Members of the Second Senate of the Republic of Kenya

 

Ekwee 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 19^th of November 2014. The ensuing by-election held on the 12^th 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
		Aaron Cheruiyot^1	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)). Upon his (Charles Keter) resignation from the Senate to take up a cabinet position, Senator Murkomen of Elgeyo Marakwet replaced Keter on the 15^th of December 2015 to became the Deputy Leader of the Majority Party/Coalition (Parliamentary Standing Order No. 2).

^^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)).

^{^1} Aaron Cheruiyot became the Senator for Kericho following a by-election held on the 7th of March 2016 after the resignation of Charles Keter from the Senate upon his vetting by the National Assembly following his nomination to the Cabinet by the President.

 

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 11^th Parliament as the country transitions to bicameralism.