THE CONSTITUTION OF KENYA, 2010
The Assumption of Office of the President in Kenya: A Transparent Process According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTASSUMPTION OF OFFICE OF PRESIDENT.
Explained;The assumption of office of the President in Kenya is a carefully regulated process governed by the Kenya Constitution, 2010. According to the constitution, the swearing-in ceremony of the President-elect is conducted in public before the Chief Justice, or in their absence, the Deputy Chief Justice. This ensures transparency and accountability in the transition of power.
The President-elect takes the oath or affirmation of allegiance, as well as the oath or affirmation for the execution of the functions of office, which are prescribed in the Third Schedule of the constitution. These oaths serve as a solemn commitment to uphold the constitution and fulfill the responsibilities of the presidency. The timing of the swearing-in ceremony is determined by the outcome of any petitions filed under Article 140 of the constitution. If no petition has been filed, the President-elect is sworn in on the first Tuesday following the fourteenth day after the declaration of the election result. However, if a petition has been filed and the court declares the election valid, the President-elect is sworn in on the seventh day following the court's decision. To ensure the smooth and organized conduct of the swearing-in ceremony, Parliament is tasked with legislating the procedure and ceremony for the swearing-in of a President-elect. This legislation provides guidance on the logistics and formalities involved in the ceremony. The process for the assumption of office of the President in Kenya, as outlined in the Kenya Constitution, 2010, emphasizes the importance of a public and transparent transition of power. By entrusting the Chief Justice or the Deputy Chief Justice with overseeing the swearing-in ceremony and establishing clear timelines, the constitution ensures a smooth transfer of authority. The provision for parliamentary legislation further guarantees that the procedure and ceremony are conducted in a standardized and orderly manner. Citation: The Kenya Constitution, 2010
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Challenging the Validity of a Presidential Election in Kenya: A Constitutional ProcessPART 2—THE PRESIDENT AND DEPUTY PRESIDENTQUESTIONS AS TO VALIDITY OF PRESIDENTIAL ELECTION.
Explained;According to the Kenya Constitution, 2010, the process for challenging the validity of a presidential election is outlined as follows:
It is important to note that the process for challenging the validity of a presidential election in Kenya is time-sensitive. Petitions must be filed within seven days, and the Supreme Court must make a decision within fourteen days. This expedited timeline is in place to ensure that any disputes are resolved promptly and to maintain the stability of the government. Citation: The Kenya Constitution, 2010 Provisions in the Kenya Constitution, 2010 Regarding Succession of President-elect and Deputy President-elect in the Event of their DeathPART 2—THE PRESIDENT AND DEPUTY PRESIDENT
Explained;Title: Provisions in the Kenya Constitution, 2010 Regarding Succession of President-elect and Deputy President-elect in the Event of their Death
Introduction: The Kenya Constitution, 2010 contains provisions that outline the succession process in the unfortunate event of the death of a President-elect or Deputy President-elect before assuming office. These provisions ensure continuity and a democratic transition of power. In this report, we will explore the specific provisions and procedures outlined in the constitution. Body:
Conclusion: The Kenya Constitution, 2010 provides clear provisions for the succession of a President-elect or Deputy President-elect in the event of their untimely death before assuming office. These provisions ensure a smooth transition of power, maintaining continuity and upholding democratic principles. By outlining the roles of the Deputy President-elect and the Speaker of the National Assembly, as well as the process for conducting fresh elections, the constitution guarantees that the will of the people is respected even in challenging circumstances. Citation: The Kenya Constitution, 2010 The Procedure for a Presidential Election According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTProcedure at presidential election. 138.
Explained;According to the Kenya Constitution, 2010, the procedure for a presidential election is as follows:
Remember that the information provided is based on the Kenya Constitution, 2010. Citation: The Kenya Constitution, 2010 Qualifications and Disqualifications for Election as President According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTQualifications and disqualifications for election as President. 137.
Explained;According to the Kenya Constitution, 2010, there are specific qualifications and disqualifications that an individual must meet in order to be eligible for nomination as a presidential candidate. These requirements aim to ensure that only suitable candidates who have the best interests of the country at heart can run for the highest office in Kenya.
