Members of the Second Senate of the Republic of Kenya

 

Picture of Speaker of the Senate Ekwee EthuroEkwee Ethuro Speaker of the Senate

 

 

Following the conclusion of the first elections under the Constitution of Kenya 2010, 47 Senators were elected to respectively, represent each of the 47 Counties. The Senators-elect met for the first time on the 28 March 2013 and elected Mr Ekwee Ethuro proposed by the Jubilee Coalition, who in turn promptly swore them into office.

The following tables give the reader the breakdown of the membership of the Second Senate of Kenya. Obviously, the composition of the Senate members will bear special significance on account of the political party membership of individual Senators (elected and nominated).

 

Table 3.1 Party: Wiper Democratic Movement - Kenya (WDM-Kenya)

 

   
Representation
Senator
Gender

 1. 

Mombasa  County

Hassan Omar Hassan

Male

 2. 

Tana River County

Ali Bule

Male

 3. 

Kitui County

David Musila^

Male

 4. 

Machakos County

Johnston Muthama^^

Male

5.

Makueni County

Mutula Kilonzo

Male

Mutula Kilonzo Junior=

Male

6.

Women

Judith Achieng Sideny*

Female

* Nominated Woman Member of the Senate (Article 98. (1)(b))

^ Opposition Member to the Parliamentary Service Commission (Article 127. (2))

^^ Minority Chief Whip (Parliamentary Standing Order No. 2)

=Mutula Kilonzo Junior was elected Senator for Makueni County in July 2013 in a by-election following the death of his father Senator Mutula Kilonzo in April 2013. 

 

Table 3.2 Party: Orange Democratic Movement (ODM)

 

 

Representation
Senator
Gender

1.

Kwale County

Boy Juma Boy

Male

2.

Kilifi County

Stewart Madzayo

Male

3.

Taita Taveta County

Dan Mwazo

Male

4.

Wajir County

Abdirahman Ali^

Male

5.

Marsabit County

Godana Harugura

Male

6.

Busia County

Amos Wako

Male

7.

Siaya County

James Orengo

Male

8.

Kisumu County

Anyang' Nyong'o

Male

9.

Homa Bay County

!!Otieno Kajwang'

Male

Moses Kajwang'

Male

10.

Migori County

Wilfred Machage

Male

11.

Kisii County

Chris Obure

Male

12.

Nyamira County

Kennedy Mong'are Okong'o

Male

13.

Women

Janet Ongera*^^

Female

14.

Women

Elizabeth Ongoro*^^^

Female

15.

Women

Halima Abdille Mohamud*

Female

16.

Women

Agnes Nzani*

Female

17.

Youth

Kanainza Nyongesa Daisy**

Female

18.

Persons with Disabilities

!Harold Kimunge Kipchumba***

Male

!Goldliver Omondi

Female

* Nominated Woman Member of the Senate (Article 98. (1)(b))

** Nominated Member for the Youth (Article 98.(1)(c))

*** Nominated Member for Persons with Disabilities (Article 98. (1)(d)

^ Deputy Leader of the Minority Party/Coalition (Parliamentary Standing Order No. 2)

^^ Minority Deputy Chief Whip (Parliamentary Standing Order No. 2)

^^^ May preside in the absence of Speaker/D-Speaker (Article 107. 1(c))

! Nomination of Senator Kipchumba was revoked by the High Court in Nairobi on 27 Sept 2013, on account that the IEBC illegally substituted his name for that of Ms Omondi who was placed higher up in the Party Lists (Article 98. (2)(b).

!! Senator Otieno Kajwang' died suddenly on the 19th of November 2014. The ensuing by-election held on the 12th of February 2015 was won by his brother Moses Kajwang'.

 

Table 3.3 Party: The National Alliance (TNA)

 

 
Representation
Senator
Gender

1.

 Lamu County

Abu Chiaba

Male

2.

 Garissa County

Yusuf Haji

Male

3.

 Tharaka-Nithi County

Kindiki Kithure^

Male

4.

Nyandarua County

Muriuki Karue

Male

5.

Kirinyaga County

Daniel Karaba

Male

6.

 Murang'a County

Kembi Gitura^^

Male

7.

Kiambu County

Kimani wa Matangi

Male

8.

Laikipia County

G G Kariuki

Male

9.

Nakuru County

James Kiarie Mungai

Male

10.

Kajiado County

Peter Ole Mositet

Male

11.

Nairobi County

Gideon Mbuvi Sonko^^^

Male

12.

Women

Beth Wambui Mugo*&

Female

13.

Women

Emma Mbura Gertrude*

Female

14.

Women

Naisula Lesuuda*

Female

15.

Women

Joy Adhiambo Gwendo*

Female

16.

Youth

Hosea Onchwangi**

Male

17.

Persons with Disabilities

!Linet Kemunto Nyakeriga***

Female

!Ben Njoroge***

Male

  * Nominated Woman Member of the Senate (Article 98. (1)(b))

 ** Nominated Member for the Youth (Article 98.(1)(c))

*** Nominated Member for Persons with Disabilities (Article 98.(1)(d)0

^ Leader of the Majority Party/Coalition (Article 108.(2))

^^ Elected by members as the Deputy Speaker of the Senate (Article 106.(1)(b))

^^^ Majority Deputy Chief Whip (Parliamentary Standing Order No. 2)

& Majority Member to the Parliamentary Service Commission (Article 127. (2))

! Nomination of Senator Kemunto was revoked by the High Court in Nairobi on 28 Sept, 2013 on account that the IEBC illegally substituted her name for that of Ben Njoroge who was placed higher up in the Party Lists (Article 98. (2)(b). 

