Understanding Kenya's Lawmaking Process: Bills To Laws

In Kenya, the legislative process is devolved, with the Senate, National Assembly, and County Assemblies as the primary legislative organs. A legislative proposal is brought before these bodies and translated into the law of the land. This proposal becomes a bill and undergoes review by relevant committees, plenary readings, and debates before being forwarded to the Governor for assent. The Governor has 14 days to either assent or refer the bill back to the Assembly with requested changes. Once assented to, the bill becomes a law and is published in the county and Kenya Gazettes, coming into force 14 days after publication.

Legislative proposal

In Kenya, legislative proposals are a critical part of the law-making process, and they originate from public policy. A legislative proposal is a formal suggestion for a new law or a change to an existing one, and it goes through several stages before becoming a law. This process is devolved, with the Senate, National Assembly, and County Assemblies serving as the primary legislative organs.

Policy ideas and legislative proposals can come from various sources, including the Executive, political parties, business associations, organised groups, and even individual citizens. These proposals are then translated into legislative instruments through legislative drafting. A legislative drafter converts the agreed-upon policy framework into a draft bill or legislative proposal presented to the Assembly. This stage involves using straightforward and unambiguous language to capture the substantive and technical matters while ensuring conformity with the Constitution and existing statutes.

Once a legislative proposal is tabled in the Assembly, it becomes a bill and undergoes a review by relevant committees, plenary readings, and debates. This review process includes a cost-benefit analysis of the proposal, a check for consistency with the constitutional framework, and a determination of whether the proposal requires new legislation or can be implemented through administrative measures. After the review and approval by the Assembly, the bill is forwarded to the Governor for assent. The Governor can either assent or refer the bill back to the Assembly with requests for specific changes. If the Governor assents, the bill becomes a law that is published in the county and national gazettes, taking effect fourteen days after publication.

It's important to note that "money bills," or proposals with financial implications for county revenues or expenditures, undergo an additional review by the finance committees at both the Assembly and County Executive levels.

The legislative process in Kenya has undergone significant changes, including the establishment of a Bicameral Parliament and the requirement for public participation in policymaking and legislation. These changes aim to ensure harmony between laws developed at the county and national levels, emphasising the importance of understanding and participating in the legislative process by all stakeholders.

Legislative drafting

In Kenya, legislative drafting is a crucial stage in the legislative process, where policies, pronouncements, or declarations are transformed into legislative instruments. This complex task is undertaken by legislative drafters, who play a pivotal role in translating the agreed policy framework into a draft bill or legislative proposal presented to the Assembly.

The primary objective of legislative drafters is to simplify the law, making it accessible and understandable to the public. They achieve this by employing straightforward and unequivocal language that impartially addresses the substantive and technical matters at hand. This clarity is essential to ensure effective implementation and adherence to the law. Moreover, legislative drafters must be meticulous in ensuring the bill's conformity with the Constitution and existing statutes, maintaining harmony between county and national-level laws.

The legislative drafting process in Kenya is guided by established principles, legislative requirements, and drafting tenets. One key principle is that policy precedes law. This means that legislative proposals originate from public policies, which are informed by decision-making processes that outline the government's objectives and strategies. Some policies may only necessitate minor administrative adjustments, while others require the enactment of new legislation.

The decision to embark on a new legislative process is contingent on several factors. These include assessing whether the policy is self-executing, conducting a cost-benefit analysis of the proposal, considering the existence of similar laws, and determining if the issue specifically warrants legislative intervention. This thoughtful approach ensures that legislative action is justified and aligned with the broader policy framework.

Once a legislative proposal is tabled in the Assembly, it undergoes a metamorphosis into a bill. This marks the beginning of a rigorous review process involving relevant committees, plenary readings, and debates in accordance with Standing Orders. After receiving approval, the bill is forwarded to the Governor for assent. The Governor has the prerogative to either provide assent or refer the bill back to the Assembly with specific change requests. The Assembly can then choose to incorporate these suggestions or resubmit the original bill with the approval of at least two-thirds of its members. Upon receiving assent, the bill transforms into a Law, officially published in the county and Kenya Gazettes. It comes into force fourteen days after publication, setting the new legislative standard for the nation.

