Opposition chief Raila Odinga’s meeting with senators yesterday reflects a broader pattern by Government officials seeking his counsel, mirroring how top officials from both former President Uhuru Kenyatta’s and current President William Ruto’s administrations have frequented his Capitol Hill offices following his co-operation with the Kenya Kwanza government.

Since signing a memorandum of understanding with President Ruto on forming a broad-based government, Raila’s influence has grown significantly. Cabinet secretaries, principal secretaries, ambassadors, and parastatal chiefs now regularly visit his office for official engagements.

Recent visitors include Cabinet secretaries Kipchumba Murkomen (Interior), John Mbadi (National Treasury), Hassan Joho (Mining), Wycliffe Oparanya (Cooperatives), Beatrice Askul (East African Community), Opiyo Wandayi (Energy), and Chinese Ambassador Guo Haiyan, among others.

‘Upper House’ status

In his latest engagement, Raila has thrown his weight behind senators’ push to amend the Constitution to elevate the Senate as the “Upper House” in Kenya’s bicameral Parliament.

During yesterday’s rare visit to the Senate, Raila took senators down memory lane to 1963, when the first Senate chamber was constituted before being scrapped and later restored under the 2010 Constitution.

“We want the Senate to work where senators have powers and responsibility. We must empower the Senate just like the Senate in the US,” Raila said.

“Parliament is one of the institutions of governance that also allocates resources. The work of MPs is to represent, legislate and provide oversight. We have implemented the 2010 Constitution for more than 10 years, and we now know where the problems lie.”

Constitutional amendment

Raila’s visit comes barely a week after senators rejected a constitutional amendment initiative spearheaded by the National Assembly. Senators are crafting parallel proposals to alter the country’s supreme law.

The proposed Constitution of Kenya (Amendment) Bill, led by National Assembly members, seeks to embed the National Government Constituency Development Fund (NGCDF), the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund in the Constitution.

Senators who attended an informal meeting called a Kamkunji in the Senate chamber and spoke anonymously to People Daily revealed that the Senate had invited Raila, seeking his support for their constitutional amendment initiative.

“We need his support in our initiative. Raila has been consistent that the NG-CDF is unconstitutional and should be disbanded. We do not want our amendment to suffer the same fate,” said a source, who requested anonymity.

Legislative demands

Senate Deputy Minority Leader Enoch Wambua (Kitui) emphasised their determination to establish the Senate as the upper House, particularly on legislative matters.

“No law or bill should be discussed in the National Assembly and assented to by the President without first passing through the Senate. The Senate must occupy its rightful position as the upper House on matters of legislation,” Wambua declared.

Godfrey Osotsi (Vihiga) echoed Wambua’s sentiments, arguing that while the Senate exists, it has not been allowed to perform its oversight role over the national government as intended.

“We are starting a conversation demanding that all laws passed in the National Assembly must go through the Senate,” Osotsi said.

“The Senate has not been allowed to perform its constitutional role. We have seen many laws concerning devolution passed in the National Assembly without coming to the Senate.”

Money bills

Osotsi charged that since the Constitution’s promulgation, the Senate has faced discrimination in enacting crucial bills under the pretext that they are money bills. According to the Constitution, money bills – legislative proposals dealing primarily with taxation, public expenditure, or borrowing – are the National Assembly’s exclusive domain, barring the Senate from handling such matters.

However, Osotsi argued that even money bills should come to the Senate because they affect counties. He said senators would not allow their sister House to monopolise this critical responsibility, which they have been denied since the dawn of devolution 12 years ago.

Senators are willing to abandon the proposed Senate Oversight Fund if it would help reinforce their constitutional mandate.

“We have unanimously rejected the Senate Oversight Fund since National Assembly members are using it to hoodwink us while seeking to retain the illegal Constituency Development Fund,” Osotsi said.

“We do not need it but are keen on working on legislation to improve our oversight.”

Amendment controversy

Makueni Senator Daniel Maanzo emphasised the importance of addressing missteps in the devolution process since the mutilation of the Bomas draft.

“We need adequate instruments and legal backing, with every devolved function accompanied by sufficient funding,” Maanzo said.

“Senators are committed to ensuring all devolved functions are funded accordingly by making sure funds meant for health, agriculture, housing, and roads reach counties.”

Amendment team

The call to amend the Constitution and entrench oversight funds – where National Assembly members are pushing for the NGCDF – has angered senators, who now accuse their counterparts of trying to entice them into supporting the constitutional amendment.

“The Judiciary has ruled that the NG-CDF is unconstitutional, and that is our position. Even if they bring that bill here, even if they conduct public participation, that bill will collapse,” Wambua said.