with the Senate and it has now resolved to use court cases and summons to constitutional commissions and independent offices in order to expand its territory to the national budget.
Through the case, the Senate is petitioning for their involvement in the passage of the Appropriation Bills and the national budget despite the clear constitutional provisions under Articles 95(4) and 221 of the Constitution as read with the Public Finance Management Act, Cap. 412A on the manner of enactment of Appropriation Bills and determination of the national budget by the National Assembly.
National Assembly Majority Leader Kimani Ichung’wah said the Senate role is limited to the consideration of the Division of Revenue Bill and the Medium Term debt management strategy.
“The Senate might have misled as Article 95 (4) of the constitution is clear on the exclusive role of the National Assembly on budget making,” Mr Ichung’wah said.
Mr Ichung’wah urged the Senate to focus on its mandate of oversighting public funds allocated to counties and determining allocation of revenue to counties as mandated under Article 96(3) of the constitution.
He further told the Senate to avoid engaging in unconstitutional exercises that may jeopardise the relationship of the two houses.
Last week, Marakwet East MP Kangongo Bowen sought for direction from the speaker over what he called Senate overreaching of its mandate through its committees.
Mr Bowen, who is also the chairman of the Blue economy, Water and Irrigation Committee, protested that on the same day he had scheduled a meeting with the Ministry of Water to consider the BPS, the Senate had also called the ministry over the same purpose.
“When the Senate committees are done with the ministry, where do they take their report on the BPs?” asked Mr Bowen.
During the Thursday meeting with the Senate Committee on Finance over the 2025 Budget Policy Statement, the Council of Governors urged senators to protect devolution from those who want to stifle it by holding onto resources meant for the devolved units.
Bungoma Governor Ken Lusaka, who accompanied the Council of Governors chairman, proposed a constitutional change so that the Senate is given more in the budget making process.
“Members of the National Assembly can afford to talk that way… because they know they have the power of the purse and this needs to change even if it means changing the constitution,” Mr Lusaka said.
During the Senate Leadership meeting held last month on its mid-term assessment and fourth session planning retreat, senators deliberated on how the Senate can enhance its influence on the national cake.
Ironically, as the Senate strives for additional legislative powers on the Appropriation Bills, it failed last year to enact the County Governments Additional Allocations Bill, which would have given additional cash to counties.
