THE CONSTITUTION OF KENYA, 2010
Decision by Majority: Voting Process in ParliamentPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESVoting in Parliament. 122.
Explained;Voting in Parliament
Voting is a fundamental aspect of the decision-making process in Parliament. Article 122 of the Constitution provides guidelines on how votes are conducted and determined in both the National Assembly and the Senate. According to Article 122(1), any question proposed for decision in either House of Parliament is determined by a majority of the members present and voting. This means that a question is decided based on the votes of the members who are in attendance and participating in the voting process. The majority vote determines the outcome of the question. The Speaker of the House, as outlined in Article 122(2)(a), does not have a vote. The Speaker's role is to preside over the proceedings, maintain order, and ensure that the rules of the House are followed. Therefore, the Speaker does not participate in the voting process. In the event of a tie, as stated in Article 122(2)(b), the question is considered lost. This means that if an equal number of members vote in favor and against a question, the proposal does not pass. To uphold the principle of impartiality and avoid conflicts of interest, Article 122(3) prohibits members from voting on any question in which they have a pecuniary interest. This ensures that decisions are made objectively and without personal gain influencing the voting process. In terms of counting members for voting purposes, Article 122(4) specifies that the Speaker of the House is not included in the count. The Speaker's role is distinct from that of a regular member, and therefore, their presence is not considered when determining the number of members required for voting. In conclusion, Article 122 of the Constitution outlines the rules and procedures for voting in Parliament. A majority of the members present and voting determines the outcome of a question. The Speaker does not have a vote, and in the case of a tie, the question is considered lost. Members are prohibited from voting on questions in which they have a pecuniary interest, and the Speaker is not included in the count for voting purposes.
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Establishing Quorum: Ensuring Representation in ParliamentPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESQuorum.
Explained;Quorum
Quorum refers to the minimum number of members required for a legislative body to conduct its business. Article 121 of the Constitution specifies the quorum for both the National Assembly and the Senate in Kenya. For the National Assembly, the quorum is set at fifty members. This means that at least fifty members must be present for the National Assembly to proceed with its business. If the number falls below fifty, the National Assembly cannot make decisions or pass legislation. For the Senate, the quorum is set at fifteen members. Similar to the National Assembly, the Senate requires a minimum of fifteen members to be present in order to conduct its business. If the number falls below fifteen, the Senate cannot proceed with its deliberations. The establishment of quorum ensures that there is sufficient representation and participation of members in the legislative process. It prevents decisions from being made or legislation from being passed without the presence of a significant number of members. Quorum requirements also serve to maintain the integrity and legitimacy of the legislative body. It ensures that decisions are made with the involvement of a substantial number of elected representatives, reflecting the will of the people. In conclusion, the quorum for the National Assembly is set at fifty members, while the quorum for the Senate is set at fifteen members. These quorum requirements ensure that there is sufficient representation and participation of elected members in the decision-making process, thereby upholding the integrity and legitimacy of the legislative body. Promoting Linguistic Inclusivity: Official Languages of ParliamentPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESOfficial languages of Parliament. 120.
Explained;Official Languages of Parliament
The official languages of Parliament in Kenya are Kiswahili, English, and Kenyan Sign Language. This is outlined in Article 120(1) of the Constitution. The use of these languages allows for effective communication and understanding among members of Parliament and ensures inclusivity for all Kenyan citizens. According to the Constitution, the business of Parliament may be conducted in any of these three languages. This means that debates, discussions, and proceedings in Parliament can take place in Kiswahili, English, or Kenyan Sign Language. This provision recognizes the linguistic diversity of the country and ensures that all citizens can fully participate and engage in the legislative process. In the event of a conflict between different language versions of an Act of Parliament, Article 120(2) states that the version signed by the President shall prevail. This provision ensures consistency and clarity in the interpretation and application of legislation, as the version signed by the President carries the highest authority. The use of multiple languages in Parliament reflects the commitment of the Kenyan government to promote inclusivity, accessibility, and effective communication. By recognizing Kiswahili, English, and Kenyan Sign Language as official languages, Parliament ensures that members of different linguistic backgrounds can fully understand and participate in the legislative process. This linguistic diversity also reflects the cultural richness of Kenya and strengthens national identity. It allows for the expression of different perspectives, ideas, and opinions, contributing to well-rounded and comprehensive decision-making. In conclusion, the official languages of Parliament in Kenya are Kiswahili, English, and Kenyan Sign Language. Parliament conducts its business in these languages to facilitate effective communication and inclusivity. In case of conflicts between different language versions of legislation, the version signed by the President takes precedence. The use of multiple languages in Parliament promotes accessibility, inclusivity, and the expression of diverse perspectives in the legislative process. PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESRight to petition Parliament. 119.
Explained;The right to petition Parliament is a fundamental democratic right that allows individuals to bring matters of concern to the attention of their elected representatives. Article 119 of the Constitution recognizes and protects this right, ensuring that every person has the opportunity to petition Parliament on any matter within its authority.
