Senatorial position loses taste as holders to contend for governorship

Like a haunted house, the Senate is becoming an increasingly unpopular institution among the ruling elite with indications that many of the current members have set their eyes on other elective positions.

Prominent politicians appear keen to drop the “Senator” title to become either governors, MPs or women representatives. One has even indicated an interest in a Member of County Assembly seat.

Interestingly, no governor has expressed interest in being elected senator next year.

But why is the position that was so attractive in the run-up to the 2013 elections — with some considering it the “Upper House” with more powers than the “Lower” National Assembly — losing its lustre?

Dr Mutakha Kangu, who led the Task Force on Devolved Government during constitution making, perhaps best captures what is on the lips of many Kenyans about the expected “mass migration”.

“Kenyan leaders are looking for where to dip their hand in the till, they want where the execution is being done, where money is being spent,” he says.

Members of the National Assembly have, since the bicameral House came into being, flexed their muscles and overshadowed senators.

MPs have also retained some control over the Constituency Development Fund despite changes to the law while at the same time frustrating senators’ quest for money to facilitate oversight of county governments.

On their part, governors enjoy executive powers — including making appointments — and control billions of shillings in budgetary allocations.

In other words, the senators have neither the mandate nor the resources to carry out the physical development projects appreciated by the electorate, who do not fully understand the oversight role. 

Senate Majority Leader Kithure Kindiki regrets the possibility of “migration” of prominent senators to other positions and says the situation will be corrected in the 2022 elections.

“Sadly, our people tend to see leadership more in terms of physical goods and money you deliver individually. They rarely appreciate the role you play in legislation and other policy issues, which have a huge bearing on their lives,” he says.

SHALLOW INFORMATION

Prof Kindiki, who has declared his intention to pair with Deputy President William Ruto in 2022 as a running mate for the presidency, says the role of the Senate cannot be gainsaid.

“What I don’t agree with is wholesale condemnation of my colleagues. Some are motivated by higher ideals to help devolution take root. Senate is here to stay,” he says.

Murang’a Senator Kembi Gitura said some of his colleagues who have declared their intention to be governor are motivated by the need to check the wanton misuse of resources in counties.

“Many senators will be defending their seats in elections next year and those going for the governor’s seat mean well for devolution. They have seen a gap that is weighing the devolved system down and want to correct it,” Mr Gitura, the deputy senate speaker, said.

He claimed the Judiciary and the National Assembly have been frustrating the work of the Senate.

Observers say the predicament of the Senate arises from the fact that politicians did not fully understand the roles created by the 2010 Constitution.

Dr Kangu says most people have not understood the design of the Senate, adding that the framers of the Constitution made a mistake which has served to foment conflict between governors and senators.

“We borrowed from the German’s model but left out some important aspects that would have guaranteed a cordial working relationship between counties and senate,” he says.

Council of Governors chairman Peter Munya says that as “interested parties” to take over as county chiefs, some senators are misusing their mandate as the custodians of devolution. He said devolution would be better off without the Senate.

“They cannot justify their existence. They were not created to fight devolution, but to help strengthen it yet what we are seeing is ill-motive,” said Mr Munya, who is likely to defend his Meru County seat against Senator Kiraitu Murungi.  

PROSPECTS

Governors have been embroiled in a protracted fight, particularly with the Senate committee on Finance, over summonses to appear before it to answer audit queries.

Indeed, the Constitution Implementation Oversight Committee of the National Assembly has suggested that senators should be barred from participating in subsequent gubernatorial elections to avoid misusing their oversight role, but the proposal has been strongly opposed.

Senators James Orengo, Anyang’ Nyong’o, Chris Obure, Mike Sonko, Kennedy Mong’are, Hassan Omar, Boni Khalwale and James Mungai are some of those who have indicated they will seek other seats, mostly the gubernatorial one.