To qualify for nomination as a presidential candidate, the individual must first be a citizen of Kenya by birth. This criterion ensures that only those with deep-rooted ties to the nation and a thorough understanding of its culture, history, and values can assume the role of President. Additionally, the candidate must be qualified to stand for election as a member of Parliament. This entails meeting the necessary criteria established by the electoral laws and regulations governing parliamentary elections. By requiring this qualification, the constitution ensures that aspiring presidents possess the knowledge and experience necessary to effectively lead the country. Furthermore, a presidential candidate can be nominated by a political party or choose to run as an independent candidate. This provision allows individuals to participate in the electoral process through established political parties or as independent representatives, promoting inclusivity in the presidential race. Moreover, a presidential candidate must secure nominations from not fewer than two thousand voters from each of the majority of the counties in Kenya. This requirement ensures that candidates have a widespread base of support across the country, demonstrating their ability to garner significant public backing. Conversely, there are certain disqualifications for presidential candidacy outlined in the constitution. An individual is not qualified for nomination as a presidential candidate if they owe allegiance to a foreign state. This disqualification ensures that the President's loyalty lies solely with Kenya, safeguarding the country's sovereignty and preventing potential conflicts of interest. Additionally, public officers or individuals acting in any State or other public office are also disqualified from becoming presidential candidates. However, it is important to note that this disqualification does not apply to the President, the Deputy President, or members of Parliament. This exemption acknowledges that these positions hold significant public responsibilities and should not be barriers to pursuing the presidency. In conclusion, the Kenya Constitution, 2010, sets clear qualifications and disqualifications for individuals aspiring to become the President of Kenya. By establishing these criteria, the constitution aims to ensure that only deserving candidates with strong ties to the country and the necessary qualifications can lead the nation. These provisions contribute to the democratic process, promoting fair and inclusive presidential elections. Citation: The Kenya constitution, 2010 The Process and Timing of Presidential Elections According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTElection of the President. 136.
Explained;According to the Kenya Constitution, 2010, the process of electing the President is conducted through national elections, ensuring the participation of registered voters in an inclusive and democratic manner. The constitution also specifies the timing of these elections, providing clarity on when the nation will choose its leader.
In accordance with the constitution, the President is elected by registered voters in a national election. This means that the citizens who have fulfilled the requirements to be registered voters have the opportunity to exercise their democratic right and cast their votes to elect the President. These elections are conducted in accordance with the provisions of the Kenya Constitution, 2010, and any Act of Parliament that regulates presidential elections. The timing of the presidential elections is also addressed in the constitution. There are two scenarios in which the election of the President takes place. Firstly, the election may be held on the same day as a general election of Members of Parliament, specifically on the second Tuesday in August, every fifth year. This synchronizes the election of the President with the election of Members of Parliament, allowing for a cohesive electoral process. Secondly, in certain circumstances contemplated in Article 146 of the constitution, separate presidential elections may be conducted. These circumstances may arise when there is a vacancy in the office of the President, and the constitution provides guidance on how to proceed with a separate election to fill that vacancy. By establishing clear guidelines on the process and timing of presidential elections, the Kenya Constitution, 2010, ensures that the electoral process is transparent, fair, and democratic. It allows registered voters to have a direct say in choosing the country's leader and promotes regular, predictable elections that contribute to the stability and continuity of governance in Kenya. In conclusion, the Kenya Constitution, 2010, outlines the process and timing of presidential elections in the country. Through national elections conducted in adherence to the constitution and relevant legislation, registered voters have the opportunity to elect their President. Whether held simultaneously with general elections or in specific circumstances, these elections embody the principles of democracy and provide a platform for citizens to shape the future of Kenya through their votes. Citation: The Kenya constitution, 2010 Ensuring Accountability: Requirements for Presidential Decisions in the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTDecisions of the President.
Explained;According to Article 135 of the Kenya Constitution, 2010, any decision made by the President in the performance of their functions must meet certain requirements.
Firstly, the decision must be in writing, meaning it must be documented in a written form. Additionally, the decision must bear the seal and signature of the President, indicating their official endorsement and approval. These requirements ensure that decisions made by the President are formalized and can be easily recognized as legitimate actions taken in accordance with the Constitution. The written form of the decision allows for clarity and transparency, as it can be referred to and scrutinized if necessary. The seal and signature of the President serve as a symbol of their authority and validate the decision as an official act of the President. By adhering to these requirements, the President demonstrates accountability and ensures that their decisions are properly documented and recognized. This promotes transparency in governance and helps to maintain the integrity of the decision-making process. Citation: The Kenya constitution, 2010 The Power of Mercy and its Exercise by the President in KenyaPART 2—THE PRESIDENT AND DEPUTY PRESIDENTPower of mercy. 133.
