Kenya’s history of bicameralism dates back to 1964. The independence Constitution established a bicameral parliament, with a House of Representatives and a Senate.
The Kenya African Democratic Union (Kadu) headed by Ronald Ngala had lobbied strongly for the establishment of a Senate with a focus on devolution of power.
Statesman Ngala reasoned that a unicameral parliament, with a majority from the ruling party, could easily be controlled by the ruling regime.
Decentralisation and autonomy of regions would effectively be achieved through regional governments, then popularly known as majimbo.
The post-independence Senate had three major roles: to protect minority groups; to safeguard the autonomy of the regions; and, to originate legislations. It however, did not exist long enough to fulfil these noble functions. The constitutional amendments of 1966 cut short the life of the Senate, and switched the country back to a unicameral parliament.
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After more than 45 years of a unicameral parliament, Kenya adopted a new Constitution in 2010. This Constitution ingrained a devolved system of governance with 47 county governments, and re-established a bicameral Parliament. The establishment of the Senate embodies the heart and spirit of Ngala’s vision: A House that promotes and protects the interests of the counties and their governments.
With its high number of seasoned legislators, the Senate has passed key legislation aimed at promoting and strengthening devolution.
Under the Senate’s leadership, there has been a year-on-year increase in the amount of monies sent by the National Treasury to the counties: Sh210 billion in 2013/14 and Sh226 billion in 2014/15. Sh287 billion was allocated to the counties for the 2015/16 financial year after the Senate and National Assembly struck a compromise on the Division of Revenue Bill, 2015.
The National Assembly had proposed Sh283.7 billion to go to the counties but the Senate envisioned Sh291 billion being allocated by the National Treasury. After a month-long deadlock, a Mediation Committee found middle ground at Sh287 billion.
“I salute the three distinguished Senators Kagwe, Sen. Elachi and Sen. (Dr) Khalwale.
I can tell the House without fear of contradiction that they stood the ground, negotiated without fear and they did not fear to negotiate,” said Minority Leader, Sen Moses Wetang'ula in the House when the Mediation Committee Report was tabled and adopted last year.
“Mr Speaker, Sir,” Sen Wetang'ula added, “We stand here this afternoon to assure Kenyans that this Senate will live to its billing as the defender and protector of counties and their governments. This Senate will fight for resources to go to the counties so that we can have faster development.” During the 2016/17 financial year, The National Treasury will transfer Sh304.2 billion to the counties.
Bills passed by the Senate and National Assembly and assented to include: The Community Land Bill, 2015; The Mining Bill, 2014; The County Governments (Amendment) (No. 2) Bill, 2013;
The County Governments (Amendment) Bill, 2014; the Political Parties (Amendment) Bill, 2014; The Government Proceedings (Amendment) Bill, 2014; The Climate Change Bill, 2014 and The Fertilizers and Animal Foodstuffs (Amendment) Bill, 2013.
Various bills and amendments to bills touching on devolution and streamlining county governments’ operations have been passed by the Senate and referred to the National Assembly. Such include: The Food Security Bill, 2014; The County Early Childhood Education Bill, 2014; Office of the County Attorney Bill, 2014; The Office of the County Printer Bill, 2014 and the County Industrial Development Bill, 2014 among others.The County Industrial Development Bill, 2014 sponsored by Sen Muriuki Karue for instance aims at growing county economies by promoting and facilitating industrial development in the counties.
The bill also seeks to establish viable industries in the counties that add value to the produce in the counties and create employment opportunities within the counties through industrialization.The formation of the Senate Liaison Office (SLO) in 2014 was a direct result of a responsive Senate aimed at bridging the gap between the Senate and the County Governments.
It also facilitates interactions between the Senate and National Government and its agencies together with other institutions involved in ensuring that devolution as envisioned in the Constitution is achieved. SLO has been instrumental in facilitating attachment and training opportunities for staff serving in assemblies.
In furtherance of partnerships and collaboration the Senate and the County Assemblies Forum will hold the second annual legislative summit later in the year. The summit provides a platform to share lessons and develop common strategy to surmount the existing and potential challenges the two institutions face in steering the devolution
