The legislative process in Kenya takes place in Parliament, which consists of two Houses:
✔ The National Assembly
✔ The Senate
📌 Article 1 of the Kenyan Constitution states that sovereign power belongs to the people and may be exercised directly or through democratically elected representatives in Parliament.
📌 Parliament is responsible for making laws at the national level.
📌 A Bill is a proposal for a new law or an amendment to an existing law presented before Parliament for debate and approval.
Origin of Bills in Kenya
A Bill can originate from:
1️⃣ A Political Party – Introduced by the Leader of the Majority or Minority Party or their deputies.
2️⃣ The National Executive – Introduced by the Leader of the Majority/Minority Party or the Chairperson of a relevant Committee.
3️⃣ An Individual MP/Senator – A Member of Parliament (MP) or Senator sponsors a Bill.
4️⃣ A Parliamentary Committee – Introduced by the Chairperson or a designated member.
5️⃣ The Public –
- Through a petition (Article 119 of the Constitution).
- By forwarding legislative proposals to MPs/Senators.
Stages of the Legislative Process in Kenya
The legislative process follows several stages:
1️⃣ First Reading
📍 What Happens?
✔ The Clerk of the House (National Assembly or Senate) reads the Bill’s title.
✔ The Bill is formally introduced (No debate or voting).
✔ The Bill is assigned a tracking number and sent to a Committee.
📍 Committee Review
✔ The Committee facilitates public participation through:
- Submission of memoranda.
- Public hearings.
- Consultation with stakeholders and experts.
✔ The Committee scrutinizes the Bill and prepares a report.
2️⃣ Second Reading
📍 What Happens?
✔ The Bill is debated in plenary (full House).
✔ The sponsor presents the Bill and explains its purpose.
✔ An MP/Senator seconds the Bill (If not seconded, the Bill is withdrawn).
✔ All MPs/Senators debate the Bill.
✔ No amendments can be made at this stage.
✔ The Speaker calls for a vote.
3️⃣ Committee Stage
📍 What Happens?
✔ The Bill undergoes clause-by-clause scrutiny by the Committee of the Whole House.
✔ The Deputy Speaker or Chairperson of Committees presides.
✔ MPs/Senators vote on each clause of the Bill.
✔ Amendments may be proposed but must be relevant to the Bill.
✔ The Committee submits a report to the House.
4️⃣ Report Stage
📍 What Happens?
✔ The House receives the Committee’s report.
✔ The House votes on the report.
✔ MPs/Senators may refer the Bill back to the Committee for further changes (re-committal).
5️⃣ Third Reading
📍 What Happens?
✔ The Bill undergoes final debate.
✔ No further amendments are allowed.
✔ The House votes on whether to approve the Bill.
✔ If passed, the Bill moves to the President for assent.
6️⃣ Presidential Assent
📍 What Happens?
✔ The Speaker presents the Bill to the President within 14 days.
✔ The President may:
- ✅ Sign (assent to) the Bill → It becomes law.
- ❌ Return the Bill with reservations to Parliament.
📍 If the President Refers the Bill Back
✔ Parliament reconsiders only the specific clauses the President objected to.
✔ Parliament may:
- Amend the Bill to reflect the President’s concerns.
- Pass the Bill again without changes (requires a two-thirds majority).
✔ The Speaker resubmits the Bill to the President for final assent.
📍 Final Step
✔ If the Bill is passed a second time, the President must sign it into law.
7️⃣ Concurrent Bills (Bills Affecting Counties)
Some Bills require approval from both Houses (National Assembly & Senate), especially those affecting county governments.
📍 What Happens?
✔ After the Third Reading, the Bill is referred to the other House for consideration.
✔ The receiving House follows the same process (First to Third Readings).
📍 Possible Outcomes:
✔ The second House approves the Bill → The Speaker submits it to the President.
✔ The second House amends the Bill → The amendments are sent back to the first House.
✔ If both Houses disagree, the Bill is sent to a Mediation Committee.
8️⃣ Mediation Committee
📍 What Happens?
✔ A Mediation Committee (members from both Houses) drafts a compromise version of the Bill within 30 days.
✔ If both Houses approve the mediated version, the Speaker presents it to the President.
✔ If mediation fails, or the mediated Bill is rejected, the Bill is lost.
Summary of the Legislative Process in Kenya
| Stage | Key Actions |
|---|---|
| First Reading | Bill is introduced; referred to a Committee; no debate. |
| Second Reading | MPs/Senators debate the Bill’s purpose; vote to proceed. |
| Committee Stage | Clause-by-clause scrutiny; amendments made. |
| Report Stage | MPs/Senators vote on the amendments. |
| Third Reading | Final debate and vote; no amendments allowed. |
| Presidential Assent | The President signs the Bill into law or returns it for changes. |
| Concurrent Bills | Bills affecting counties require approval from both Houses. |
| Mediation Committee | Resolves disagreements between the two Houses. |
Conclusion
The legislative process ensures public participation and thorough scrutiny before a Bill becomes law. Once enacted, the new law guides governance, economic policies, and national development.