Explained;In the Kenya Constitution, 2010, the power of mercy is granted to the President, allowing them to exercise discretion in certain cases. According to Article 133(1), upon the petition of any person, the President may exercise the power of mercy with the advice of the Advisory Committee established under clause (2).
The power of mercy can be exercised in several ways. First, the President has the authority to grant a free or conditional pardon to a person convicted of an offence. This means that the President can forgive the individual and remove any legal consequences associated with the conviction. Additionally, the President can postpone the carrying out of a punishment for a specified or indefinite period. This provides the President with the ability to delay the execution of a punishment, giving the individual more time to prepare or potentially seek other avenues for justice. Furthermore, the President can substitute a less severe form of punishment. This allows the President to modify the punishment assigned to an individual, ensuring that it aligns with the circumstances of the case and the principles of fairness and justice. Lastly, the President can remit all or part of a punishment. This means that the President has the authority to reduce or eliminate the punishment imposed on an individual, taking into account various factors such as rehabilitation, remorse, and the best interests of society. To exercise the power of mercy, the President is guided by the Advisory Committee on the Power of Mercy, as stated in Article 133(2). This committee consists of the Attorney-General, the Cabinet Secretary responsible for correctional services, and at least five other members as prescribed by an Act of Parliament. The committee's role is to provide advice to the President regarding the exercise of the power of mercy. It is important to note that the Advisory Committee may consider the views of the victims of the offence when formulating their recommendations to the President, as mentioned in Article 133(4). This ensures that the perspectives of those affected by the crime are taken into account during the decision-making process. In conclusion, the power of mercy granted to the President in the Kenya Constitution, 2010 allows them to exercise discretion in matters of criminal justice. Through the Advisory Committee, the President can grant pardons, postpone punishments, substitute less severe forms of punishment, or remit all or part of a punishment. This power is exercised with careful consideration of various factors and aims to promote fairness, justice, and the best interests of society. Citation: The Kenya constitution, 2010 The Functions of the President According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTFunctions of the President. 132.
Explained;According to the Kenya Constitution, 2010, the President has several important functions and responsibilities. Let's delve into these functions to gain a deeper understanding of the President's role in the country.
Firstly, the President is responsible for addressing the opening of each newly elected Parliament. Additionally, the President is required to address a special sitting of Parliament at least once every year and may also address Parliament at any other time. This ensures that the President is able to communicate directly with the legislative body and keep them informed about the state of the nation. Furthermore, the President is required to report on the measures taken and the progress achieved in the realization of the national values, as outlined in Article 10 of the Constitution. This report is delivered in an address to the nation once every year. The President is also required to publish the details of these measures and progress in the Gazette and submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic. Another crucial function of the President is the power to nominate and, with the approval of the National Assembly, appoint or dismiss various individuals. This includes Cabinet Secretaries, the Attorney-General, the Secretary to the Cabinet, Principal Secretaries, high commissioners, ambassadors, and diplomatic and consular representatives. The President is also empowered to appoint or dismiss any other State or public officer as required or empowered by the Constitution. The President plays a vital role in chairing Cabinet meetings and directing and coordinating the functions of ministries and government departments. This ensures effective governance and coordination of policies and initiatives across various sectors. Additionally, the President has the authority to assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, as long as it is not inconsistent with any Act of Parliament. Furthermore, the President has the power to perform any other executive function provided for in the Constitution or in national legislation. They may also establish an office in the public service with the recommendation of the Public Service Commission. The President has the privilege of receiving foreign diplomatic and consular representatives and conferring honors in the name of the people and the Republic. Additionally, subject to Article 58, the President can declare a state of emergency and, with the approval of Parliament, declare war. Lastly, the President is entrusted with ensuring that the international obligations of the Republic are fulfilled through the actions of the relevant authorities. This highlights the President's role in upholding international relations and commitments. In conclusion, the functions of the President, as outlined in the Kenya Constitution, 2010, are diverse and significant. From addressing Parliament to appointing officials, coordinating ministries, and fulfilling international obligations, the President plays a crucial role in the governance and well-being of the nation. Citation: The Kenya constitution, 2010 The Authorities and Responsibilities of the President According to the Kenya Constitution 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTAuthority of the President. 131.
