Concept note for journalists #6
Legislative Powers - Senate
Introduction
The Senate primarily undertakes
legislation for the counties.
It also oversees the revenue
allocation and accountability
within counties. Article 96 of
the constitution enumerates the
roles the senate is supposed to
perform. The qualification and
disqualification of a member
of the senate are contained in
article 99 of the constitution.
Composition of the Senate; Total = 68
47 elected members from each county by
registered voters
16 women nominated by political parties
according to their party strengths
A man and a woman representing the
youth
A man and a woman representing
persons with disabilities
The speaker who is an ex-officio member
Roles of the Senate
Represent the counties at national
level and to protect the interests of the
counties and their governments
Make laws concerning the counties
Determine the allocation of national
revenue among counties
Exercise oversight over national revenue
allocated to county governments
Exercise oversight when determining
whether or not to remove the President
or Deputy President
Issues to Remember
Roles: The senate is primarily
concerned with laws and issues
regarding the counties with the
exception of when removing the
President or his or her deputy is
concerned.
Recall: Senate members can
be recalled upon a judgment
or finding by the High Court
confirming the grounds for recall.
The procedures and guidelines
regarding recall are contained in
sections 45 to 48 of the Elections
Act.
Mandate: While the senators
oversees the functions of counties
and are elected by counties, this
does not mean it is above the
national assembly. The drafters of
the constitution did envision the
senate being an ‘upper house’.