THE CONSTITUTION OF KENYA, 2010
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:
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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:
Inclusive Representation: The Membership Composition of the National Assembly in KenyaPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENTMembership of the National Assembly. 97.
Explained;According to Article 97 of the Constitution of Kenya, the membership composition of the National Assembly is as follows:
This composition aims to ensure a diverse and inclusive representation in the National Assembly. By combining elected members from single member constituencies, women representatives from the counties, and nominated members representing special interests, the National Assembly strives to be a reflection of Kenya's population and promote the participation of marginalized groups [6]. This composition also aligns with the goals of promoting representation, inclusivity, and diversity as outlined in the Constitution of Kenya [3]. It ensures that different voices and perspectives are represented in the legislative process, contributing to a more inclusive and representative democracy. In conclusion, the membership composition of the National Assembly in Kenya, as stated in Article 97, includes elected members, women representatives, nominated members, and the Speaker. This composition aims to promote representation, inclusivity, and diversity in the legislative body. Sources: The Role of the National Assembly in Kenya: Enhancing Governance and Protecting Citizens' InterestsPART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT Role of the National Assembly. 95.
Explained;The National Assembly in Kenya plays a crucial role in representing the people and ensuring effective governance [5]. Firstly, it serves as a representative body for the people of constituencies and special interests [5]. This means that the National Assembly acts as a voice for the citizens, advocating for their concerns and addressing issues that are important to them [5].
Additionally, the National Assembly is responsible for enacting legislation in accordance with Part 4 of the Constitution [5]. This means that it plays a vital role in the lawmaking process, shaping the legal framework of the country [5]. The National Assembly determines the allocation of national revenue between the levels of government, ensuring that resources are distributed appropriately [5]. It also appropriates funds for expenditure by the national government and other national State organs, ensuring that public funds are used effectively [5]. Another important function of the National Assembly is to exercise oversight over national revenue and its expenditure [5]. This means that it monitors the use of public funds and ensures transparency and accountability in financial matters [5]. The National Assembly also has the authority to review the conduct of the President, the Deputy President, and other State officers, initiating the process of removing them from office if necessary [5]. Furthermore, it exercises oversight over State organs, ensuring that they fulfill their responsibilities and operate in the best interest of the citizens [5]. Lastly, the National Assembly has the power to approve declarations of war and extensions of states of emergency [5]. This ensures that any significant decisions regarding national security and emergencies are deliberated upon and approved by the representatives of the people [5]. In summary, the National Assembly in Kenya plays a multifaceted role in representing the people, enacting legislation, overseeing financial matters, reviewing the conduct of State officers, exercising oversight over State organs, and approving declarations of war and states of emergency. These functions contribute to effective governance and the protection of the interests of the citizens. Sources:
The Role of Parliament in Kenya: Upholding Democratic Governance and Legislative AuthorityPART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT Role of Parliament. 94.
Explained;The role of Parliament in Kenya is outlined in Article 94 of the Kenyan Constitution. According to this article, Parliament is vested with the legislative authority of the Republic, derived from the people [1]. It represents the will of the people and exercises their sovereignty, manifesting the diversity of the nation [1].
One of the key functions of Parliament is to consider and pass amendments to the Constitution [1]. This allows for the evolution and adaptation of the legal framework to meet the changing needs and aspirations of the Kenyan people. Additionally, Parliament has the power to alter county boundaries as provided for in the Constitution [1]. This ensures that the administrative divisions within the country are responsive to the needs of the local communities. Furthermore, Parliament is mandated to protect the Constitution and promote democratic governance in the Republic [1]. It plays a pivotal role in upholding the principles and values enshrined in the Constitution, safeguarding the rights and freedoms of the citizens. In terms of lawmaking, Parliament has the exclusive authority to make provisions having the force of law in Kenya [2]. No other person or body has the power to make such provisions except under the authority conferred by the Constitution or by legislation [2]. Any Act of Parliament or legislation of a county that confers the authority to make laws must explicitly specify the purpose, objectives, limits, and principles applicable to the law made under that authority [2]. In conclusion, Parliament in Kenya serves as the primary legislative authority of the Republic, representing the will of the people and exercising their sovereignty. Its role includes considering and passing amendments to the Constitution, altering county boundaries, protecting the Constitution, promoting democratic governance, and making laws for the country. Parliament's authority in lawmaking is exclusive and subject to the principles and standards outlined in the Constitution and legislation. Sources:
Safeguarding County Interests: The Role of the Senate in KenyaPART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT Role of the Senate. 96.