 

Table 3.4 Party: United Republican Party (URP)

 

 
Representation
Senator
Gender

1.

Mandera County

Billow Kerrow

Male

2.

Isiolo County

Mohammed Kuti

Male

3.

Samburu County

Sammy Leshore&

Male

4.

Uasin Gishu County

Isaac Melly

Male

5.

Elgeyo Marakwet County

Kipchumba Murkomen^

Male

6.

Nandi County

Stephen Sang

Male

7.

Narok County

Steven Ole Ntutu

Male

8.

Kericho County

Charles Keter^^

Male
9.

Bomet County

Wilfred Lesan

Male
10.

Women

Mshenga Mvita Kisasa*

Female
11.

Women

Chelule Liza*

Female
12.

Women

Dulo Fatuma Adan*

Female

*Nominated Woman Member of the Senate (Article 98. (1)(b))

^May preside in the absence of both the Speaker and D-Speaker (Article 107. 1(c))

^^Nominated as the Deputy Leader of the Majority Party/Coalition (Parliamentary Standing Order No. 2)

&Majority Member to the Parliamentary Service Commission (Article 127. (2))

 

Table 3.5 Party: National Alliance Rainbow Coalition (NARC)

 

 
Representation
Senator
Gender

 1.

Nyeri County

Mutahi Kagwe

Male

 

Table 3.6 Party: Alliance Party of Kenya (APK)

 

 
Representation
Senator
Gender

1.

Meru County

Kiraitu Murungi

Male

2.

Embu

Lenny Kivuti

Male

3.

Women

Beatrice Elachi*^

Female

 * Nominated Woman Member of the Senate (Article 98. (1)(b))

 ^ Majority Chief Whip (Parliamentary Standing Order No. 2)

 

Table 3.7 Party: Forum for the Restoration of Democracy - Kenya (FORD-K)

 

 
Representation
Senator
Gender

1.

Turkana County

John Munyes

Male

2.

Trans Nzoia County

Henry Ndiema

Male

3.

!Bungoma County

!Moses Wetangula^

Male

4.

Women

Catherine Mukite Nobwola*

Female

* Nominated Woman Member of the Senate (Article 98. (1)(b))

^ Leader of the Minority Party/Coalition (Article 108.)

! The election of Senator Wetangula was revoked on the 30 Sept 2013 by the High Court in Bungoma, and a by-election ordered on account of massive irregularities. Wetangula however retained his seat at the by-election held on the 20th of December 2013.

 

Table 3.8 Party: Kenya African National Union (KANU)

 

 
Representation
Senator
Gender

1.

Baringo County

Gideon Moi

 Male

2.

West Pokot County

John Lonyangapuo

 Male

3.

Women

Zipporah Jepchirichir Kittony*

Female

  *Nominated Woman Member of the Senate (Article 98. (1)(b))

 

Table 3.9  Party: United Democratic Forum (UDF)

 

 
Representation
Senator
Gender

1.

Kakamega County

Bonny Khalwale

Male

2.

Vihiga County

George Khaniri

Male

3.

Women

Martha Wangari*

Female

  *Nominated Woman Member of the Senate (Article 98. (1)(b))

 

No woman was directly elected to the Senate in the 2013 elections.

The combined membership of both the URP and TNA in the Senate and who between them form part of the Jubilee Coalition, constitute more than half (24) of all the directly Elected Senators in this Second Senate. Consequently, this Coalition has 10 Nominated Senators, as permitted by Article 98 through party lists.

A quorum of only 15 Senators (just over 22% of the Members) will be enough to transact most of the business in the Senate:

121. The quorum of Parliament shall be–– (b) fifteen members, in the case of the Senate.

The New Constitution has expressly given the two Houses of Parliament much leeway and flexibility, perhaps to preempt questions of legality being raised against its activities. For example, the business of the Senate cannot stop just because of a vacancy in its membership or an invited outsider happened to actively participate in its proceedings: 

124. (3) The proceedings of either House are not invalid just because of— (a) a vacancy in its membership; or (b) the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the House.

The life cycle of the Senate is tied to the holding of a general election. This means that an impeachment by the Senate, of a sitting President, will not necessitate a General Election:

102. (1) The term of each House of Parliament expires on the date of the next general election.

However, the constitution allows for limited extensions of the Senate under the exceptional circumstances of war:

102. (2) When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.
(3) The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

The 16 nominated women Senators are expected to perform delicate balancing acts when legislating given that different Counties attach different levels of importance to women issues as a matter of social-cultural fact. The Senators will need to make their voices heard within and outside of the Senate by networking with the women Members of the National Assembly and civil advocacy groups. The New Constitution is silent on the mechanism by which a Senator will be accountable to the people or when and how the people of the county can make petitions to the Senator for presentation in the Senate. 

Senators representing more populated counties may very well find themselves under pressure to somehow exert more clout and influence at the House so as not to appear to be outdone by those from smaller counties. According to Kirui and Murkomen (2011), "........ they may often pass the buck to the other House or committee, and as a result disguise their decision-making responsibility."

With the coming of the Senate as a new structure of governance in the country, it is crucial that the electoral body, the IEBC, conducts broad voter education before and after the elections, on what are the qualities of an effective Senator as well as the roles and structures of this new legislative body. Special mention here goes to the Commission on the Implementation of the Constitution (CIC) which must remain vigilant and play the important role of 'the peoples' watch-dog' on the 11th Parliament as the country transitions to bicameralism.

 

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