Moseax

Technology & Travel

News Politics

Functions and Roles of The Senate in Kenya

Bymoseax

Feb 10, 2022 ,

The Senate is the upper house of the Parliament of Kenya. The Senate was first established as part of Kenya’s 1963 Constitution. After being abolished in 1966, the Senate was re-established by the 2010 Constitution.

Membership And Composition Of The Senate In Kenya

The Senators carry out the role of the Senate in Kenya. The membership and composition of the Senate in Kenya is:

  • 47 elected Members of Parliament (or Senators) representing the counties.
  • 16 MPs or Senators based on 16 special seats set aside for women. Political parties nominate these members according to their proportion of elected members in the House.
  • Four special seats set aside for the youth and persons with disabilities. A man and a woman should represent the youth, and another man and woman should represent the persons with disabilities.
  • The Speaker, who is is an ex officio member of the Senate.

Roles of The Senate

Senate’s overall function is to protect the interests of the counties and their governments. Article 96 of the Constitution provides that the Senate has a role in-

1.     Law -making;

2.     Determining allocation of national revenue among counties as per Article 217 of the Constitution and overseeing national revenue allocated to county governments; and

3.     Considering and determining any resolution to impeach the President and Deputy President as per the provisions of Article 145 and 150(2) of the Constitution respectively.

A.    Law-making

In exercising its legislative mandate, the Senate considers, debates and approves Bills.

Articles 110 and 256 of the Constitution provide that Bills that may originate from the Senate are –

(a)  Bills concerning County Governments

Article 110 of the Constitution defines a Bill concerning County Governments as that which –

(i)    contains provisions affecting the functions and powers of the County Governments as set out in the Fourth schedule;

(ii)   relates to the election of members of a county assembly or a county executive; or

(iii)  affects the finances of the County governments

The process of passing Bills in this category is guided by the provisions of Articles 111 through to 113 of the Constitution.

(b)  Bills that propose amendments to the Constitution through Parliament as envisaged in Article 256 of the Constitution.

Other than Bills that originate from the Senate, the Senate considers Bills that –

(i)    originate from the National Assembly but affect county governments;

(ii)    propose to amend the Constitution under Articles 256 or 257 of the Constitution;

(iii)  divide the national revenue between the National and County government i.e. the Division of Revenue Bill under Article 218(a) of the Constitution.

(iv) divide the national revenue allocated to the County level of government through the Division of Revenue Bill, amongst the county governments; i.e. the County Allocation of Revenue Bill under Article 218(b)of the Constitution.

B.    Allocation of National Revenue

1.     Division of revenue between the National and County Governments

Article 217(1) of the Constitution mandates the Senate to determine, by resolution, the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government. In determining the basis of revenue sharing under clause (1), the Senate must-

(a)  Consider the provisions of Article 203(1)of the Constitution; i.e. the national interest, the public debt and other national obligations, the needs of the national government, the need to ensure counties perform their functions, fiscal capacity and efficiency of county governments, developmental and other needs of counties, economic disparities within and among the counties, affirmative action, economic optimization of each county, the desire for stable and predictable allocations of revenues and flexibility in responding to emergencies and other temporary needs;

(b)  request and consider recommendations from the Commission on Revenue Allocation;

(c)  consult the county governors, the Cabinet Secretary responsible for finance and any organisation of county governments; and

(d)  invite the public, including professional bodies, to make submissions to it on the matter.

While considering the Division of Revenue Bill under Article 218 of the Constitution, the Senate ensures that the counties get their share of the revenues collected at the national level.

2.     County Allocation of Revenue Bill

Immediately after the approval of the Division of Revenue Bill, the Senate is charged with considering, deliberating and voting on the County Allocation of Revenue Bill which divides revenue allocated to the county level of government amongst the counties using the formula developed by the Senate every five years as per the provisions of Article 217 of the Constitution.

3.     Review of any Bills dealing with sharing of revenue or any financial matter concerning County Governments

The Senate also considers recommendations made by the Commission on Revenue Allocation regarding provisions of any Bill dealing with sharing of revenue or any financial matter concerning County Governments as per the provisions of Article 205 of the Constitution.

C.    Impeachment

The Senate plays a pivotal role in the process of impeaching the following State officers-

1.     The President

2.     The Deputy President

3.     The Speaker and Deputy Speaker of the Senate

4.     The Governors.

1.     President

The process of impeaching the President is outlined in Article 145 of the Constitution. The Senate is required to investigate allegations for impeachment of the President and resolve if they have been substantiated. The Senate may by resolution constitute a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate finds that the allegations have been substantiated, then the Senate shall –

(i)    accord the President an opportunity to be heard; and

(ii)   vote on the impeachment charges

If at least two-thirds of all Senators vote to uphold any impeachment charge, the President ceases to hold office.

2.     Deputy President

The process of impeaching the Deputy President is outlined in Article 150 of the Constitution. The Senate is required to investigate allegations for impeachment of the Deputy President and resolve if they have been substantiated. The Senate, by resolution, may appoint a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate finds that the allegations have been substantiated then the Senate shall –

(i)    accord the Deputy President an opportunity to be heard; and

(ii)   vote on the impeachment charges.

If at least two-thirds of all Senators vote to uphold any impeachment charge, the Deputy President ceases to hold office.

3.     Speaker and Deputy Speaker

Article 106(2)(c) gives the Senate the power to remove the Speaker or the Deputy Speaker from office if it passes a resolution supported by at least two-thirds of its members.

4.     Governors

The process of impeaching the Governor is outlined in Article 181 of the Constitution and section 33 of the County Governments Act.