Under this provision, individuals have the right to request that Parliament consider any issue, including the enactment, amendment, or repeal of legislation. This means that citizens can engage with Parliament and influence the legislative process by submitting petitions that express their concerns, make suggestions, or advocate for specific changes to the law. Parliament is responsible for creating procedures that govern the exercise of this right. These procedures outline the steps individuals must follow to submit a petition, the format and content requirements, and the process by which petitions are reviewed and considered by Parliament. The purpose of establishing these procedures is to ensure that the right to petition is exercised in an organized and effective manner. The right to petition Parliament serves as a vital mechanism for citizen participation and engagement in the democratic process. It provides an avenue for individuals, groups, and organizations to raise awareness about important issues, have their voices heard by decision-makers, and advocate for change. Petitions can be a powerful tool for influencing public policy and shaping the legislative agenda. By recognizing the right to petition Parliament, the Constitution promotes transparency, accountability, and responsiveness in governance. It allows the concerns and aspirations of the people to be brought forward and considered by the elected representatives, thus strengthening the democratic foundation of the country. In conclusion, Article 119 of the Constitution guarantees every person the right to petition Parliament on any matter within its authority. This right enables individuals to engage with Parliament, express their concerns, and advocate for legislative changes. Parliament is responsible for establishing procedures to facilitate the exercise of this right. The right to petition is a crucial element of democratic governance, promoting citizen participation and ensuring that the voices of the people are heard in the decision-making process. Promoting Public Access and Participation in ParliamentPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESPublic access and participation. 118.
Explained;Public Access and Participation
Public access and participation are essential elements of democratic governance. They ensure transparency, accountability, and the inclusion of diverse perspectives in the decision-making process. Article 118 of the Constitution outlines the principles that Parliament must adhere to in order to promote public access and participation. Firstly, Parliament is required to conduct its business in an open manner. This means that the sittings of Parliament and its committees must be open to the public. This openness allows citizens to observe the proceedings, understand the issues being discussed, and hold their elected representatives accountable. Furthermore, Parliament is mandated to facilitate public participation and involvement in the legislative and other business conducted by Parliament and its committees. This means that citizens should have the opportunity to contribute to the law-making process, provide input on policies and bills, and engage in discussions with members of Parliament. It is important to note that while public access and participation are crucial, there may be exceptional circumstances where the exclusion of the public or media from a sitting is justified. In such cases, the Speaker of Parliament must determine that there are justifiable reasons for the exclusion. This provision ensures that there is a balance between transparency and the need for confidentiality in sensitive matters. Public access and participation in Parliament contribute to the legitimacy and effectiveness of the democratic process. By allowing citizens to witness the decision-making process firsthand, it fosters trust, accountability, and public confidence in the institutions of governance. In conclusion, Article 118 of the Constitution emphasizes the importance of public access and participation in Parliament. It requires Parliament to conduct its business in an open manner, allowing the public to attend its sittings and committees. Parliament is also mandated to facilitate public participation in legislative and other matters. However, in exceptional circumstances, the exclusion of the public or media may be justified, as determined by the Speaker. Striking a balance between transparency and confidentiality is essential to uphold the principles of democracy. Understanding Powers, Privileges, and Immunities in ParliamentPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESPowers, privileges and immunities. 117.
Explained;Powers, Privileges, and Immunities
Freedom of speech and debate in Parliament is a fundamental aspect of democratic governance. It allows members of Parliament to express their opinions, engage in discussions, and contribute to the decision-making process without fear of repercussions. This freedom is enshrined in Article 117(1) of the Constitution. In addition to freedom of speech and debate, Parliament also has the authority to establish powers, privileges, and immunities for itself, its committees, and its members. These powers, privileges, and immunities are necessary to ensure the orderly and effective discharge of the business of Parliament. The term "powers" refers to the authority granted to Parliament to carry out its functions and exercise its legislative, oversight, and representative roles. These powers enable Parliament to make laws, scrutinize government actions, and hold the executive branch accountable. The term "privileges" refers to the special rights and advantages that are granted to members of Parliament to enable them to perform their duties effectively. These privileges may include, but are not limited to, freedom from arrest in civil cases during the session of Parliament, exemption from jury duty, and protection from legal actions arising from their speeches and actions in Parliament. The term "immunities" refers to the legal protections granted to members of Parliament to ensure their independence and freedom from interference. These immunities may include protection from legal action for statements made in Parliament, exemption from search and seizure, and immunity from civil and criminal proceedings for actions taken in the course of their duties. Parliament may also confer powers, privileges, and immunities on specific individuals such as the leader of the majority party, the leader of the minority party, the chairpersons of committees, and other key positions within Parliament. This is done to enable these individuals to effectively carry out their respective roles and responsibilities. It is important to note that while these powers, privileges, and immunities are necessary for the functioning of Parliament, they are not absolute. They are subject to the Constitution and the rule of law, and should be exercised in a manner that is consistent with democratic principles and the public interest. In conclusion, the freedom of speech and debate in Parliament is protected by the Constitution. Parliament also has the authority to establish powers, privileges, and immunities for itself, its committees, and its members to ensure the orderly and effective discharge of its business. These powers, privileges, and immunities play a crucial role in upholding the independence and effectiveness of Parliament as an institution of democratic governance. Provisions for the Coming into Force of Laws in KenyaPART 4—PROCEDURES FOR ENACTING LEGISLATIONComing into force of laws. 116.
