A senator in Kenya represents a county in Parliament, helps make laws affecting counties, participates in decisions on county funding and scrutinises how county governments spend public money.
The position matters because county services depend on both adequate funding and accountability. But a senator does not run the county government or personally decide which contractor builds a road.
Article 96 of the Constitution places the Senate at the centre of protecting counties and their governments. Here is what that means for voters.
Who does a senator represent?
Each of Kenya’s 47 counties elects one senator. Unlike a constituency MP, an elected senator represents voters across the entire county.
The Senate also includes 16 nominated women, two members representing young people and two representing persons with disabilities. The Speaker is an ex officio member.
Its central responsibility is to protect county interests within the national law-making and revenue-sharing system.
Senators help determine county funding
One of the Senate’s most consequential responsibilities concerns money.
Under Article 217, the Senate determines the basis for sharing the counties’ allocation of national revenue among the 47 county governments. It must consider recommendations from the Commission on Revenue Allocation and consult relevant stakeholders.
The Senate also considers the County Allocation of Revenue Bill, which sets out how the county share is distributed in a particular financial year.
These decisions affect the resources available for devolved services. However, an individual senator cannot independently increase their county’s allocation: funding decisions pass through the constitutional and legislative process.
They scrutinise how county money is spent
The Senate exercises oversight over national revenue allocated to county governments.
Through its committees, it examines financial accountability, including issues raised in audit reports. It can question responsible officials and seek explanations about expenditure, unsupported payments or projects that have not delivered the expected results.
The Constitution gives either House of Parliament, and its committees, powers to summon people to provide evidence or information. These are institutional powers exercised through parliamentary proceedings.
For example, if an audit flags spending on an unfinished county project, a senator can pursue answers through the Senate’s oversight process. That does not give the senator authority to take over the project or appoint its contractor.
Senators make laws affecting counties
The Senate considers, debates and approves Bills concerning county governments.
These include legislation affecting county functions and powers, county elections and county finances. Bills concerning counties generally require consideration by both the Senate and the National Assembly under the constitutional procedures.
This makes legislative work a key part of the job. Voters should look beyond public speeches and ask what a senator has contributed to Bills, amendments and committee scrutiny.
Can a senator remove a governor?
One senator cannot personally remove a governor.
The Senate has a role in determining impeachment proceedings after a county assembly passes a resolution to remove a governor.
It considers the allegations through the prescribed process, which may involve a special committee or a hearing before the full House. The governor must have an opportunity to be heard before the Senate determines the charges.
The Senate also considers impeachment charges against the President or Deputy President after the process begins in the National Assembly.
Does a senator build roads or employ county workers?
A senator’s constitutional mandate does not include running the county executive, awarding county tenders or recruiting county staff.
Article 179 places county executive authority in the county executive committee, headed by the governor. County assemblies make county laws, approve county budgets and exercise oversight over the county executive.
A senator can question failures, advocate for funding and pursue accountability. Responsibility for implementing a county project remains with the relevant county institutions.
What should voters look for in a senator?
A useful assessment goes beyond how frequently a senator appears at public events.
Voters can examine their contributions to legislation, participation in revenue-sharing debates, work on audit findings and follow-up on concerns raised by residents.
The practical question is whether the senator uses the office to secure fair treatment for the county and demand answers about public money. Those responsibilities can influence county services even though the senator does not manage them directly.
