Senate summons all independent and constitutional commissions under Chapter 15 of the Constitution to appear before its Finance Committee for deliberations on the 2025 Budget Policy Statement.
This move, scheduled to take place at the Four Points Sheraton at Jomo Kenyatta International Airport (JKIA), has sparked unease within the National Assembly, as it is perceived as an attempt by the Senate to expand its influence over the budget-making process.
A letter addressed to Chief Registrar of the Judiciary Winfridah Mokaya indicates that the Judicial Service Commission is among the entities invited to the meeting.
Other commissions expected to appear before the committee include the Kenya National Commission on Human Rights, the National Land Commission, the Independent Electoral and Boundaries Commission, the Parliamentary Service Commission, the Judicial Service Commission, the Commission on Revenue Allocation, the Public Service Commission, the Salaries and Remuneration Commission, the Teachers Service Commission, and the National Police Service Commission.
The Auditor-General and the Controller of Budget are expected to provide recommendations on the Budget Policy Statement.
Sources within the independent offices and commissions indicate that the summons are viewed as a mere formality rather than a substantive engagement, with concerns that the Senate’s primary objective is to justify its growing interest in the national budget process.
The issue has been further complicated by a petition filed by Busia Senator Okiya Omtatah, which seeks to broaden the Senate’s constitutional role in budget determinations.
Currently, Article 96(3) of the Constitution limits the Senate’s mandate to overseeing national revenue allocated to county governments and determining revenue distribution among counties.
However, allegations persist that the Senate is dissatisfied with these defined responsibilities and is using legal action and parliamentary summons to establish a foothold in the broader budget process.
The ongoing court case seeks to grant the Senate a role in passing Appropriation Bills and overseeing the national budget, contrary to constitutional provisions under Articles 95(4) and 221, as read with the Public Finance Management Act (Cap. 412A), which reserve these functions for the National Assembly.
National Assembly leaders argue the Senate is overstepping its mandate, while governors support a constitutional amendment to give the Senate more influence.
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