These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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Enhancing Representation and Accountability: A Review of Chapter 8 of the Kenyan ConstitutionPART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES PART 6—MISCELLANEOUS Review;Chapter 8 of the Constitution of Kenya, titled "The Legislature," outlines the key provisions and requirements related to the functioning of the legislative branch in Kenya [4]. This review will provide an overview of the main aspects covered in Chapter 8.
One of the primary objectives of Chapter 8 is to promote the representation of marginalized groups in the legislative process [4]. This is achieved through Article 100, which ensures that political parties encourage the representation of marginalized groups in Parliament. By doing so, the Constitution aims to foster inclusivity and address historical underrepresentation. Chapter 8 also covers the vacation of office of a Member of Parliament (MP) [4]. Article 103 outlines the circumstances in which an MP's seat becomes vacant, such as resignation, death, or disqualification. This provision ensures that there are clear guidelines for the continuity and integrity of parliamentary representation. Furthermore, the Constitution addresses the right of recall in Article 104 [4]. This provision allows constituents to recall their elected representative if they believe the MP has not fulfilled their obligations or has engaged in misconduct. The inclusion of this provision empowers citizens to hold their representatives accountable and promotes transparency in the legislative process. Additionally, Article 105 deals with the determination of questions of membership of Parliament [4]. It provides a legal framework for resolving disputes related to the membership of Parliament, ensuring that any conflicts or uncertainties regarding eligibility are addressed through a transparent and fair process. The right to petition Parliament is another important aspect covered in Chapter 8 [4]. Article 119 grants individuals and groups the right to petition Parliament on matters of public interest. This provision allows citizens to express their concerns and contribute to the legislative agenda, enhancing citizen participation and democratic governance. In conclusion, Chapter 8 of the Constitution of Kenya focuses on various aspects related to the functioning and representation in the legislative branch. It emphasizes the importance of inclusivity, accountability, and citizen engagement in the legislative process. By providing clear guidelines and mechanisms for representation, accountability, and public participation, Chapter 8 contributes to the democratic governance of Kenya. Sources:
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. 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. |
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