A power tussle between the Senate and the National Assembly has escalated, with senators moving to draft their own constitutional amendment aimed at bolstering their legislative authority.

This latest development marks a decisive step in the Senate’s persistent campaign to widen its mandate. The drafted bill, though not yet published by the Government Printer, is backed by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo.

It runs parallel to another amendment initiative being driven by the National Dialogue Committee and championed by the National Assembly.

Crafted by a team of legal minds under the leadership of Justice, Legal Affairs and Human Rights Committee Chairperson Hillary Sigei (Bomet), the Senate’s version includes contributions from senior counsels Tom Ojienda (Kisumu) and Okong’o Omogeni (Nyamira), as well as Senators Edwin Sifuna (Nairobi) and Catherine Mumma (nominated).

“We have completed the drafting process and shared the bill with fellow senators. Our objective is to strengthen the Senate’s legislative clout,” said a member involved in the drafting.

The bill was unveiled during a closed-door meeting (kamukunji) chaired by Senate Speaker Amason Kingi on Thursday.

If passed, the constitutional changes would significantly elevate the Senate’s status, granting it increased veto authority over legislation, fiscal policy, and decisions made by the National Assembly.

At present, the Constitution prohibits the Senate from initiating or handling money bills laws that relate to taxes, government spending, or borrowing leaving that mandate exclusively to the National Assembly.

Senators argue this restriction has sidelined them from key national decision-making processes and diminished their relevance in the legislative ecosystem.

Senators have long voiced concern over the frequent rejection of their bills by the National Assembly, often labelled as money bills and dismissed without progress.

“There are instances where our bills are shut down, only to reappear later with a different sponsor from the National Assembly,” one senator claimed.

To address this, the newly proposed constitutional amendment includes provisions that would give the Senate a definitive role in the national budget-making process, including the power to approve the national government's annual budget.

The proposal also seeks to extend the Senate’s oversight reach, allowing it to participate in the vetting of top state officials, such as Cabinet Secretaries, and expanding its influence over national fiscal planning.

This legislative effort has gained new momentum, particularly following a meeting with opposition leader Raila Odinga, who voiced firm support for enhancing the Senate’s authority.

“We envision a Senate that mirrors the one in the United States properly empowered with real responsibilities,” Raila stated.

The Senate’s proposed bill now mirrors, and in some ways competes with, a broader set of constitutional amendments crafted by the National Dialogue Committee (Nadco), a bipartisan task force comprising allies of Raila Odinga and President William Ruto.

Nadco’s reform package proposes sweeping changes to the governance framework, including the creation of new executive positions: a Prime Minister and two Deputy Prime Ministers, along with the establishment of a formal Leader of the Official Opposition.

It also recommends anchoring key funds in law, such as the National Government Affirmative Action Fund (overseen by women representatives) and the Senate Oversight Fund, which is intended to strengthen the Senate’s watchdog function.

As outlined in Article 255 of the Constitution, any proposed changes affecting key constitutional pillars such as the supremacy of the Constitution, national sovereignty, Kenya’s borders, the Bill of Rights, presidential term limits, judicial autonomy, the functions of Parliament, or the framework of devolution must be put to a public referendum.