Explained;Article 116 of the Constitution of Kenya outlines the provisions for the coming into force of laws. The following rules apply:
Firstly, once a Bill has been passed by Parliament and assented to by the President, it must be published in the Gazette as an Act of Parliament within seven days after the President's assent. Publication in the Gazette is the official notification that the Bill has become law. Secondly, unless otherwise specified in the Act itself, an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette. This means that the law becomes applicable and enforceable after a period of fourteen days from the date of publication. Thirdly, there is an exception regarding the coming into force of Acts of Parliament that confer a direct pecuniary interest on members of Parliament. In such cases, the Act does not come into force until after the next general election of members of Parliament. This provision is in place to prevent any conflicts of interest or undue advantage for members of Parliament. Lastly, it is important to note that Clause (3) does not apply to interests that members of Parliament have as members of the public. This means that if an Act of Parliament confers a pecuniary interest that is unrelated to their role as members of Parliament, the Act can still come into force without waiting for the next general election. These provisions ensure transparency and accountability in the implementation of laws. The publication of Acts of Parliament in the Gazette provides public notice of the new laws, allowing individuals and organizations to familiarize themselves with the legal requirements. The exception for Acts that confer a direct pecuniary interest on members of Parliament helps to maintain the integrity of the legislative process and prevent any potential conflicts of interest. In conclusion, Article 116 of the Constitution of Kenya provides provisions for the coming into force of laws. Acts of Parliament come into force on the fourteenth day after their publication in the Gazette, unless a different date or time is specified in the Act itself. However, Acts that confer a direct pecuniary interest on members of Parliament do not come into force until after the next general election, with the exception of interests held by members of Parliament as members of the public. Provisions for Presidential Assent and Referral of Bills in KenyaPART 4—PROCEDURES FOR ENACTING LEGISLATIONPresidential assent and referral. 115.
Explained;Article 115 of the Constitution of Kenya outlines the provisions for presidential assent and referral of Bills. The following rules apply:
Firstly, within fourteen days of receiving a Bill from Parliament, the President has two options:
Secondly, if the President refers a Bill back to Parliament for reconsideration, Parliament has two courses of action:
Thirdly, if Parliament amends the Bill to fully accommodate the President's reservations, the Speaker of the appropriate House (National Assembly or Senate) will resubmit the Bill to the President for assent. Fourthly, if Parliament, after considering the President's reservations, passes the Bill a second time without fully accommodating the President's reservations, a special voting procedure is required:
Fifthly, if Parliament passes the Bill under the conditions specified in clause (4), the Speaker of the appropriate House will resubmit the Bill to the President within seven days. Lastly, if the President does not assent to the Bill or refer it back within the prescribed period of fourteen days, or if the President does not assent to it under the conditions of clause (5)(b), the Bill is considered to have been assented to after the expiry of that period. These provisions ensure that the President has the opportunity to review and provide input on Bills passed by Parliament. The President can either assent to a Bill, refer it back for reconsideration, or not take any action within the specified time frame. It is the role of Parliament to consider the President's reservations and either amend the Bill or pass it again with the required level of support. In conclusion, Article 115 of the Constitution of Kenya provides provisions for presidential assent and referral of Bills. The President has the option to either assent to a Bill or refer it back to Parliament for reconsideration. Parliament can then either amend the Bill or pass it again with the required level of support. These provisions ensure a system of checks and balances between the Executive and the Legislature in the process of enacting laws. Provisions for Money Bills in Kenya's Legislative ProcessPART 4—PROCEDURES FOR ENACTING LEGISLATIONMoney Bills. 114.
Explained;Article 114 of the Constitution of Kenya outlines the provisions for money Bills. The following rules apply:
Firstly, a money Bill is defined as a Bill that contains provisions dealing with specific matters listed in clause (3) of the article. A money Bill may not address any matter other than those mentioned in the definition. Secondly, if the Speaker of the National Assembly determines that a motion pertains to a matter listed in the definition of a money Bill, the Assembly can only proceed in accordance with the recommendation of the relevant Committee of the Assembly. This means that the Assembly must follow the guidance and advice provided by the committee after considering the views of the Cabinet Secretary responsible for finance. Thirdly, the definition of a money Bill, as specified in the Constitution, includes provisions related to the following matters:
Lastly, in clause (4), it is clarified that the terms "tax," "public money," and "loan" do not include any tax, public money, or loan that is raised by a county. This means that the provisions regarding money Bills apply to matters at the national level and do not extend to taxes, public money, or loans raised by counties. These provisions ensure that money Bills, which primarily deal with financial matters, are properly handled and regulated. The definition of a money Bill restricts its scope to specific financial matters listed in the Constitution. The involvement of the relevant Committee of the National Assembly, along with the views of the Cabinet Secretary responsible for finance, helps to ensure transparency and proper consideration of financial legislation. In conclusion, Article 114 of the Constitution of Kenya provides provisions for money Bills. These Bills are restricted to dealing with matters related to taxes, charges, public money, loans, and other incidental matters. The Speaker of the National Assembly, in consultation with the relevant Committee and the Cabinet Secretary responsible for finance, plays a crucial role in ensuring that money Bills are handled appropriately. Provisions for Mediation Committees in Kenya's Legislative ProcessPART 4—PROCEDURES FOR ENACTING LEGISLATIONMediation committees. 113.
