Understanding Kenya's Lawmaking Process

The legislative process in Kenya follows a structured path, outlined in the country's constitution, that begins with a bill. A bill is a proposed law or a document that seeks to change or establish a new legal framework. It can be introduced by either a Member of Parliament (MP) or the Senate, and it undergoes a rigorous journey before becoming a law. This process involves multiple stages, including drafting, debate, committee review, and voting, ensuring that the legislation is thoroughly vetted and reflects the needs and interests of the Kenyan people. The transformation of a bill into a law is a critical aspect of Kenya's democratic system, and understanding this process provides insight into how the country's legal framework is shaped and governed.

A bill is introduced and assigned a tracking number

The legislative process in Kenya is a sequence of steps by which a legislative proposal is brought before the Parliament or the County Assembly and translated into law. This process is devolved, with the Senate and National Assembly at the national level and the County Assemblies at the county level acting as the primary legislative organs.

The first reading is followed by the second reading, where the bill is moved by the sponsor and seconded by any member. This is to prevent future time wastage by the assembly having to dispose of a bill that only one person wants introduced. If a bill is not seconded, it is withdrawn. During the second reading, Members of Parliament debate how the enactment of the law would affect citizens, and after the debate, the proposer of the bill responds to any issues raised.

A draft of the bill is read a second time

During the second reading, Members of Parliament debate how the enactment of the law would affect the citizens. After the debate, the proposer of the bill responds to any issues raised in the house. Following this, the members of parliament vote. If more MPs are in favour of the vote, it moves to the next stage, which is the Committee of the Whole House. The committee stage comprises the whole membership of the assembly.

At the Committee of the Whole House stage, the committee goes through the bill clause by clause. Any proposed amendments to the bill are considered, and a vote is taken on each. Additionally, the committee of the whole house approves clauses with or without amendments. Afterward, a report is sent to the House seeking approval.

Amendments are made and the bill is approved

Once a bill has been introduced and read for the first time, it is then referred to the relevant Departmental Committee for consideration. This is where the committee will facilitate public participation through public hearings and consultations with relevant stakeholders and experts. The committee will then write a report with any specific proposed amendments, which will be considered by the committee of the whole house.

During the second reading, the bill is moved by the sponsor and is seconded by any member. This is to prevent future time-wasting by the assembly having to dispose of a bill that only one person wants to be introduced. If a bill is not seconded, it is withdrawn. It is during this second reading that Members of Parliament debate how the enactment of the law would affect citizens. After the debate, the proposer of the bill responds to any issues raised in the house.

A vote is then taken, and if more MPs are in favour, the bill moves to the next stage, which is the Committee of the Whole House. This stage comprises the whole membership of the assembly. Any proposed amendments to the bill are considered, and a vote is taken on each. The committee of the whole house approves clauses with or without amendments.

After this, a report is sent to the House seeking approval. No amendments can be made at this final stage of the bill. A final vote is taken, and once the bill is passed by the House, the Speaker presents it to the President for assenting. The President has 14 days to assent or refer the bill back to the House with some reservations.

Presidential Assent is granted

Once a Bill is passed by the House, the Speaker presents it to the President for assenting. The granting of Presidential Assent is the formal method by which the head of the Executive arm of government completes the legislative process by formally assenting or giving their consent to an Act of Parliament. Within 14 days, the President may assent to the bill or refer it back to the House with some reservations. If the President assents, the Bill becomes a Law.

The Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice, usually by the Minister for the time being in charge of the matters with which the Act is concerned.

The legislative process in Kenya has undergone various changes since the 2010 Constitution. One of the key changes is the devolution of the process, with the Senate and National Assembly at the national level, and the County Assemblies at the county level, serving as the primary legislative organs.

The law comes into effect

Once the President has assented, the Bill becomes a Law that is published in the County Gazette and the Kenya Gazette. The law comes into force 14 days after its publication. In some cases, an Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice, usually by the Minister in charge of the matters with which the Act is concerned.

The legislative process in Kenya has undergone various changes since the 2010 Constitution. One of the key changes is the devolution of the legislative process, with the Senate and National Assembly at the national level and the County Assemblies at the county level as the primary legislative organs. This devolved system allows for the development of laws at both the county and national levels, ensuring harmony between the two.

The basic function of a legislative body is to make, amend, or repeal the law. The legislative process involves translating a legislative proposal into the law of the land. This process is a sequence of steps, including policy development, legislative drafting, and reviewing, debating, and approving legislation. Legislative proposals may originate from the Executive, political parties, business associations, organised groups, or even individual citizens.

Frequently asked questions