Explained;According to the Kenya Constitution 2010, the President of Kenya holds several authorities and responsibilities. Firstly, the President is both the Head of State and the Head of Government, which means they have the highest position in the country's political system. The President exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries.
Additionally, the President serves as the Commander-in-Chief of the Kenya Defence Forces, overseeing the country's military operations and ensuring national security. As the chairperson of the National Security Council, the President plays a crucial role in formulating and implementing national security policies. One of the key responsibilities of the President is to act as a symbol of national unity. This means that the President is expected to represent and embody the collective identity and aspirations of the Kenyan people, fostering a sense of togetherness and cohesion among different communities. Furthermore, the President has certain obligations outlined in the Constitution. The President is required to respect, uphold, and safeguard the Constitution itself, which serves as the supreme law of the land. They must also safeguard the sovereignty of the Republic, promoting and enhancing the unity of the nation. This includes promoting respect for the diversity of the people and communities of Kenya, acknowledging and valuing the various ethnic, cultural, and religious backgrounds within the country. Another important responsibility of the President is to ensure the protection of human rights and fundamental freedoms, as well as upholding the rule of law. This includes safeguarding the rights and liberties of all citizens and ensuring that the principles of justice and fairness are upheld. It is worth noting that the President is not allowed to hold any other State or public office. This provision ensures that the President's attention and focus remain solely on their duties and responsibilities as the leader of the nation. In conclusion, the authorities and responsibilities of the President according to the Kenya Constitution 2010 are diverse and significant. The President holds executive authority, acts as a symbol of national unity, and has responsibilities related to safeguarding the Constitution, promoting unity, respecting diversity, protecting human rights, and upholding the rule of law. Citation: The Kenya Constitution, 2010 Principles of Executive Authority in the Kenya Constitution 2010PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE Principles of executive authority. 129.
Explained;In accordance with the Kenya Constitution 2010, the principles of executive authority are outlined in Section 129. These principles highlight the source of authority, the manner of exercise, and the focus on serving the well-being of the people of Kenya.
The first principle states that executive authority derives from the people of Kenya. This means that the power and legitimacy of the executive branch come directly from the citizens of Kenya. The Constitution recognizes that the ultimate authority to govern lies with the people, and the executive branch exercises this authority on their behalf. The second principle emphasizes that executive authority should be exercised in a manner compatible with the principle of service to the people of Kenya. This highlights the importance of serving the interests and well-being of the people. The executive branch is entrusted with the responsibility of making decisions and taking actions that benefit the citizens of Kenya. This principle reflects the democratic values of accountability and responsiveness to the needs and aspirations of the people. Furthermore, the second principle underscores the need to exercise executive authority for the well-being and benefit of the people. This places a strong emphasis on promoting the welfare and interests of the citizens. It implies that the actions and policies of the executive should be aimed at improving the quality of life, ensuring social justice, and advancing the common good. By incorporating these principles, the Kenya Constitution 2010 ensures that the executive branch operates in a manner that is rooted in the sovereignty of the people and serves their best interests. It establishes a framework where executive authority is exercised responsibly, transparently, and with a focus on the well-being of the citizens. In conclusion, the principles of executive authority in the Kenya Constitution 2010 recognize that the source of authority lies with the people of Kenya. The exercise of this authority should be in line with the principle of service to the people and for their well-being and benefit. By adhering to these principles, the executive branch can effectively fulfill its role in governing the nation and promoting the welfare of its citizens.
The Composition of the National Executive in the Kenya Constitution 2010: Reflecting Regional and Ethnic DiversityPART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE The National Executive. 130.
Explained;The Kenya Constitution 2010 establishes the structure and composition of the national executive in Section 130. According to this provision, the national executive of the Republic comprises the President, the Deputy President, and the rest of the Cabinet.
