Kenya’s Senate is seeking  several constitutional changes that would transform it into a fully empowered upper house with wide-ranging legislative and oversight authority, in a fresh bid to shake off the long-standing perception that it is an idle institution.

Through the Constitution of Kenya (Amendment) Bill, 2025, Senators are proposing a major restructuring of the country's legislative framework, including giving the Senate the power to initiate any law, approve the national budget, vet appointments to key offices, and veto decisions passed by the National Assembly.

The Bill, which was published on Wednesday, also seeks to entrench the Senate’s participation in the removal of state officers, create a County Assembly Fund to ensure financial independence for county legislators, and introduce a leadership structure comprising the Speaker, Majority Leader and Minority Leader.

“The principal object of the Bill is to strengthen and secure devolution. The draft Bill seeks to provide a framework to achieve this purpose by reviewing the mandate of the Senate and the National Assembly,” it reads.

If adopted, the proposed changes would bring the Senate closer in function to its counterpart in the United States, representing a significant shift in the balance of legislative power in Kenya.

At present, the Senate has limited functions and is often criticised for its narrow mandate under the current constitution. The proposed amendments are intended to address this by empowering the Senate to play a central role in law-making and national governance.

The Bill is co-sponsored by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo. It was developed by a group of senior legal minds including Justice and Legal Affairs Committee chairperson Hillary Sigei, and senior counsels Okongo Omogeni and Tom Ojienda.

The effort follows a show of bipartisan unity, coming just months after the Senate hosted opposition leader Raila Odinga, who offered strong support for the changes.

“We would like to see our Senate work like that of the US – give it proper powers and responsibilities,” Raila said in May, to loud applause from senators present.

However, the initiative has set the stage for a looming clash between the two Houses of Parliament. The National Assembly has already passed its own constitutional amendment Bill, which entrenches several government funds, including the contentious National Government Constituency Development Fund (NG-CDF) and the Senate Oversight Fund. That Bill is now before the Senate.

Senators have criticised the National Assembly’s version, raising legal concerns over the constitutionality of the NG-CDF and threatening to reject it. Whether the two chambers can find common ground remains uncertain, as both Bills must be passed by each House.

The Senate Bill proposes that legislative authority be exercised jointly by the Senate and the National Assembly, allowing any Bill to originate from either House.

“A Bill may be introduced by a member or committee in the National Assembly or the Senate,” the document states.

In a bold provision, the Bill suggests that legislation related to revenue allocation between the two levels of government may start in the Senate, while appropriation Bills may originate in the National Assembly. In both cases, the other House would retain the power to make and pass amendments.

“Where a receiving House amends an allocation or an appropriation Bill, the originating House may veto the amendments by a resolution supported by at least two-thirds of members,” it says.

The Bill also requires the Treasury Cabinet Secretary to submit annual revenue and expenditure estimates for tabling in Parliament. Committees of both Houses would then review the estimates and give recommendations before Parliament considers them.

Currently, the Senate is barred from handling money Bills—laws dealing with taxation, borrowing and government spending—limiting its influence on national financial matters. Senators have long argued that this restriction undermines their role in national governance.

The new Bill challenges that limitation and asserts that oversight over public funds should be the collective responsibility of both Houses. It proposes that the Senate and the National Assembly oversee national revenue, state organs and public spending jointly.

The Bill further proposes to give both Houses—not just the National Assembly—the authority to pass laws on how top state officers can be removed from office, marking another significant departure from the current system.

If the proposed amendments pass, they will reshape Kenya’s legislative structure, boosting the Senate’s influence in a way never seen before and potentially changing the dynamics between the two Houses of Parliament.