As the 2017 general elections are approaching, it is time to question the relevance of the Senate, Kenya’s second legislative body. In posing this question, several factors come to mind. One is that a large number of Senators are now declaring their interests to vie for governorship positions, instead of striving to vie for second terms in the Senate. Why are our men and women abandoning the Senate to compete for Governorships?
One explanation is the absence of Senatorial powers to control funds and other public resources. While Governors and Members of both the National and County Assemblies hold purse strings in county funds and resources, Constituency Development Funds and bursaries by MCAs in the wards, Senators have none of these privileges thus, rendering them less ineffectual and less popular with the people they represent. In fact, many people in the counties do not know the roles of Senators.
In the beginning, prior to and after the 2013 elections, Kenyans were enthusiastic about the roles Senators should play. It was hoped that Senators would act as balancing actors in checking the legislative actions and excesses of the National Assembly. These expectations led to many politicians opting to vie for Senators, doubting the unknown fate of the newly created elective positions of Governors.
Four years down the road, Governors have become the envy of many politicians. Hopes in the Senate have been dashed. Faced with a recalcitrant National Assembly unwilling to support it financially, the Senate has been playing second fiddle in legislative affairs, more often than note clashing with the more powerful National Assembly. Consequently, in these four years, the Senate has been playing second fiddle in lawmaking affairs.
As stated in the 2010 Constitution, the roles the Senate should play are weak and abstract. The Constitution stipulates that the Senate shall oversee and protect the interests of the counties and their governments; participate in the law-making function of parliament by considering, debating and approving Bills concerning counties; determine the allocation of national revenue among counties; and to exercise oversight role over national revenue allocated to the county governments.
On the surface, these roles look convincing enough; in practice however, they have rendered the Senate a lame duck. Starved of funds, the Senate has failed to play its rightful constitutional roles in the counties. Four years down the line, its impact, if any, is yet to be felt.
The ineffectiveness of the Senate is not about the Senators; rather it is about the structure of the Constitution which gave more legislative powers to the National Assembly than the Senate. In turn, the National Assembly has used these powers to stifle the Senate.
It is this sense of powerlessness which partly explains why Senators are not keen to serve second terms in this House. They are now gunning themselves for Governorships, which promise money, resources and power.
It is this lack of power the Senate has branded the House of Retirees, even though some of the Senators are youthful. It is also this apparent powerlessness that pessimists have called for the abolition of the Senate, claiming that it is a financial burden on the tax payers. Of course, this argument misses the point, considering that the bloated National and County Assemblies are equally financial burdens on the tax payer.
As we ponder about the exodus of politicians gunning for Governorship positions in 2017, it is important that in some ways, the Governors have partly to blame for this state of affairs. By their lavish lifestyles, Governors have persuaded Kenyans and politicians to believe that if one wanted to make money quickly and live a lifestyle of glory, one must win the governorship.
The Governor leads a government, controls county funds and resources, lives in a mansion; he/she is chauffeured in expensive cars with body guards in trail; and rides on helicopters to wherever he/she would want to go in the county. The Governor is also at liberty to employ anyone in his government and proffers tenders to whomever he/she wishes to.
These lavish lifestyles of money, power and fame are some of the trappings driving politicians in the frenzy to compete for Governor in 2017.
The rush by Senators to go for Governor positions should not affect the relevance of the Senate as the key player in the devolution system. The problem has been the National Assembly which has denied the Senate operational funds in the counties.
Despite these weaknesses, calls to abolish the Senate are misplaced. What we need to do is to amend the Constitution to strengthen the Senate’s lawmaking powers, with reference to the enhancement of devolution. Properly constituted, the Senate should be the heartbeat of devolution. This should dissuade seasoned politicians from abandoning the Senate in a rush to vie for the more financially lucrative Governorships in the quest to get-rich-quickly mentality prevalent in the counties.