The Senate

What are the roles and responsibilities of Kenya's Senators?
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My family instilled in me the value of hard work, service and above all responsibility for our ourselves, our community and our future.

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A political system is a framework which defines acceptable political methods within a given society. The history of political thought can be traced back to early antiquity, with works such as Plato’s Republic, Aristotle’s Politics and the works of Confucius.

The Kuwajibika Candidate’s Application Process

The information below has been prepared for independent political aspirants vying for MCA, MP, Woman Representative and Senator in Kenya’s 2022 general elections who wish to be endorsed as a Kuwajibika candidate. Please read the information carefully and confirm that you have fully understood it before proceeding with your application.

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A Senator's roles and responsibilities.

Senate’s overall function is to protect the interests of the counties and their governments. Article 96 of the Constitution provides that the Senate has a role in-

1.Law making

2.Determining allocation of national revenue among counties as per Article 217 of the Constitution and overseeing national revenue allocated to county governments; and

3.Considering and determining any resolution to impeach the President and Deputy President as per the provisions of Article 145 and 150(2) of the Constitution respectively.

A. Law Making

In exercising its legislative mandate, the Senate considers, debates, and approves Bills.
Articles 110 and 256 of the Constitution provide that Bills that may originate from the Senate are -

A. Bills concerning County Governments

Article 110 of the Constitution defines a Bill concerning County Governments as that which -

(i) contains provisions affecting the functions and powers of the County Governments as set out in the Fourth schedule;

(ii) relates to the election of members of a county assembly or a county executive; or

(iii) affects the finances of the County governments

The process of passing Bills in this category is guided by the provisions of Articles 111 through to 113 of the Constitution.

B. Bills that propose amendments to the Constitution through Parliament as envisaged in Article 256 of the Constitution.

Other than Bills that originate from the Senate, the Senate considers Bills that -

(i) originate from the National Assembly but affect county governments;

(ii) propose to amend the Constitution under Articles 256 or 257 of the Constitution;

(iii) divide the national revenue between the National and County government i.e. the Division of Revenue Bill under Article 218(a) of the Constitution.

(iv) divide the national revenue allocated to the County level of government through the Division of Revenue Bill, amongst the county governments; i.e. the County Allocation of Revenue Bill under Article 218(b)of the Constitution.

B. Allocation of National Revenue

1.Division of revenue between the National and County Governments

Article 217(1) of the Constitution mandates the Senate to determine, by resolution, the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government. In determining the basis of revenue sharing under clause (1), the Senate must-

(a) Consider the provisions of Article 203(1)of the Constitution; i.e. the national interest, the public debt and other national obligations, the needs of the national government, the need to ensure counties perform their functions, fiscal capacity and efficiency of county governments, developmental and other needs of counties, economic disparities within and among the counties, affirmative action, economic optimization of each county, the desire for stable and predictable allocations of revenues and flexibility in responding to emergencies and other temporary needs;

(b) request and consider recommendations from the Commission on Revenue Allocation;

(c) consult the county governors, the Cabinet Secretary responsible for finance and any organisation of county governments; and

(d) invite the public, including professional bodies, to make submissions to it on the matter.

While considering the Division of Revenue Bill under Article 218 of the Constitution, the Senate ensures that the counties get their share of the revenues collected at the national level.

2.County Allocation of Revenue Bill

Immediately after the approval of the Division of Revenue Bill, the Senate is charged with considering, deliberating and voting on the County Allocation of Revenue Bill which divides revenue allocated to the county level of government amongst the counties using the formula developed by the Senate every five years as per the provisions of Article 217 of the Constitution.

3.Review of any Bills dealing with sharing of revenue or any financial matter concerning County Governments

The Senate also considers recommendations made by the Commission on Revenue Allocation regarding provisions of any Bill dealing with sharing of revenue or any financial matter concerning County Governments as per the provisions of Article 205 of the Constitution.

C. Impeachment

The Senate plays a pivotal role in the process of impeaching the following State officers-

1. The President

2. The Deputy President

3. The Speaker and Deputy Speaker of the Senate

4. The Governors.

1. The President

The process of impeaching the President is outlined in Article 145 of the Constitution. The Senate is required to investigate allegations for impeachment of the President and resolve if they have been substantiated. The Senate may by resolution constitute a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate finds that the allegations have been substantiated, then the Senate shall -

(i) accord the President an opportunity to be heard; and

(ii) vote on the impeachment charges

If at least two-thirds of all Senators vote to uphold any impeachment charge, the President ceases to hold office.

2.Deputy President

The process of impeaching the Deputy President is outlined in Article 150 of the Constitution. The Senate is required to investigate allegations for impeachment of the Deputy President and resolve if they have been substantiated. The Senate, by resolution, may appoint a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate finds that the allegations have been substantiated then the Senate shall -

(i) accord the Deputy President an opportunity to be heard; and

(ii) vote on the impeachment charges.

If at least two-thirds of all Senators vote to uphold any impeachment charge, the Deputy President ceases to hold office.

3.Speaker and Deputy Speaker

Article 106(2)(c) gives the Senate the power to remove the Speaker or the Deputy Speaker from office if it passes a resolution supported by at least two-thirds of its members.

4.Governors

The process of impeaching the Governor is outlined in Article 181 of the Constitution and section 33 of the County Governments Act.

