Differences Between the National Assembly and the Senate in Kenya

Kenya’s Parliament operates under a bicameral system, meaning it has two houses: the National Assembly and the Senate. Each plays a crucial role in governance, law-making, and oversight, ensuring a balance of power between national and county governments.

The National Assembly primarily focuses on national affairs, such as passing laws, approving the budget, and overseeing the Executive. On the other hand, the Senate is tasked with protecting county interests, ensuring equitable resource allocation, and holding county governments accountable, including governors and other county officials.

Understanding the differences between these two houses is essential for anyone interested in Kenya’s political system, governance, and law-making processes. This article explores some of the differences Between the National Assembly and the Senate in Kenya.

Differences Between the National Assembly and the Senate

The differences between the National Assembly and the Senate manifest themselves in their composition, representation and their roles and functions.

Composition and membership

Article 97 of the Kenyan Constitution says the membership of the National Assembly consists of–-

• two hundred and ninety members, each elected by the registered voters of single member constituencies;
• forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency (County Women Representatives);
• twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly following Article 90 (of the Constitution), to represent special interests including the youth, persons with disabilities and workers; and
• the Speaker, who is an ex officio member.

The membership and composition of the Senate in Kenya is as follows–-

• 47 elected Members of Parliament (or Senators) representing the counties;
• 16 MPs or Senators based on 16 special seats set aside for women. Political parties nominate these members according to their proportion of elected members in the House;
• Four special seats (are) set aside for the youth and persons with disabilities. A man and a woman shall represent the youth, and another man and woman shall represent the persons with disabilities;
• The Speaker, who is an ex officio member of the Senate.

Roles and Functions

Article 95 of the Kenyan Constitution states the role of the National Assembly as follows–

• The National Assembly represents the people of the constituencies and special interests in the National Assembly.
• The National Assembly deliberates on and resolves issues of concern to the people.
• The National Assembly enacts legislation following Part 4 of Chapter 8 (of the Constitution).
• The National Assembly–
  • determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve (of the Constitution);
  • appropriates funds for expenditure by the national government and other national State organs; and
  • exercises oversight over national revenue and its expenditure.
• The National Assembly–
  • reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and
  • exercises oversight of State organs.
• The National Assembly approves declarations of war and extensions of states of emergency.

Article 96 of the Kenyan Constitution states the role of the Senate in Kenya as follows–

• considering, debating and approving bills concerning Counties;
• determining the allocation of national revenue that goes to the Counties;
• exercising oversight authority over the national revenue allocated to the County Governments;
• exercising oversight over State Officers. It considers and determines any resolution to remove the President or the Deputy President from office.

Representation

One of the fundamental differences between the National Assembly and the Senate is how they represent the people–

• National Assembly: Members of the National Assembly (MPs) represent constituencies. Kenya is divided into 290 constituencies, each electing one MP.
• Senate: Senators represent counties. Kenya has 47 counties, each electing one senator to advocate for the interests of their county at the national level.

Both houses also have nominated members, primarily to ensure gender balance and representation of special interest groups.