The Senate’s Justice, Legal Affairs and Human Rights Committee, chaired by Bomet Senator Hillary Sigei, has kicked off stakeholder consultations on the Constitution of Kenya (Amendment) Bill, 2025, a proposal designed to strengthen devolution and resolve long-standing legislative conflicts between the National Assembly and the Senate.
Central to the debate is the bill’s plan to repeal Articles 110 and 114, which define “bills concerning counties” and “money bills.” These provisions have been at the heart of jurisdictional disputes between the two Houses of Parliament.
The Law Society of Kenya (LSK) threw its weight behind the repeal, describing it as a long-overdue fix.
“The LSK commends the proposal to repeal Articles 110 and 114,” said LSK President Faith Odhiambo. “These articles have been a persistent source of conflict, frustrating the smooth operation of bicameralism. Their removal will simplify legislative classification and is a critical step towards ending the gridlock that has undermined devolution.”
However, the LSK raised concerns over the introduction of a County Assembly Fund under Article 199A. While acknowledging the need for financial autonomy for assemblies, Odhiambo cautioned that the clause lacks adequate oversight mechanisms.
“The proposed County Assembly Fund creates a dangerous oversight vacuum and undermines the separation of powers,” she warned. “The absence of express external oversight mechanisms means assemblies would be policing themselves, a situation inconsistent with constitutional principles of accountability.”
The Senate leadership has defended the bill as a bold step toward entrenching devolution, but stakeholders stressed that reforms must not compromise checks and balances.
The bill now heads to the public participation phase across all 47 counties later this month, setting the stage for a national conversation on the future of Kenya’s bicameral system