One significant aspect highlighted in the Kenya Constitution is the principle of reflecting the regional and ethnic diversity of the people of Kenya in the composition of the national executive. This principle recognizes the importance of inclusivity and representation in the highest levels of governance. By ensuring that the national executive reflects regional diversity, the Constitution acknowledges the different geographical regions within Kenya. This ensures that the interests and perspectives of various regions are taken into account in decision-making processes. It also promotes a sense of unity and shared responsibility for the development and progress of the entire nation. Additionally, the Constitution emphasizes the importance of ethnic diversity in the composition of the national executive. Kenya is a country with a rich tapestry of ethnic groups, each with its own unique culture, language, and traditions. By reflecting this diversity in the national executive, the Constitution ensures that the voices and concerns of different ethnic communities are heard and represented in the highest levels of governance. The inclusion of regional and ethnic diversity in the composition of the national executive helps to foster a sense of national unity and cohesion. It recognizes that Kenya is a country with a diverse population, and that the strength of the nation lies in embracing and respecting this diversity. In conclusion, the Kenya Constitution 2010 establishes the national executive as comprising the President, the Deputy President, and the rest of the Cabinet. It also emphasizes the importance of reflecting the regional and ethnic diversity of the people of Kenya in the composition of the national executive. This ensures inclusivity, representation, and a shared responsibility for the well-being and development of the nation. Citation:
Supporting the Legislative Process: Clerks and Staff of ParliamentPART 6—MISCELLANEOUSClerks and staff of Parliament. 128.
Explained;Clerks and Staff of Parliament
The efficient functioning of Parliament relies on the dedication and expertise of the Clerks and staff who support the legislative process. Article 128 of the Constitution addresses the appointment and role of the Clerks and staff of Parliament in Kenya. According to Article 128(1), each House of Parliament is to have a Clerk who is appointed by the Parliamentary Service Commission. The appointment of the Clerk requires the approval of the relevant House. The Clerk plays a vital role in providing administrative and procedural support to the House, ensuring the smooth conduct of parliamentary business. Additionally, Article 128(2) states that the offices of the Clerks and the offices of the staff members working under them are considered as offices within the Parliamentary Service. This designation highlights the importance of these positions in supporting the effective functioning of Parliament. The Clerks and their staff members play various essential roles in Parliament. They are responsible for providing administrative support, managing the legislative process, preparing and circulating documents, maintaining records and archives, and ensuring compliance with procedural rules. They also assist in the coordination of committee work, facilitate communication between members of Parliament, and provide guidance on parliamentary practices and procedures. The Clerks and staff of Parliament work diligently to ensure that parliamentary proceedings are conducted in an orderly and efficient manner. They provide valuable expertise and support to assist members of Parliament in fulfilling their legislative duties. In conclusion, Article 128 of the Constitution establishes the role and appointment process for the Clerks and staff of Parliament. The Clerks, appointed by the Parliamentary Service Commission with the approval of the relevant House, play a crucial role in providing administrative and procedural support to the House. The offices of the Clerks and their staff members are considered as offices within the Parliamentary Service, recognizing their importance in facilitating the smooth functioning of Parliament. Supporting the Functioning of Parliament: The Parliamentary Service CommissionPART 6—MISCELLANEOUSParliamentary Service Commission. 127.
Explained;Parliamentary Service Commission
The Parliamentary Service Commission plays a crucial role in supporting the functioning of Parliament in Kenya. Article 127 of the Constitution establishes the composition and responsibilities of the Commission. According to Article 127(1), the Parliamentary Service Commission is established as an entity separate from Parliament itself. The Commission is responsible for providing services and facilities that ensure the efficient and effective functioning of Parliament. The Commission consists of several members, as outlined in Article 127(2). The Speaker of the National Assembly serves as the chairperson of the Commission. Additionally, there is a vice-chairperson elected by the Commission from among its members. The Commission includes seven members appointed by Parliament, with specific criteria for their nomination. Four members are nominated equally from both Houses by the party or coalition of parties forming the national government, of whom at least two must be women. The remaining three members are nominated by parties not forming the national government, with at least one member nominated from each House, and at least one woman. Furthermore, two individuals who are experienced in public affairs but not members of Parliament, one man and one woman, are appointed by Parliament to serve on the Commission. The Clerk of the Senate serves as the Secretary to the Commission, as stated in Article 127(3). Members of the Commission vacate their office under certain circumstances, as outlined in Article 127(4). If a member of Parliament, their term ends with the House they belong to or if they cease to be a member of Parliament. For appointed members, their appointment can be revoked by Parliament. However, Article 127(5) specifies that members appointed under clause (2)(c) continue in office until a new member is appointed by the next House when the term of a Parliament ends. The responsibilities of the Commission are detailed in Article 127(6). These include providing services and facilities to ensure the smooth functioning of Parliament, establishing offices within the parliamentary service, appointing and supervising office holders, preparing annual estimates of expenditure for the parliamentary service, and submitting them to the National Assembly for approval. The Commission also exercises budgetary control over the parliamentary service. Furthermore, the Commission is tasked with promoting the ideals of parliamentary democracy through programs, either individually or in collaboration with other relevant organizations. Additionally, the Commission performs other functions necessary for the well-being of members and staff of Parliament, as well as those prescribed by national legislation. In summary, the Parliamentary Service Commission is established as a separate entity to support the functioning of Parliament. It consists of various members, including the Speaker of the National Assembly, appointed members from both Houses of Parliament, and individuals experienced in public affairs. The Commission is responsible for providing services and facilities, appointing office holders, preparing budgets, promoting parliamentary democracy, and fulfilling other necessary functions for the well-being of Parliament. Flexibility and Promptness: Location and Timing of Parliamentary SittingsPART 6—MISCELLANEOUSLocation of sittings of Parliament. 126.
