Installing a More Coercive Senate for Enhanced Fiscal Capacity within the Counties of Kenya

Melissa Mungai

doi:10.52907/slr.v2i1.98

Abstract

The clamour to divest the Kenyan parliament of its senate has been championed by a handful of critics who describe this parliamentary house as weak and a burden to taxpayer money. The root of such conclusions could be that the senate has legislative power that is less clear than that of the national assembly. With clearer and enhanced authority, the senate will be able to carry out its function of representing county interests at the national level effectively, more so with regard to the vertical and horizontal allocation of revenue. This paper seeks to make an argument in favour of the senate by illustrating its significant role as the custodian of devolution in Kenya and more specifically in the building of county fiscal capacity.

Highlights

Upper houses have been criticised for having both too much power and too little, for being too democratic or not democratic enough, or for being a carbon copy of the lower house.[1]
The clamour to divest the Kenyan parliament of its senate has been championed by a handful of critics who describe this parliamentary house as weak and a burden to taxpayer money. The root of such conclusions could be that the senate has legislative power that is less clear than that of the national assembly.With clearer and enhanced authority, the senate will be able to carry out its function of representing county interests at the national level effectively, more so with regard to the vertical and horizontal allocation of revenue.This paper seeks to make an argument in favour of the senate by illustrating its significant role as the custodian of devolution in Kenya and in the building of county fiscal capacity
Fiscal capacity according to Martinez-Vazquez and Boex refers to the potential ability of governments in the region to raise revenue from their own sources in order to pay for a standardised basket of public goods and services.[19]. It is one of the essential ingredients of a formula for a transfer of revenue system whose possible aim is to provide each local government with sufficient funds to deliver a centrally pre-determined level of services.[20]

Summary

Introduction

Upper houses have been criticised for having both too much power and too little, for being too democratic or not democratic enough, or for being a carbon copy of the lower house.[1].

Focus on the Senate

A Brief History of the Senate as the Custodian of Devolution

The Senate is Critical for the Counties’ Economies

Implications of a ‘Non-Senate’ Legislature on the Economies of Counties

Enhancing Senatorial Power to Install a More Coercive Senate

Recommendations and Conclusion