Explained;Article 113 of the Constitution of Kenya outlines the provisions for mediation committees when a Bill is referred to them under Article 112. The following rules apply:
Firstly, if a Bill is referred to a mediation committee, the Speakers of both Houses of Parliament shall appoint the committee. The mediation committee consists of an equal number of members from each House. This ensures a balanced representation from both Houses in the committee. Secondly, the role of the mediation committee is to attempt to develop a version of the Bill that both Houses will pass. The committee engages in negotiations and discussions to find a consensus on the content and provisions of the Bill. Thirdly, if the mediation committee reaches an agreement and develops a version of the Bill that is acceptable to both Houses, each House will vote to approve or reject that version of the Bill. This ensures that both Houses have an opportunity to review and decide on the proposed version. Fourthly, if both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly has the responsibility to refer the Bill to the President within seven days for assent. This means that if both Houses agree on the proposed version, the Bill proceeds to the final stage of assent by the President. Lastly, if the mediation committee fails to reach an agreement on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is considered defeated. This means that if the committee is unable to find a consensus or if either House rejects the proposed version, the Bill does not proceed further and is not enacted into law. These provisions ensure that when a Bill is referred to a mediation committee, efforts are made to find a version that both Houses can agree upon. The equal representation of members from both Houses in the committee promotes fairness and balance. The requirement for approval by both Houses and the possibility of rejection ensure that the decision-making process involves the collective will of both Houses. In conclusion, Article 113 of the Constitution of Kenya provides provisions for mediation committees when a Bill is referred to them under Article 112. The committee consists of members from both Houses and aims to develop a version of the Bill that both Houses will pass. If a consensus is reached, the Bill proceeds to the President for assent. If the committee fails to reach an agreement or if the proposed version is rejected, the Bill is considered defeated. Provisions for Ordinary Bills Concerning County Governments in KenyaPART 4—PROCEDURES FOR ENACTING LEGISLATIONOrdinary Bills concerning county governments. 112.
Explained;Article 112 of the Constitution of Kenya outlines the provisions for ordinary Bills concerning county governments. The following rules apply:
Firstly, if one House of Parliament passes an ordinary Bill concerning counties, and the second House responds in one of two ways: (a) If the second House rejects the Bill, it shall be referred to a mediation committee appointed under Article 113. This means that a committee will be formed to mediate and find a resolution between the two Houses regarding the rejected Bill. (b) If the second House passes the Bill but in an amended form, it shall be referred back to the originating House for reconsideration. This means that the Bill, with the amendments made by the second House, will be sent back to the House where it originated for further review and deliberation. Secondly, after the originating House has reconsidered a Bill referred back to it under clause (1) (b), it can respond in one of two ways: (a) If the originating House passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent. This means that if the originating House agrees with the amendments made by the second House, the Bill will be sent to the President for final approval. (b) If the originating House rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113. This means that if the originating House disagrees with the amendments made by the second House, a mediation committee will be formed to find a resolution. These provisions ensure that ordinary Bills concerning county governments go through a process of review and deliberation between the two Houses of Parliament. If the second House rejects the Bill or passes it with amendments, the originating House has the opportunity to reconsider the Bill. If the originating House agrees with the amendments, the Bill proceeds to the President for assent. If there is disagreement, a mediation committee is formed to find a resolution. In conclusion, Article 112 of the Constitution of Kenya provides provisions for ordinary Bills concerning county governments. The second House can either reject the Bill or pass it with amendments, and the originating House can either pass the Bill as amended or reject it. The involvement of a mediation committee ensures that any disagreements can be resolved through dialogue and negotiation. Provisions for Special Bills Concerning County Governments in KenyaPART 4—PROCEDURES FOR ENACTING LEGISLATIONSpecial Bills concerning county governments. 111.
Explained;Article 111 of the Constitution of Kenya outlines the provisions for special Bills concerning county governments. The following rules apply:
Firstly, a special Bill concerning a county government follows the same process as an ordinary Bill concerning county government, with two exceptions specified in clauses (2) and (3). Secondly, the National Assembly has the power to amend or veto a special Bill that has been passed by the Senate. However, this can only be done through a resolution supported by at least two-thirds of the members of the National Assembly. This means that a significant majority of the members must support the resolution for any amendments or veto to be made. Thirdly, if a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the National Assembly has the responsibility to refer the Bill, in the form adopted by the Senate, to the President for assent. This means that if the resolution to amend or veto the Bill does not receive the necessary support, the Bill will be sent to the President in its original form as passed by the Senate. These provisions ensure that special Bills concerning county governments go through a similar process as ordinary Bills but with the additional requirement of a two-thirds majority support in the National Assembly for any amendments or veto. This emphasizes the importance of consensus and a significant level of agreement among the members of the National Assembly. If the resolution fails, the Bill is sent to the President for assent in the form passed by the Senate. In conclusion, Article 111 of the Constitution of Kenya provides provisions for special Bills concerning county governments. They follow a similar process as ordinary Bills but with the requirement of a two-thirds majority support in the National Assembly for any amendments or veto. If the resolution fails, the Bill is sent to the President for assent in the form passed by the Senate. Provisions for Bills Concerning County Government in KenyaPART 4—PROCEDURES FOR ENACTING LEGISLATIONBills concerning county government. 110.
Explained;Article 110 of the Constitution of Kenya provides provisions regarding Bills concerning county government. The following rules are outlined in this article:
Firstly, a "Bill concerning county government" is defined as a Bill that contains provisions affecting the functions and powers of the county governments as set out in the Fourth Schedule of the Constitution. This includes Bills that relate to the election of members of a county assembly or a county executive, as well as Bills mentioned in Chapter Twelve that affect the finances of county governments. Secondly, a Bill concerning county governments can be classified as either a special Bill or an ordinary Bill, depending on its nature.