Reviewing, debating and approving

The legislative process in Kenya has undergone various changes since the 2010 Constitution. The legislative process can be visualised as a sequence of steps by which a legislative proposal is brought before Parliament or the County Assembly and is translated into law.

Once a legislative proposal is tabled to the Assembly, it becomes a bill. It then undergoes a review by relevant committees, plenary readings, and debates in accordance with the Standing Orders. The bill is then approved and forwarded to the Governor for their assent. The Governor has two options: they can assent to the bill, or they can refer it back to the Assembly requesting specific changes. If the Governor chooses the latter, the Assembly can either make the suggested changes or, with the approval of at least two-thirds of the members, resubmit the unchanged bill to the Governor for mandatory assent. Once assented to, the bill becomes a law. It is then published in the county Gazette and the Kenya Gazette and comes into force fourteen days after its publication.

It is important to note that "money bills", or proposals with financial implications for county revenues and/or expenditures, are subject to additional review by both the Assembly committee in charge of finance and the County Executive Committee member responsible for finance.

The legislative process in Kenya is devolved, with the Senate and National Assembly at the national level and the County Assemblies at the county level serving as the primary legislative organs. This system is intended to ensure harmony between the laws developed at the county and national levels. The basic function of a legislative body is to make, amend, or repeal the law.

Presidential Assent

In Kenya, 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 to or giving consent to an Act of Parliament. This is the final step in the legislative process, which begins with a legislative proposal that emanates from a public policy. Once a legislative proposal is tabled to the Assembly, it becomes a bill and undergoes review by relevant committees, plenary readings, and debates. After approval, it is forwarded to the Governor or President, who has the authority to assent to the Bill or refer it back to the Assembly or Parliament for reconsideration.

The President must take action on a Bill within fourteen days of receiving it. If the President refers a Bill back for reconsideration, Parliament may amend the Bill to accommodate the President's reservations or pass the Bill a second time without amendment. If Parliament amends the Bill to fully meet the President's reservations, the Speaker will resubmit it to the President for assent. If Parliament passes the Bill a second time without amendment or with amendments that do not fully accommodate the President's reservations, it must be supported by two-thirds of the members of the National Assembly and two-thirds of the delegations in the Senate if the Bill requires Senate approval. In this case, the Speaker has seven days to resubmit it to the President, who then has seven days to assent to the Bill.

If the President does not take action on a Bill within the prescribed timeframe, it is assumed that the Bill has been assented to upon the expiry of that period.

Once a Bill receives Presidential Assent, it becomes an Act of Parliament. An Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, notification of the date of its coming into effect is given through a legal notice, usually by the Minister responsible for the matters addressed in the Act.

Commencement

In Kenya, a bill typically becomes a law after it has received Presidential Assent, which is when the head of the Executive arm of the government formally assents or gives consent to an Act of Parliament. However, it is worth noting that an Act of Parliament may provide that it will come into effect on a future date to be notified. In such cases, after receiving Presidential Assent, the Minister in charge of the matters addressed in the Act will notify the public of the date on which it will come into effect through a legal notice.

The legislative process in Kenya has undergone significant changes since the enactment of the 2010 Constitution. One of the key alterations is the devolution of the legislative process, resulting in a Bicameral Parliament consisting of the National Assembly and the Senate, as well as the establishment of 47 County Assemblies, each representing one of the 47 counties. This devolved system of government allows for the creation and amendment of laws at both the county and national levels.

The basic function of a legislative body is to make, amend, or repeal laws. This process of law-making, also known as the legislative process, involves translating a legislative proposal into the law of the land. All such proposals are tabled in the form of bills and undergo a series of readings and committee reviews before being forwarded to the Governor for assent.

Once a bill has been approved by the Governor, it becomes a law. This law is then published in the county Gazette and the Kenya Gazette and comes into force fourteen days after its publication. This process ensures that new legislation is properly reviewed, debated, and approved before being implemented in the county or country.

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