The First Senate, anchored in the then independence Constitution, formed one of the two Houses of Parliament. Excerpts from Chapter 4 section 34 of the Kenya Subsidiary Legislation, 1963, as the independence constitution was officially known:
34. (2) The National Assembly shall comprise 2 Houses, that is to say, a Senate and a House of Representatives.
As a house of parliament the First Senate had powers to originate non-money Bills and to make laws while working together with the lower House of Representatives:
59. (1) The power of Parliament to make laws shall be exercisable by Bills passed by both Houses of the National Assembly ....... and assented to by Her Majesty of by the Governor-General on behalf of Her Majesty.
(2) A Bill other than a money Bill may originate in either House of the National Assembly but a money Bill may originate only in the House of Representatives.
KADU's wishes for a Senate equal in power to the House of representatives were clearly not granted. Money Bills were a no-go zone for the Senators:
60. The Senate shall not: (a) proceed upon any Bill, other than a Bill sent from the House of Representatives, that in the opinion of the person presiding, makes provision for any of the following purposes: (i) for the imposition, repeal or alteration of taxation; (ii) for the imposition of any charge upon the consolidated Fund or any other fund of the Government of Kenya; (iii) for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Kenya of any monies not charged thereon or any alteration in the amount of such a payment, issue or withdrawal; or (iv) for the composition or remission of any debt-due to the Government of Kenya; (b) proceed upon any amendment to any Bill that, in the opinion of the person presiding, makes provision for any of those purposes; or (c) proceed upon any motion (including any amendment to a motion) the effect of which , in the opinion of the person presiding, would be to make provisions for any of those purposes.