Thirdly, before either House of Parliament considers a Bill, the Speakers of both the National Assembly and the Senate must jointly resolve any questions related to whether the Bill concerns counties and, if it does, determine whether it is a special Bill or an ordinary Bill. Fourthly, once a Bill concerning county government has been passed by one House of Parliament, the Speaker of that House must refer it to the Speaker of the other House for consideration. Finally, if both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated must refer the Bill to the President for assent within seven days. These provisions ensure that Bills concerning county government are given appropriate consideration and follow a specific process. The definition of a Bill concerning county government covers various aspects related to county governance, such as functions, powers, elections, and finances. The classification of special and ordinary Bills determines the specific procedures for considering these Bills. The involvement of the Speakers of both Houses and the requirement for both Houses to pass the Bill in the same form ensure a thorough and fair process. In conclusion, Article 110 of the Constitution of Kenya provides provisions for Bills concerning county government. It defines the scope of such Bills, distinguishes between special and ordinary Bills, requires the resolution of questions by the Speakers, mandates the referral of the Bill between Houses, and sets the timeline for submitting the Bill to the President for assent. Exercise of Legislative Powers in Kenya's ParliamentPART 4—PROCEDURES FOR ENACTING LEGISLATIONExercise of legislative powers. 109.
Explained;Article 109 of the Constitution of Kenya outlines the provisions regarding the exercise of legislative powers by Parliament. According to this article, the following rules apply:
Firstly, Parliament exercises its legislative power through Bills that are passed by Parliament and subsequently assented to by the President. This means that for a Bill to become law, it must go through the legislative process in Parliament and receive the President's approval. Secondly, any Bill can originate in the National Assembly. This means that Bills can be introduced and initiated in the lower house of Parliament. Thirdly, a Bill that does not concern county government is considered and discussed only in the National Assembly. The National Assembly must pass the Bill in accordance with Article 122 of the Constitution and the Standing Orders of the Assembly. This ensures that Bills not related to county government are solely dealt with in the National Assembly. Fourthly, a Bill that concerns county government may originate in either the National Assembly or the Senate. These Bills, which have an impact on county-level governance, are passed in accordance with Articles 110 to 113, Articles 122 and 123 of the Constitution, and the Standing Orders of the respective Houses. This ensures that Bills related to county government are appropriately discussed and passed by both houses of Parliament. Fifthly, any member or committee of the relevant House of Parliament can introduce a Bill. This means that any member of Parliament or a committee has the authority to propose a Bill for consideration. However, it is important to note that a money Bill, which deals with matters related to taxation or public expenditure, can only be introduced in the National Assembly in accordance with Article 114 of the Constitution. These provisions ensure that the legislative powers of Parliament are exercised in a structured and democratic manner. Bills can originate from the National Assembly, and depending on their subject matter, they are either solely considered in the National Assembly or require the involvement of both the National Assembly and the Senate. Members of Parliament and committees play a crucial role in introducing Bills, with specific rules in place for money Bills. In conclusion, Article 109 of the Constitution of Kenya outlines the procedures for the exercise of legislative powers by Parliament. Bills are passed by Parliament and assented to by the President. They can originate in the National Assembly, and depending on their subject matter, may be considered solely in the National Assembly or require the involvement of both the National Assembly and the Senate. Members of Parliament and committees have the authority to introduce Bills, with specific rules in place for money Bills. Provisions for Party Leaders in Kenya's National AssemblyPART 3—OFFICES OF PARLIAMENTParty leaders. 108.
Explained;In Article 108 of the Constitution of Kenya, the provisions regarding party leaders in the National Assembly are outlined. According to this article, the following rules apply:
Firstly, there shall be a leader of the majority party and a leader of the minority party. These leaders play important roles in the National Assembly. Secondly, the leader of the majority party is determined by the leader in the National Assembly of the largest party or coalition of parties. This means that the leader of the majority party is the person who leads the largest political party or coalition of parties in the National Assembly. Thirdly, the leader of the minority party is determined by the leader in the National Assembly of the second largest party or coalition of parties. This means that the leader of the minority party is the person who leads the second largest political party or coalition of parties in the National Assembly. Lastly, in the National Assembly, a specific order of precedence is observed. Firstly, the Speaker of the National Assembly holds the highest position in terms of precedence. Secondly, the leader of the majority party holds the second position. Lastly, the leader of the minority party holds the third position in terms of precedence. These provisions ensure that there is clear leadership and representation for both the majority and minority parties in the National Assembly. The leader of the majority party represents the interests of the largest political group, while the leader of the minority party represents the interests of the second largest political group. The order of precedence in the National Assembly ensures that the Speaker, leader of the majority party, and leader of the minority party are given due recognition and influence in parliamentary proceedings. In conclusion, Article 108 of the Constitution of Kenya outlines the provisions for party leaders in the National Assembly. There is a leader of the majority party and a leader of the minority party. The leader of the majority party is determined by the leader of the largest party or coalition of parties, while the leader of the minority party is determined by the leader of the second largest party or coalition of parties. In the National Assembly, the Speaker holds the highest position of precedence, followed by the leader of the majority party and the leader of the minority party. Provisions for Presiding Officers in Kenya's ParliamentPART 3—OFFICES OF PARLIAMENTPresiding in Parliament. 107.
