The long-running tug-of-war between the Senate and National Assembly has taken a fresh turn, with Kiambu Senator Karungo Wa Thang’wa claiming MPs are holding back the Senate from exercising its constitutional powers over counties.
Speaking on Radio Generation on Thursday, Thang’wa said rivalry between the two Houses had weakened the Senate’s ability to protect county interests, approve allocations and oversee how devolved resources are used.
He pointed to Article 96 of the Constitution, which sets out the Senate’s role in protecting the interests of counties and their governments.
“The Senate draws its power from Article 96 of the Constitution, and Article 96 says that you have been mandated to protect the interest of a county,” Thang’wa said.
The senator said the National Assembly had taken on some responsibilities that were meant to fall under the Senate, creating a continuing dispute over the powers of the two Houses.
“There is a fight between the National Assembly, that is the MPs, and the Senate, because they don't want to empower the Senate because they believe if they empower the Senate, then probably they will lose power,” he said.
Thang’wa said the disagreement had created a “push and pull” between the two chambers, making it harder for the Senate to fully carry out the duties assigned to it by the Constitution.
He also defended the Senate’s involvement in the management of devolved funds, saying senators approve county allocations but do not personally receive the money.
“For me, I've done my work. I passed all these approvals. I passed the law, the relevant law, the allocations, and everything,” he said.
The Kiambu senator further criticised governors over their alleged reluctance to appear before the Senate to respond to questions concerning the use of public funds.
“We have to ask the county governors to appear before the Senate and answer questions,” he said.
He said the Council of Governors’ reported opposition to Senate summons had turned the oversight process into a political contest.
“You cannot say, ‘Oh, in Senate, we say we are not coming.’”
The remarks come as questions continue to be raised over the relationship between Kenya’s two parliamentary Houses and whether the current system reflects the structure envisaged when the 2010 Constitution was adopted.
The debate was also raised during celebrations marking 16 years since the promulgation of the Constitution on August 27.
Former Attorney General Githu Muigai questioned whether the current parliamentary arrangement remains necessary, saying the Senate was initially meant to serve as an upper chamber providing supervision over the National Assembly.
“The Senate is the Upper chamber providing elderly supervision over the National Assembly. That's how we wanted it. That's how we structured it,” he said.
Muigai said politicians later altered that arrangement during the constitution-making process.
“The politicians removed that, and now the Senate literally spend all its time looking for work to do. And the people who have suffered are the governors as a result.”
He said the changes had also affected relations between the national government and counties, particularly because of uncertainty over the Senate’s place and responsibilities within the constitutional system.
Senate Speaker Amason Kingi defended the Upper House, saying it had played a key role in protecting county interests and securing a larger share of national revenue for devolved governments.
Kingi, however, said there was a need to establish clearer rules on how the Senate and National Assembly should operate alongside each other.
“We need a clear law that would define how these two houses work,” he said.