Article 123. Decisions of Senate
Official Constitutional Text
123. (1) On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under Article 98 (1) (a) shall be the head of the delegation.
(2) When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties.
(3) When the Senate votes on a matter that does not affect counties, each senator has one vote.
(4) Except as provided otherwise in this Constitution, in any matter in the Senate affecting counties—
(a) each county delegation shall have one vote to be cast on behalf of the county by the head of the county delegation or, in the absence of the head of the delegation, by another member of the delegation designated by the head of the delegation;
(b) the person who votes on behalf of a delegation shall determine whether or not to vote in support of, or against, the matter, after consulting the other members of the delegation; and
(c) the matter is carried only if it is supported by a majority of all the delegations.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 123 of the Kenyan Constitution establishes a unique voting system in the Senate to balance representation between individual senators and counties as distinct regions. It dictates that all senators from the same county—including the directly elected senator, nominated women, youth, and persons with disabilities representatives—collectively form a single county delegation, led by the directly elected county senator. When a vote arises, the Speaker must rule whether the issue affects county governments. On general matters that do not affect counties, each individual senator gets one ordinary vote. However, on issues that directly impact counties, voting switches to a delegation system where each of the 47 counties gets exactly one vote, cast by the head of the delegation after consulting their fellow county members, with the matter passing only if it wins a clear majority of all delegations.