The Senate is required to investigate allegations for impeachment of the Governor and resolve if they have been substantiated. The Senate, by resolution, may appoint a Special Committee of eleven Senators to investigate the allegations. If the Special Committee of the Senate or the Senate sitting in Plenary finds that the allegations have been substantiated then the Senate shall -

(i) accord the Governor an opportunity to be heard; and

(ii) vote on the impeachment charges

If the Majority of Senators vote to uphold the impeachment charge, the Governor ceases to hold office.

If the vote to uphold the impeachment fails, then the Speaker of the Senate shall inform the Speaker of the concerned County Assembly.

A motion for removal of the Governor on the same charges may only be re-introduced in Senate on the expiry of three months from the date of the failed vote to uphold the impeachment.

Who is a Kuwajibika Candidate

A Kuwajibika candidate is one who:
(1) Demonstrates attributes of leadership and integrity,

(2) Understands and is able to articulately explain the true functions of his/her political role, and,

(3) Makes a public pledge to:

(a) Be a true REPRESENTATIVE of, and directly answerable to the people. As such, a Kuwajibika candidate, is neither in, nor answerable to any political party,

(b) Espouse the values of Kuwajibika,

(c) Conduct a clean political campaign,

(d) Keep completely scandal-free while in office, and,

(e) Be subject to performance-monitoring and discipline measures.
Why Should You Pledge to Be a Kuwajibika Candidate?
In the 2017 General Elections, only 127 out of 4002 Independent Candidates won political seats. That means only 3.1% who ran independently were successful. We recognise that the ability to organise and brand together is crucial to influencing and effecting political change for the benefit of ALL Kenyans and so by pledging as a Kuwajibika Candidate you gain:

1. An Ethical United Front. With the power of numbers that Kuwajibika offers independent candidates, you’ll be able to present a firm and united front against greed, corruption and the plundering of our nation by the corrupt political class.

2. Credibility. The Kenyan Electorate are tired of being lied to every election. The pledge is a stamp of credibility that assures the voter that you will restore power back to the people of Kenya while in office.

3. Clarity. Under Kuwajibika, you will clearly understand and articulate your role as the people’s representative. This will allow you to spend your time and government resources on what you can actually deliver to your constituents.

4. Public Performance Monitoring. This will facilitate accountability and help you remain to be seen as transparent, and reputable. You will have a clear and clean track record to present in your run for the next election.

The Kuwajibika Candidate’s Application Process

The information below has been prepared for independent political aspirants vying for MCA, MP, Woman Representative and Senator in Kenya’s 2022 general elections who wish to be endorsed as a Kuwajibika candidate. Please read the information carefully and confirm that you have fully understood it before proceeding with your application.
Non-negotiable Terms
1. You must be a Kenyan citizen and a registered voter.

2. As an independent candidate, you must NOT be a member of, allied to or supported by any political party.

3. You must NOT have been involved in, accused of, currently charged or under investigation for corruption, fraud or any criminal activity.

4. Once your registration as a Kuwajibika candidate is successful, you MUST be prepared to publicly sign the Kuwajibika candidate’s commitment and pledge (click on the following links to view the various elective positions’ pledges: Senator, MP, MCA, Woman Rep)
The Application and Approval Processes
1. Once you have read and confirmed the information herein, create an account at www.tugutuke.co.ke (this will give you access to the Tugutuke! Assembly).

2. Go to www.tugutuke.co.ke/candidate/apply or click on the “Apply” button at the bottom of this page.

3. Fill in the application form as indicated on the webpage (all information is mandatory).

4. After you have successfully filled the form, and in order to proceed to the Kuwajibika candidate vetting stage, you will be requested to make a minimum application donation by Mpesa as set down in the next page (this a nonrefundable donation which will contribute towards the administrative costs associated with the aspirants’ application processes).

For aspirants aged under 35 years on the date of application

MCA: KES 500.00
Woman Rep: KES 1,000.00
MP: KES 1,000.00
Senator: KES 1,500.00

For aspirants aged over 35 years on the date of application

MCA: KES 1,000.00
Woman Rep: KES 2,000.00
MP: KES 2,000.00
Senator: KES 3,000.00

6. Once you have passed the Kuwajibika candidate vetting process, and in order to be fully-endorsed as a Kuwajibika candidate, you will be requested to make a minimum registration donation by Mpesa as set down below (this a nonrefundable donation which will contribute towards the costs associated with supporting the successful Kuwajibika candidate’s campaign efforts):

For aspirants aged under 35 years on the date of registration

MCA: KES 2,000.00
Woman Rep: KES 5,000.00
MP: KES 5,000.00
Senator: KES 7,500.00

For aspirants aged over 35 years on the date of registration

MCA: KES 6,000.00
Woman Rep: KES 15,000.00
MP: KES 15,000.00
Senator: KES 22,500.00

The Kuwajibika Candidate Vetting Process

All applications will go through a dynamic two-stage vetting process;

(1) The Tugutuke! administration will perform due diligence vetting of applicants and rigorous background checks to establish the applicants’ character, reputation and experience by reviewing data such as financial records, civil records, education history and criminal records.

(2) The applicants will then go through a public vetting process where active citizens will, through the Tugutuke! Assembly, have an opportunity to call to attention any discrepancies in the applicants’ statements, and vet the various candidates’ attributes including but not limited to, ambition, humility, respect, integrity and emotional intelligence.

If you have successfully passed the vetting stages, you will be required to publicly take and sign the Kuwajibika Candidate’s Pledge which will hold you accountable to your voters – and Kenyans at large – both during the campaign period and your term/s in public office. Only then will you be fully- endorsed as a Kuwajibika candidate.