Explained;In Article 107 of the Constitution of Kenya, the provisions regarding the presiding officers in Parliament are outlined. According to this article, at any sitting of a House of Parliament, the following rules apply:
Firstly, the Speaker presides over the sitting. The Speaker, who is elected by the House of Parliament, takes on the role of the presiding officer and is responsible for maintaining order and ensuring the smooth conduct of the proceedings. Secondly, in the absence of the Speaker, the Deputy Speaker assumes the role of the presiding officer. The Deputy Speaker, who is also elected by the House, acts as a substitute for the Speaker and carries out the same responsibilities in the absence of the Speaker. Thirdly, if both the Speaker and the Deputy Speaker are absent, another member of the House is elected by the House to preside over the sitting. This ensures that there is always a presiding officer present to oversee the proceedings, even in the absence of the Speaker and Deputy Speaker. Additionally, in the case of a joint sitting of the Houses of Parliament, a different rule applies. The Speaker of the National Assembly, who is the presiding officer of the lower house, presides over the joint sitting. The Speaker of the Senate, who is the presiding officer of the upper house, assists the Speaker of the National Assembly in presiding over the joint sitting. This provision ensures that there is proper leadership and order during the sittings of Parliament. The Speaker, Deputy Speaker, and other elected members are responsible for the smooth functioning of the House and maintaining decorum in the proceedings. In the case of a joint sitting, the Speaker of the National Assembly takes the lead, with the assistance of the Speaker of the Senate. In conclusion, Article 107 of the Constitution of Kenya outlines the rules for presiding officers in Parliament. The Speaker presides over the sittings of the House, followed by the Deputy Speaker in the absence of the Speaker. If both are absent, another member of the House is elected to preside. In joint sittings, the Speaker of the National Assembly presides, with the assistance of the Speaker of the Senate. Provisions for Speakers and Deputy Speakers of Parliament in KenyaPART 3—OFFICES OF PARLIAMENTSpeakers and Deputy Speakers of Parliament. 106.
Explained;The Constitution of Kenya, in Article 106, outlines the provisions regarding the Speakers and Deputy Speakers of Parliament. According to this article, there shall be a Speaker for each House of Parliament, and a Deputy Speaker for each House of Parliament.
The Speaker is elected by the respective House of Parliament in accordance with the Standing Orders. The Speaker must be a person who is qualified to be elected as a member of Parliament, but is not currently a member. This ensures that the Speaker is impartial and independent, as they are not affiliated with any political party or constituency. On the other hand, the Deputy Speaker is elected by the respective House of Parliament from among its own members. This means that the Deputy Speaker must be a current member of the House. The office of Speaker or Deputy Speaker becomes vacant under certain circumstances. Firstly, when a new House of Parliament first meets after an election, the office becomes vacant. This allows for the election of a new Speaker and Deputy Speaker in line with the new composition of the House. Secondly, if the office holder, as a member of the relevant House, vacates office under Article 103, the office of Speaker or Deputy Speaker also becomes vacant. Article 103 outlines the grounds for vacation of office by a member of Parliament, such as resignation, disqualification, or expulsion. Thirdly, if the relevant House passes a resolution supported by at least two-thirds of its members, the office of Speaker or Deputy Speaker can become vacant. This provides a mechanism for the House to remove the Speaker or Deputy Speaker if necessary. Lastly, if the office holder resigns from office by submitting a letter addressed to the relevant House, the office becomes vacant. This allows for voluntary resignation by the Speaker or Deputy Speaker. In conclusion, the Constitution of Kenya provides for the election of a Speaker and Deputy Speaker for each House of Parliament. The Speaker is elected from among persons qualified to be elected as members of Parliament but are not currently members, while the Deputy Speaker is elected from among the members of the House. The office of Speaker or Deputy Speaker becomes vacant in various circumstances, including after an election, if the office holder vacates office as a member of Parliament, if the House passes a resolution, or if the office holder resigns. These provisions ensure the smooth functioning and independence of the Speakers and Deputy Speakers of Parliament. Determination of Questions of Membership in the Kenyan ParliamentPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTDetermination of questions of membership. 105.
Explained;In Kenya, the Constitution grants the High Court the authority to hear and determine questions regarding membership in the Parliament [1]. This provision is outlined in Article 105.
According to Article 105(1), the High Court is responsible for hearing and determining two types of questions. Firstly, it can determine whether a person has been validly elected as a member of Parliament [1]. This ensures that the election process is fair and that only eligible candidates are elected to serve in Parliament. Secondly, the High Court can determine whether the seat of a member has become vacant [1]. This is crucial to maintain the integrity of Parliament and to address situations where a member's seat becomes vacant due to various reasons. Article 105(2) sets a timeline for the hearing and determination of these questions [1]. It states that such questions should be heard anddetermined within six months of the date of lodging the petition. This provision emphasizes the need for a timely resolution of questions of membership to avoid prolonged uncertainty and ensure the smooth functioning of Parliament. To give full effect to Article 105, Parliament is required to enact legislation [1]. This legislation would provide the necessary framework and procedures for the hearing and determination of questions of membership. It would also establish guidelines for the submission and processing of petitions related to membership in Parliament. By enacting this legislation, Parliament can ensure that the process is transparent, fair, and consistent. The determination of questions of membership is a crucial aspect of maintaining the integrity and legitimacy of the Kenyan Parliament. It ensures that only validly elected individuals occupy parliamentary seats and that vacancies are promptly addressed. By empowering the High Court to handle these matters and setting a specific timeline, the Constitution emphasizes the importance of a swift resolution. In conclusion, Article 105 of the Kenyan Constitution grants the High Court the authority to hear and determine questions of membership in Parliament. The provision establishes a timeline for the resolution of these questions and requires Parliament to enact legislation to give full effect to this constitutional provision. By upholding this process, Kenya can ensure the integrity and accountability of its parliamentary system. Sources:
The Right of Recall for Members of Parliament in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTRight of recall. 104.