Explained;Location of Sittings of Parliament
The location and timing of sittings of Parliament in Kenya are specified in Article 126 of the Constitution. This article allows for flexibility in determining the venue and commencement time of parliamentary sessions. According to Article 126(1), a sitting of either House of Parliament can be held at any place within Kenya. This means that parliamentary sessions can take place in different locations across the country, providing an opportunity for the legislature to engage with different regions and communities. The choice of the sitting location is at the discretion of the House. Additionally, the commencement time of parliamentary sittings is determined by the House itself. Each House has the authority to set the time at which its sessions will begin. This flexibility allows for the accommodation of different schedules and ensures that parliamentary business can be conducted effectively. When a new House is elected, Article 126(2) requires the President to appoint the place and date for the first sitting of the new House. This appointment is made through a notice published in the Gazette, which is an official government publication. The first sitting of the new House must take place within thirty days after the election. This provision ensures that the newly elected members of Parliament can convene promptly and begin their legislative duties. In conclusion, Article 126 of the Constitution provides guidelines regarding the location and timing of sittings of Parliament in Kenya. The sittings can be held at any place within the country, as determined by the respective House. The commencement time of the sessions is also set by the House. Furthermore, when a new House is elected, the President appoints the place and date for the first sitting, which must occur within thirty days after the election. Empowering Parliament: The Power to Call for EvidencePART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESPower to call for evidence. 125.
Explained;Power to Call for Evidence
The power to call for evidence is an essential tool for Parliament in the process of gathering information and conducting inquiries. Article 125 of the Constitution grants both Houses of Parliament and their committees the authority to summon individuals to appear before them and provide evidence or information. Under Article 125(1), either House of Parliament, as well as any of its committees, can summon any person to appear before them. This power enables Parliament to request the presence of individuals who possess relevant knowledge or information that can contribute to the decision-making process or investigations conducted by committees. To ensure compliance and facilitate the gathering of evidence effectively, Article 125(2) states that a House of Parliament and its committees possess the same powers as the High Court. These powers include: (a) Enforcing the attendance of witnesses: Parliament has the authority to compel individuals to attend and give testimony. Witnesses can be examined under oath, affirmation, or through other means as deemed appropriate. (b) Compelling the production ofdocuments: Parliament can require individuals or organizations to provide relevant documents that are necessary for the proceedings or investigations. This power ensures that the necessary information is available for consideration. (c) Issuing a commission or request to examine witnesses abroad: When the need arises to examine witnesses who are located outside of the country, Parliament can issue a commission or request for their examination. This allows for the collection of evidence from individuals who may be abroad but possess valuable information. These powers granted to Parliament and its committees under Article 125 are crucial for the effective functioning of the legislative process. They empower Parliament to gather evidence, hear testimonies, and obtain necessary documents to make informed decisions and conduct thorough investigations. In conclusion, Article 125 of the Constitution provides Parliament and its committees with the power to call for evidence. This includes summoning individuals to appear before them, examining witnesses under oath or affirmation, compelling the production of relevant documents, and issuing commissions or requests to examine witnesses abroad. These powers enable Parliament to gather necessary information, ensure transparency, and make well-informed decisions. Enhancing Parliamentary Functioning: Committees and Standing OrdersPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESCommittees and Standing Orders. 124.
