The process of law-making in the County Assembly follows several stages, from the introduction of a Bill to assent by the County Governor.
Article 1 of the Kenyan Constitution grants county governments legislative authority, empowering County Assemblies to make laws for their respective counties.
A Bill is a proposal for a new law or an amendment to an existing law.
Origin of Bills at the County Level
A Bill may originate from:
1️⃣ A Political Party – Introduced by the Leader of the Majority Party, Leader of the Minority Party, or their deputies.
2️⃣ The County Executive – Introduced by the Leader of the Majority or Minority Party or the Chairperson of a relevant Committee.
3️⃣ Individual Members of the County Assembly (MCAs) – Introduced by the MCA sponsoring the Bill.
4️⃣ A Committee of the County Assembly – Introduced by the Chairperson or a designated member.
5️⃣ Members of the Public –
- Through a petition as per Section 15 of the County Governments Act.
- Through legislative proposals forwarded to MCAs.
Stages of Law-Making in the County Assembly
The law-making process occurs in several stages:
1️⃣ First Reading
📍 What Happens?
✔ The Clerk of the Assembly reads the title of the Bill.
✔ The Bill is formally introduced (No voting or debate takes place).
✔ The Bill is assigned a tracking number and sent to the relevant Committee for consideration.
📍 Committee Review
✔ The Committee conducts public participation through:
- Submission of memoranda.
- Public hearings.
- Consulting stakeholders and experts.
✔ The Committee prepares a report on the Bill.
2️⃣ Second Reading
📍 What Happens?
✔ The MCA sponsoring the Bill opens debate by explaining its purpose.
✔ A second MCA must second the Bill (If not, the Bill is withdrawn).
✔ All MCAs debate the Bill, discussing its impact.
✔ No amendments are made at this stage.
✔ The Speaker puts the Bill to a vote.
3️⃣ Committee Stage
📍 What Happens?
✔ The Bill undergoes line-by-line scrutiny by the Committee of the Whole Assembly (all MCAs sitting as a committee).
✔ The Deputy Speaker or Chairperson of Committees presides over the session.
✔ MCAs vote on each clause of the Bill.
✔ Amendments may be proposed (but must remain relevant to the Bill).
✔ The Committee submits a report to the Assembly for approval.
4️⃣ Report Stage
📍 What Happens?
✔ The Committee presents its report to the full County Assembly.
✔ MCAs vote to approve or reject the amendments.
✔ MCAs may request the Assembly to reconsider certain clauses (re-committal).
5️⃣ Third Reading
📍 What Happens?
✔ The final discussion of the Bill takes place.
✔ No further amendments can be made.
✔ The Speaker calls for a final vote on the Bill.
✔ If approved, the Bill proceeds to the County Governor for assent.
6️⃣ County Governor’s Assent
📍 What Happens?
✔ The Speaker presents the Bill to the Governor within 14 days.
✔ The Governor may:
- ✅ Sign (assent to) the Bill → It becomes law.
- ❌ Return the Bill with reservations.
📍 If the Governor Refers the Bill Back
✔ The County Assembly reconsiders the Bill, focusing only on the Governor’s concerns.
✔ The Assembly may:
- Amend the Bill based on the Governor’s reservations.
- Reject the Governor’s reservations and pass the Bill again (with a two-thirds majority).
📍 Final Step
✔ If the Bill is passed a second time, the Speaker presents it again to the Governor.
✔ The Governor must sign it into law.
Summary of the Law-Making Process in the County Assembly
| Stage | Key Actions |
|---|---|
| First Reading | Bill is introduced; assigned to a Committee; no debate or voting. |
| Second Reading | MCAs debate the Bill’s purpose; vote on whether to proceed. |
| Committee Stage | Clause-by-clause scrutiny; amendments are made. |
| Report Stage | MCAs vote on amendments; may refer Bill back for changes. |
| Third Reading | Final debate and vote; no amendments allowed. |
| Governor’s Assent | The Governor signs the Bill into law or returns it with reservations. |
| Final Step | If the Bill is passed again (with a two-thirds majority), the Governor must sign it into law. |
Conclusion
The County Assembly law-making process ensures public participation and thorough scrutiny before a Bill becomes law. Once enacted, the new law helps counties regulate and improve governance, service delivery, and community welfare.