Explained;In Kenya, the Constitution grants the electorate the right to recall their Member of Parliament (MP) before the end of the term of the relevant House of Parliament [1]. This provision is outlined in Article 104.
According to Article 104(1), the electorate, as defined in Articles 97 and 98, has the right to initiate the recall process for their constituency's MP [1]. This means that the constituents have the power to request the removal of their elected representative if they are dissatisfied with their performance or conduct. To ensure the effective implementation of the right of recall, Article 104(2) requires Parliament to enact legislation [1]. This legislation is meant to provide clear guidelines on the grounds for recall and the procedure to be followed. The legislation would specify the reasons or criteria under which a member may be recalled and outline the steps required for constituents to initiate the recall process. While the Constitution guarantees the right of recall, the specific grounds and procedures are not yet defined in legislation. It is crucial for Parliament to enact this legislation to provide clarity and establish a transparent and fair process for recall. The right of recall serves as a mechanism for promoting accountability and ensuring that elected representatives remain responsive to the needs and aspirations of their constituents. It empowers citizens to hold their MPs accountable and contributes to a more participatory and democratic governance system. In conclusion, the Constitution of Kenya grants the electorate the right to recall their Member of Parliament before the end of the term. However, the grounds and procedure for recall are yet to be determined through legislation. It is imperative for Parliament to enact legislation that governs the grounds and procedure for recall to ensure transparency, fairness, and effective implementation of this constitutional provision. Sources:
Circumstances Leading to Vacation of Office for Members of ParliamentPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTVacation of office of member of Parliament. 103.
Explained;According to the Constitution of Kenya, there are several circumstances under which the office of a member of Parliament can become vacant [2]. These circumstances are as follows:
In conclusion, the Constitution of Kenya outlines various circumstances that can lead to the vacation of the office of a member of Parliament. These include death, absence from sittings without a satisfactory explanation, removal from office, resignation, party affiliation changes, completion of term, and disqualification for election. These provisions aim to maintain the integrity and functioning of Parliament while ensuring accountability and adherence to democratic principles. Sources:
Extension of the Term of Parliament in Times of WarPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTTerm of Parliament. 102.
Explained;According to the Constitution of Kenya, the term of each House of Parliament expires on the date of the next general election [1]. However, in exceptional circumstances such as times of war, the term of Parliament may be extended through a resolution supported by at least two-thirds of all the members of the House [1].
In times of war, Parliament has the authority to extend the term of Parliament by not more than six months at a time [1]. This extension is subject to the requirement of a resolution supported by at least two-thirds of all the members of the House [1]. This provision ensures that any decision to extend the term of Parliament is made with a broad consensus and reflects the collective will of the legislature. It is important to note that the term of Parliament cannot be extended under these circumstances for a total of more than twelve months [1]. This limitation ensures that the extension of the term is temporary and does not unduly prolong the normal functioning of the legislature. By allowing for the extension of the term of Parliament in times of war, the Constitution of Kenya recognizes the need for stability and continuity in governance during exceptional circumstances. This provision ensures that the elected representatives can continue to fulfill their legislative duties effectively, even in challenging times. In conclusion, the Constitution of Kenya provides provisions for the extension of the term of Parliament during times of war. This extension can be made through a resolution supported by a two-thirds majority of the members of the House. However, the total extension period is limited to twelve months to maintain the regularity of general elections and ensure democratic accountability. Sources:
Election of Members of Parliament in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTElection of members of Parliament. 101.
Explained;The Constitution of Kenya outlines the provisions regarding the election of members of Parliament [1]. According to Article 101, a general election of members of Parliament is held every fifth year on the second Tuesday in August [1]. This ensures regular and scheduled elections to maintain the democratic representation in the legislature.