Explained;Committees and Standing Orders
Committees play a vital role in the functioning of Parliament in Kenya. Article 124 of the Constitution provides guidelines regarding the establishment of committees and the formulation of Standing Orders for the orderly conduct of proceedings in both Houses of Parliament. Under Article 124(1), each House of Parliament has the authority to establish its committees. These committees are instrumental in undertaking specialized tasks, conducting inquiries, and scrutinizing legislation. Furthermore, each House is required to create Standing Orders, which are rules that govern the proceedings of the House and its committees. These Standing Orders ensure that the business of the House is conducted in an organized and structured manner. Additionally, Parliament has the power to establish joint committees consisting of members from both Houses, as stated in Article 124(2). These joint committees are responsible for considering matters that require the involvement and collaboration of both the National Assembly and the Senate. The procedure and functioning of these joint committees are jointly regulated by both Houses. Article 124(3) clarifies that the proceedings of either House of Parliament are not rendered invalid due to the presence of a vacancy in its membership or the participation of an individual who is not entitled to be present or participate in the proceedings of the House. This provision ensures that the absence of a member or the presence of an unauthorized individual does not undermine the validity of the House's proceedings. When a House of Parliament is considering an appointment that requires its approval under the Constitution or an Act of Parliament, Article 124(4) outlines the procedure. The appointment is first considered by a committee of the relevant House. The committee then presents its recommendation to the House for approval. Both the proceedings of the committee and the House are open to the public, ensuring transparency and accountability in the appointment process. In conclusion, Article 124 of the Constitution establishes the framework for committees and Standing Orders in Parliament. Each House has the power to establish its committees, and Standing Orders are formulated to ensure the orderly conduct of proceedings. Joint committees can also be established to address matters that involve both Houses. The presence of vacancies or unauthorized individuals does not invalidate the proceedings of either House. Finally, when considering appointments, a relevant House forms a committee, whose recommendation is tabled for approval in the House, with both the committee and House proceedings open to the public. County Representation in Senate: Decision-Making ProcessPART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULESDecisions of Senate. 123.
Explained;Decisions of the Senate
The Senate, as a crucial part of the legislative process in Kenya, has specific provisions regarding decision-making outlined in Article 123 of the Constitution. These provisions ensure that the interests of counties are adequately represented and taken into account in the decision-making process. According to Article 123(1), all members of the Senate who were registered as voters in a particular county collectively form a single delegation. The member elected under Article 98(1)(a) serves as the head of the delegation. This delegation represents the interests of the county and plays a significant role in decision-making. When the Senate is voting on a matter that does not affect counties, Article 123(2) states that the Speaker will determine whether the matter has any impact on counties or not. This determination is crucial in clarifying the appropriate voting procedure for the matter at hand. In cases where the matter being voted on does not affect counties, each senator has one vote, as stated in Article 123(3). This ensures equal representation and allows every senator to express their individual stance on the matter. However, for matters in the Senate that do affect counties, Article 123(4) provides specific guidelines. In such cases, each county delegation is granted one vote. The head of the county delegation, or another designated member in the absence of the head, casts the vote on behalf of the county. This ensures that the interests of individual counties are considered and given appropriate weight in the decision-making process. When casting the vote, the person representing the county delegation has the authority, after consulting with the other members of the delegation, to decide whether to support or oppose the matter being voted on, as stated in Article 123(4)(b). This allows for internal deliberation and consensus-building within the county delegation. To carry the matter in the Senate, Article 123(4)(c) requires the support of a majority of all the county delegations. This ensures that decisions affecting counties have broad-based support and are not solely determined by the majority of individual senators. In conclusion, Article 123 of the Constitution outlines the decision-making process in the Senate. Members of the Senate who were registered as voters in a particular county form a single delegation. When voting on matters that do not affect counties, each senator has one vote. However, for matters affecting counties, each county delegation has one vote, cast by the head of the delegation or another designated member. The person casting the vote decides after consulting with the other members of the delegation. To carry a matter in the Senate, it must have the support of a majority of all the county delegations. 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. 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. |
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