The Senate is required to investigate allegations for impeachment of the Governor and resolve if they have been substantiated. The Senate, by resolution, may appoint a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate or the Senate sitting in Plenary finds that the allegations have been substantiated then the Senate shall –

(i)    accord the Governor an opportunity to be heard; and

(ii)   vote on the impeachment charges

If the Majority of Senators vote to uphold the impeachment charge, the Governor ceases to hold office.

If the vote to uphold the impeachment fails, then the Speaker of the Senate shall inform the Speaker of the concerned County Assembly.

A motion for removal of the Governor on the same charges may only be re-introduced in Senate on the expiry of three months from the date of the failed vote to uphold the impeachment.

By moseax

Related Post

How to News Smartphone Twitter

Finally Twitter Begins Roll Out Of An Edit Button

Sep 1, 2022 moseax
News Sports StarTimes

SportPesa Licensed to Operate by the BCLB

Aug 19, 2022 moseax
News

Twitter creates platform for Creators that allows content monetization

May 26, 2022 moseax
1,679 thoughts on “Functions and Roles of The Senate in Kenya”

  6. Can I simply just say what a relief to find an individual who actually knows what they are talking about online. You actually know how to bring a problem to light and make it important. More people ought to read this and understand this side of your story. I was surprised you are not more popular since you certainly possess the gift.

    Reply

  7. Nice post. I learn something new and challenging on websites I stumbleupon on a daily basis. Its always exciting to read articles from other writers and use something from their sites.

    Reply

  8. I would like to thank you for the efforts youve put in writing this blog. I am hoping to see the same high-grade content by you later on as well. In fact, your creative writing abilities has motivated me to get my own website now 😉

    Reply

  17. When I initially commented I seem to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the exact same comment. Perhaps there is a means you can remove me from that service? Kudos!

    Reply

  18. A motivating discussion is worth comment. I think that you should write more about this subject, it might not be a taboo matter but generally people do not speak about such topics. To the next! Many thanks!!

    Reply

  19. An interesting discussion is worth comment. Theres no doubt that that you need to write more on this subject matter, it might not be a taboo matter but usually people dont speak about such subjects. To the next! Many thanks!!

    Reply

  20. I have to thank you for the efforts you have put in writing this website. I am hoping to see the same high-grade content from you in the future as well. In truth, your creative writing abilities has motivated me to get my own, personal blog now 😉

    Reply

  21. After I originally commented I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on each time a comment is added I get 4 emails with the exact same comment. There has to be an easy method you are able to remove me from that service? Kudos!

    Reply

  24. It’s actially a nicfe aand helpful piece oof information. I amm satisfied that
    you just shqred this useful infolrmation ith
    us. Please stay us up to date lie this. Thank yoou for
    sharing.

    Reply

  25. If youu wawnt too obtain a great deal freom this aarticle then you have to apply hese straqtegies too
    your won webpage.

    Reply

  27. I want to introduce you to my site so you can have fun
    카지노사이트 게임토크에서 각종 온라인 바카라, 슬롯머신, 룰렛, 스포츠토토, 바둑이, 릴게임, 경마 게임 정보를 제공합니다! 안전한 카지노사이트추천 과 각종 이벤트 쿠폰을 지급합니다!” />

    https://main7.net/woori/

    Reply

  28. I invite you to visit my site and learn new ideas
    카지노사이트 ACE21에서 안전한 카지노 사이트만을 추천합니다.카지노, 바카라, 온라인카지노, 순위 , 라이브카지노, 해외카지노, 사설카지노, 호텔카지노 등 각종 인터넷 게임을 제공하는 신뢰할 수 있는 통합사이트와 함께 다양한 이벤트에 참여하세요!” />

    https://8mod.net/slot-real/

    Reply

  31. Greetings! Very helpful advice within this article!
    It iss thhe little chaqnges tnat make thee biggest changes.

    Manny thanks for sharing!

    Reply

  32. I was very pleased to uncover this great site. I need to to thank you for ones time for this fantastic read!! I definitely appreciated every bit of it and I have you bookmarked to look at new information on your blog.

    Reply

  33. I am curious tto find out what bpog ystem you’re using? I’m having somme minor seurity issues wkth myy latest website and I’d liike too find somethiing more risk-free.
    Do yoou have anyy suggestions?

    Reply

  34. Heeya i amm ffor the fikrst time here. I ccame adross tjis board andd I to finjd It truloy
    useful & iit helped me ouut a lot. I hoppe to provide one thing back and aid others like youu aided me.

    Reply

  35. Definitely consider thuat that you said. Your favourite reason seemed to bbe on thee internet the simplest factor to understand of.
    I sayy too you, I certainly geet irkd whilst otger peole think about wprries
    that they just don’t understnd about. Youu controlled to
    hit the nail upon the highest as welpl as outtlined out the whole thing witth no need side-effects , people can take a signal.

    Will probably bee back too get more. Thanks

    Reply

  36. My rellatives every time saay that I amm killing mmy time here att net, except I know I amm
    getting knowledge aall the time bby reaading thes pleasant articles.

    Reply

  37. Admjiring the commitment you pput into your website aand detailed informatiuon you offer.
    It’sgood tto come acrss a blg every onxe inn a while that isn’t the same out off datee rehashed information. Greazt
    read! I’ve saved your site and I’m including youur RSS feeds to my Gooyle account.

    Reply

  38. I have rad so many content regaarding thee blogger lovers
    hpwever this pieece of writing is reaqlly a pleasant paragraph, keep it up.

    Reply

  39. Next time I read a blog, Hopefully it does not disappoint me as much as this one. I mean, I know it was my choice to read, however I truly believed you would have something useful to say. All I hear is a bunch of crying about something that you could possibly fix if you werent too busy looking for attention.

    Reply

  40. It’s really a nice and useful piece of info. I am happy that you shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.

    Reply