In the event of a vacancy in the office of a member of the National Assembly or the Senate, the respective Speaker is responsible for notifying the Independent Electoral and Boundaries Commission (IEBC) and the political party on whose party list the member was elected or nominated within twenty-one days of the vacancy [1]. This notification allows for the necessary steps to be taken to fill the vacancy. The manner of filling vacancies is prescribed by an Act of Parliament and must be completed within twenty-one days of the notification by the respective Speaker [1]. This ensures that the vacancy is promptly addressed and the representation in Parliament is maintained. Specifically, when a vacancy occurs in the office of a member of the National Assembly elected under Article 97 (1) (a) or (b), or of the Senate elected under Article 98 (1) (a), a by-election is held within ninety days of the occurrence of the vacancy [1]. This by-election allows for the constituency or county to elect a new representative to fill the vacant seat. It is important to note that vacancies in the office of a member of the National Assembly under Article 97 (1) (c), or of the Senate under Article 98 (1) (b), (c), or (d), are filled as per the prescribed manner, without the requirement of a by-election [1]. This ensures that the vacancies are promptly filled, maintaining the effective functioning of the legislature. However, it is worth mentioning that vacancies referred to in clause (4) shall not be filled within the three months immediately before a general election [1]. This provision ensures that vacancies occurring close to a general election are not filled separately, as the general election itself will address the representation for that particular seat. In conclusion, the Constitution of Kenya provides clear provisions regarding the election of members of Parliament and the filling of vacancies in their offices. The timing of general elections is specified, and the process of filling vacancies is outlined, including the role of the respective Speaker and the Independent Electoral and Boundaries Commission. These provisions ensure the regularity and integrity of the electoral process, maintaining an effective and representative legislature. Sources:
Promoting the Representation of Marginalized Groups in Parliament in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTPromotion of representation of marginalised groups.
Explained;In line with the Constitution of Kenya [1], Parliament has a crucial role in promoting the representation of marginalized groups in the country's legislature. Legislation has been enacted to ensure that the voices and perspectives of marginalized groups are adequately represented in Parliament.
One of the key legislative measures is the enactment of legislation to promote the representation of various marginalized groups in Parliament [1]. These groups include women, persons with disabilities, youth, ethnic and other minorities, and marginalized communities. To promote the representation of women in Parliament, legislation has been put in place to address gender disparities and ensure that women have equal opportunities to participate in the political arena [1]. This legislation aims to increase the number of women elected as Members of Parliament and create an inclusive and diverse legislative body that reflects the population. Similarly, legislation has been enacted to promote the representation of persons with disabilities in Parliament [1]. This legislation seeks to remove barriers and provide equal opportunities for persons with disabilities to participate in the political process. It ensures that the voices and concerns of persons with disabilities are heard and represented in Parliament. Furthermore, legislation has been put in place to promote the representation of youth in Parliament [1]. This legislation recognizes the importance of youth engagement in decision-making processes and aims to provide opportunities for young people to be actively involved in shaping policies and legislation. In addition, Parliament has enacted legislation to promote the representation of ethnic and other minorities in Parliament [1]. This legislation recognizes the importance of diversity in the legislative body and ensures that the interests and perspectives of these minorities are adequately represented. Lastly, legislation has been enacted to promote the representation of marginalized communities in Parliament [1]. This legislation recognizes the unique challenges faced by marginalized communities and aims to provide them with a platform to voice their concerns and influence decision-making processes. In conclusion, Parliament plays a crucial role in promoting the representation of marginalized groups in the Kenyan legislature. Through the enactment of legislation, efforts have been made to ensure that women, persons with disabilities, youth, ethnic and other minorities, and marginalized communities are adequately represented in Parliament. These legislative measures aim to create an inclusive and diverse legislative body that reflects the diverse population of Kenya. Sources:
Qualifications and Disqualifications for Election as a Member of Parliament in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTQualifications and disqualifications for election as member of Parliament. 99.
Explained;In accordance with the Constitution of Kenya [6], individuals seeking election as a Member of Parliament must meet certain qualifications and must not be disqualified under specific criteria.
To be eligible for election as a Member of Parliament, a person must be registered as a voter, satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament, and be nominated by a political party or be an independent candidate supported by a minimum number of registered voters [6]. In the case of election to the National Assembly, the support must come from at least one thousand registered voters in the constituency, while in the case of election to the Senate, the support must come from at least two thousand registered voters in the county [6]. However, certain disqualifications exist which would prevent an individual from being elected as a Member of Parliament [6]. These disqualifications include being a State officer or other public officer, with the exception of being a member of Parliament; having held office as a member of the Independent Electoral and Boundaries Commission within the five years preceding the election; not being a citizen of Kenya for at least the ten years prior to the election; being a member of a county assembly; being of unsound mind; being an undischarged bankrupt; being subject to a sentence of imprisonment of at least six months as of the registration or election date; and being found to have misused or abused a State or public office or contravened Chapter Six of the Constitution [6]. It is important to note that a person is not disqualified under the mentioned disqualifications unless all possibilities of appeal or review of the relevant sentence or decision have been exhausted [6]. In summary, the qualifications and disqualifications for election as a Member of Parliament in Kenya include voter registration, meeting educational and ethical requirements, obtaining nomination from a political party or support from registered voters, as well as avoiding disqualifications related to previous positions held, citizenship, mental health, bankruptcy, criminal convictions, and misuse of public office. These requirements and disqualifications aim to ensure that individuals elected as Members of Parliament are qualified and meet the necessary criteria to hold public office. Sources:
Promoting Inclusive Representation: Membership Composition of the Senate in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTMembership of the Senate. 98.
Explained;The membership composition of the Senate in Kenya is designed to promote inclusive representation and ensure that various groups are adequately represented [2]. According to Article 98 of the Constitution, the Senate consists of several categories of members:
In summary, the membership composition of the Senate in Kenya promotes inclusive representation by including elected members, women representatives, youth representatives, members with disabilities, and an ex officio member. This diverse composition ensures that different regions, genders, and special interest groups have a voice in the legislative process, contributing to a more inclusive and representative democracy in Kenya. Sources:
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