How Voting Takes Place in the Senate in Kenya

Voting in the Senate of Kenya is governed by Articles 122 and 123 of the Constitution of Kenya. These articles outline the rules and procedures for decision-making in the Senate, including how votes are cast and counted.

1. General Rules for Voting in the Senate

• Majority Rule: Unless stated otherwise by the Constitution, a simple majority of the present and voting members determines any decision in the Senate.
• Speaker’s Role:
  • The Speaker of the Senate does not have a vote.
  • In case of a tie, the question is lost (it does not pass).
• Conflict of Interest: A senator cannot vote on a matter in which they have a financial interest.
• Counting of Members: The Speaker is not counted as a senator when calculating the number of voting members.

2. The Delegation System in the Senate

What is a Delegation in the Senate?

• Each county in Kenya has one elected senator.
• Nominated senators are assigned to counties where they are registered voters.
• The elected senator of a county serves as the head of that county’s delegation.
• Example: If there are nominated senators who are registered voters in Nairobi County, the delegation for Nairobi consists of:
  • The elected senator of Nairobi (Head of Delegation).
  • Nominated senators registered as voters in Nairobi.

The delegation system is important for voting on matters that affect counties.

3. How the Senate Votes on Different Matters

A. Voting on Matters That Do Not Affect Counties

• Each senator (elected or nominated) has one vote.
• All senators vote individually.
• A simple majority carries the decision.

B. Voting on Matters That Affect Counties

• The Speaker first decides whether a matter affects counties or not.
• If the matter affects counties, the delegation voting system is used.
• Each county delegation gets one vote – cast by the head of the delegation (the elected senator).
• If the head of the delegation is absent, another member of the delegation designated by the head casts the vote.
• The elected senator must consult the other members of the delegation before casting the vote.
• A majority of all county delegations must support the motion for it to pass.

4. Summary of Senate Voting System

This dual system ensures that matters directly impacting counties are decided collectively by county delegations, while national matters are decided individually by all senators.

This is how voting takes place in the Senate of Kenya.