In 2010, Kenyans enacted a new constitution that would see a revamp of the governance systems. One of the flagship issues of the 2010 Constitution was devolution of power to the grassroots using the county governance model. Citizens would now have local control of their resources in addition to national representation at parliament.
One of the major institutional changes was the constitution of Senate. Each county elected one representative to this body, yet little was understood about the duties of this house of parliaments. Though most Kenyans understood that senate is one of the law-making organs of government, many were left wondering what the exact role of Senate is.
In addition to representing the people, the role of Legislature entails three other fundamental functions: enacting legislation, controlling the budget and overseeing the executive. Legislation and budget control constitute by themselves important instruments for Legislature to exercise its crucial oversight function.
Oversight is the crucial role of legislature in monitoring and reviewing the actions of the executive organs of government. Through this process the Legislature, ensure that: the executive is carrying out its mandate, monitor the implementation of its legislative policy and draw on these experiences for future law-making.
Senate is a national institution. It is an integral part of the National Parliament. Therefore, its operational space is national pursuing matters of great interest to the counties.
Bridge between Counties and the National Government
The constitutional role of the Senate is to provide an effective bridge between Counties and the National sphere contributing to the realization of the constitutional commitments and obligations. In tackling this task as a ‘start-up’ institution, the Senate has understandably concentrated its energies on its role as legislator. Other roles have remained comparatively undeveloped.
Legislating and conducting oversight can be described as the twin functions of any legislature. Oversight is the pro-active interaction initiated by the legislature with the executive and administration or other organs of state that encourages compliance with constitutional obligations.
The oversight role of the Senate is however limited in that it is restricted to matters concerning County and its governance institutions as well as national government where this impacts on County and its matters.
The focus of the Senate’s oversight role is determined and limited by its constitutional role. Its role is to represent the Counties and to ensure that Counties’ interests are taken into account in the national sphere.
Contrary to statements uttered by politicians in supremacy wars, the Senate is not to oversee all of national government; it is to exercise oversight over the national aspects of County government.
The body is meant to contribute to effective government by ensuring that county and national governments work effectively together. In this way, the Senate needs to respect the oversight roles of both the County Assemblies and the National Assembly.
County Assemblies and National Government
So, where does the county assembly fit it in? A County Assembly exercises exclusive oversight of the County Executive. This will include in addition to County legislative and policy agenda, oversight of programmes contained in national legislation that the County Executive is expected to implement and for which the county receives national funding. However, in situation where national revenue is allocated to County Government it exercises concurrence oversight with Senate.
The National Assembly is primarily responsible for overseeing the national executive. However, neither County Assemblies nor the National Assembly is in a position easily to identify and act upon problems with those national policies that are implemented by County Executives. The Senate is uniquely situated to fulfill this role.
In a situation where several Counties experience the same or similar problems with the implementation of national policy, senate steps in by consolidating their issues and tackling them at the national level.
The Senate provides a forum in which the Counties can engage the national executive on an issue. In this way, the Senate serves as a channel of communication between Counties and national government. The same body is entrusted with the task of guarding against the abuse of the various powers.
Senate has a dual character. It is required to act both providing a second view on certain national matters and a chamber representing distinctly county interests.
The oversight functions of the two Houses, Senate and National Assembly, differ substantially. A duplication of oversight functions can be avoided by adhering to the general constitutional oversight envisaged for each House by the Constitution.
rights have been implemented must clearly be presented to the relevant Senate committee because of its obvious impact on the Counties.
