EXPERT COMMENT: Tampering with Senate is tampering with democracy

Senate
Senate

It is folly of the highest order to entertain the idea of abolishing the Senate.

Those proposing its abolition have little or no understanding of the devolved system of governance spelled out in the Constitution and attendant legislation.

The essence of the nominated positions that some MPs also want to abolish is to access those not easy to reach — the marginalised, youth, women and other special interest persons in the assemblies. They bring diverse, independent voices to legislation, so it's wrong to scrap these positions too.

The framers of the Constitution were not wrong in creating the Senate as a protector of the devolved system of government. You shudder to hear of plans or calls to scrap counties' first line of defence — it's like removing their life support.

This is history trying to repeat itself. Before 1964 Kenya had a decentralised form of government but when the Senate was abolished, the decentralised units too were dissolved. In the 2010 Constitution Kenyans reintroduced devolved units of governance, the counties. They have had a profoundly positive impact on both governance and development.

It seems the MPs haven't appreciated this but I understand where they are coming from. It's common knowledge that most MPs don't see eye to eye with some governors and MCAs.

They are using instruments of power in the National Assembly to make laws to abolish the Senate, thinking it will help them settle their imaginary rivalries.

Without the Senate, there will be no countervailing force that will say no, thus making it easier to strangle devolution in its entirety.

MPs have an exaggerated view of their contribution to counties' development. Even now they will say the Constituency Development Fund does more than county governments, whereas what the counties have achieved in less than six years and what CDF has achieved in last 15 years are worlds apart.

We cannot expose devolved units to their rivals, the National Assembly, therefore, tampering with the Senate is tampering with democracy.

Former chair of the Transition Authority spoke to the Star

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