Raila backs bid to make Senate upper house

Former Prime Raila Odinga addresses the Press after attending Budget and Finance Committee's recommendations session on the Fourth Basis Revenue sharing formula at Senate Chambers, Nairobi, on May 22, 2025. [Elvis Ogina, Standard]

Former Prime Minister Raila Odinga has renewed calls for constitutional reforms to elevate the Senate to the upper house of Parliament as originally envisaged under the 2010 Constitution.

Addressing Senators during a sensitisation meeting organised by the Senate Finance Committee on the fourth basis revenue-sharing formula, Raila urged both Houses of Parliament to adhere strictly to their constitutional mandates.

His call is likely to provoke resistance from MPs, particularly over his proposal to scrap bursary funds allocated to the lawmakers, insisting they should focus solely on their oversight role.

Raila made the rare address at the invitation of Senate Speaker Amason Kingi, in an informal sitting held in recognition of hiss role as the ‘father of devolution’. The Senate is currently seeking his backing in resolving a prolonged impasse with the National Assembly on various legislative matters.

Tensions have mounted between the two Houses, with MPs on several occasions rejecting Senate-initiated Bills on grounds that they are “money Bills”—legislation constitutionally reserved for the National Assembly.

Raila told Senators that the Kenyan Senate should operate on par with the United States Senate or the British House of Lords.

“The Senate of Kenya should have powers that truly make it the upper house, enabling it to execute its responsibilities as was envisioned during the drafting of the new Constitution—while also recognising the important role the National Assembly plays in nation-building,” Raila said.

The former Prime Minister also called for the full devolution of the health, agriculture, and housing sectors, urging that these functions be accompanied by adequate funding to ensure counties can effectively deliver services.

He further advocated for county governments to be in charge of road projects within their jurisdictions, arguing that the National Assembly has no role in administering the Roads Maintenance Levy Fund, which he said falls squarely within the purview of county government.

Raila noted that counties have faced myriad challenges over the past 12 years of devolution, primarily due to underfunding.

“Devolution, if well implemented, has the potential to transform Kenya into one of the most developed nations in the world. That is why I’m advocating for counties to be adequately funded so they can manage their affairs effectively,” he said.

Vihiga Senator Godfrey Osotsi stated that Senators will push for all Bills to be approved by both the Senate and the National Assembly, citing past instances where the Senate was sidelined on crucial legislation under the pretext that they were money Bills.

According to the Constitution, a money Bill refers to legislation dealing primarily with taxation, public expenditure, or borrowing. The Senate is barred from initiating or handling such Bills—placing exclusive responsibility with the National Assembly.

Osotsi said Senators had agreed to reject the proposed Senate Oversight Fund if that would help reinforce their constitutional mandate, saying that they will not allow Members of National Assembly to use it as a smokescreen to push their selfish agenda.

Kitui Senator Enoch Wambua revealed that discussions with Raila centred on safeguarding the Senate’s role in the bicameral Parliament.

Wambua argued that no law should be passed by the National Assembly and assented to by the President without first going through the Senate.