Explained;The role of the Senate in Kenya is crucial in representing the counties and safeguarding their interests [1]. The Senate serves as a voice for the counties and their governments, ensuring that their concerns and needs are heard and addressed [1].
In addition to its representation function, the Senate actively participates in the legislative process of Parliament [1]. It considers, debates, and approves Bills that specifically pertain to the counties, as outlined in Articles 109 to 113 [1]. This ensures that county-specific issues and interests are given due consideration and reflected in the laws that govern them [1]. Another important responsibility of the Senate is to determine the allocation of national revenue among the counties [1]. This function is outlined in Article 217 of the Constitution [1]. By overseeing the distribution of funds, the Senate plays a crucial role in ensuring that resources are allocated fairly and in a manner that benefits the counties and their governments [1]. Furthermore, the Senate exercises oversight over the national revenue that is allocated to the county governments [1]. This oversight function ensures that the funds are used appropriately and effectively, and that the county governments are held accountable for their financial management [1]. Additionally, the Senate participates in the oversight of State officers, including the President and Deputy President [1]. The Senate has the authority to consider and determine any resolution to remove the President or Deputy President from office, as stated in Article 145 of the Constitution [1]. This power ensures checks and balances within the government and enhances accountability at the highest level of leadership [1]. In conclusion, the Senate in Kenya plays a vital role in representing the counties and protecting their interests. Through participation in the legislative process, determining the allocation of national revenue among counties, and exercising oversight over state officers, the Senate fulfills its mandate of ensuring effective governance and safeguarding the interests of the counties and their governments. Sources:
The Establishment and Roles of the National Assembly and the Senate in the Kenyan ParliamentPART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT Establishment of Parliament. 93.
Explained;According to the Kenyan Constitution, the establishment of Parliament is outlined in Article 93. It states that there is a Parliament of Kenya, which consists of two houses: the National Assembly and the Senate [1]. The National Assembly and the Senate are responsible for performing their respective functions in accordance with the Constitution [1].
The National Assembly represents the people of the constituencies and special interests in the legislative process [6]. It plays a crucial role in representing the diverse voices of the Kenyan population and ensuring that their concerns and interests are taken into account during the lawmaking process [6]. The National Assembly also has the power to make laws, oversee government actions, and scrutinize the executive branch [6]. On the other hand, the Senate is designed to represent the interests of the counties and promote the principles of devolved government [3]. It ensures that the counties have a voice in the legislative process and provides a platform for addressing issues that are specific to individual counties [3]. The Senate plays a critical role in promoting intergovernmental relations and ensuring that the principles of devolution are upheld [3]. Both the National Assembly and the Senate have specific functions and roles within the legislative branch of Kenya. The National Assembly focuses on representing the people and addressing their concerns, while the Senate concentrates on protecting the interests of the counties and ensuring effective devolution [1]. Together, these two houses form the backbone of the Kenyan Parliament, working towards the common goal of legislative representation and effective governance. In conclusion, the establishment of Parliament according to the Kenyan Constitution is the creation of a legislative body consisting of the National Assembly and the Senate. Each house has specific functions and responsibilities to represent the people of Kenya and ensure effective governance. This framework aims to provide a platform for the diverse voices of the Kenyan population to be heard and for the interests of both the people and the counties to be addressed. Sources:
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