The Clerk of the National Assembly in Kenya plays a crucial role in the legislative process, providing both administrative and procedural leadership to the Parliament. The office of the Clerk is established under Article 128 of the Kenyan Constitution and further outlined in the Parliamentary Service Act. Below is a comprehensive look at the functions, qualifications, and conditions for removal of the Clerk of the National Assembly.
Qualifications for the Clerk of the National Assembly in Kenya
To be eligible for appointment as Clerk of the National Assembly, a person must meet the following requirements:
- Be a Kenyan Citizen – The candidate must be a citizen of Kenya.
- Hold a Degree – The individual must possess a degree from a recognized university in Kenya.
- Have at least 10 years of experience – The candidate must demonstrate a minimum of ten years’ experience in a senior management and leadership position in public affairs.
- Demonstrate expertise in parliamentary practice – The candidate must have a strong understanding of parliamentary procedures and legislative processes.
- Meet the integrity requirements of Chapter Six of the Constitution – This includes upholding high ethical and professional standards in line with Kenya’s Leadership and Integrity laws.
The Parliamentary Service Commission (PSC) appoints the Clerk of the National Assembly for a five-year term, renewable for one further term of five years.
Functions of the Clerk of the National Assembly in Kenya
The Clerk serves as the chief administrative officer of the National Assembly and is responsible for the day-to-day management of parliamentary affairs. The functions of the Clerk are divided into two main categories:
1. Administrative Functions
The Clerk of the National Assembly is responsible to the Parliamentary Service Commission (PSC) and oversees:
- The day-to-day administration and functioning of the National Assembly.
- Execution of decisions made by the PSC concerning the National Assembly.
- Overall management of the parliamentary staff, ensuring:
- Recruitment, appointment, promotion, and discipline of staff.
- Assignment of duties, supervision, and training of parliamentary staff.
- Deployment of staff to serve in different areas of parliamentary service.
- Preparation and submission of programs necessary to fulfill the mandate of the National Assembly for approval by the Commission.
- Implementation of policies and procedures for efficient service delivery within the National Assembly.
2. Procedural Functions
The Clerk also serves as a procedural advisor to the National Assembly and ensures the smooth execution of legislative processes. The procedural functions include:
- Providing expert, non-partisan, and impartial advice to Members of Parliament (MPs) on the legislative process, parliamentary procedure, and standing orders.
- Offering guidance on the rules of debate, motions, and legislative matters during parliamentary sessions.
- Recording and safekeeping of parliamentary proceedings, bills, and records.
- Assisting in the drafting of parliamentary documents such as motions, bills, and amendments.
- Ensuring proper documentation of committee reports and ensuring MPs receive essential legislative documents.
- Supervising the conduct of votes and division processes during parliamentary decision-making.
In performing procedural functions, the Clerk is under the direction of the Speaker of the National Assembly. In cases where the Speaker is absent or incapacitated, the Clerk follows the guidance of the Deputy Speaker.
If the Clerk is absent or unable to perform their duties, the Deputy Clerk of the National Assembly assumes responsibility.
Suspension and Removal of the Clerk
The Parliamentary Service Commission (PSC) holds the authority to remove or suspend the Clerk under the following circumstances:
- Inability to perform duties – Due to infirmity of body or mind.
- Gross misconduct or misbehavior – In cases where the Clerk engages in actions that violate professional ethics.
- Incompetence – If the Clerk fails to perform duties effectively.
- Bankruptcy – If declared bankrupt under Kenyan law.
- Violation of the Constitution – Particularly, breach of provisions under Chapter Six of the Constitution (Leadership and Integrity).
- Breach of the Parliamentary Service Act – If the Clerk violates provisions of the Act or any other applicable law.
The Clerk has the right to a fair hearing and can challenge their removal through the appropriate legal or parliamentary channels.
Conclusion
The Clerk of the National Assembly in Kenya is a pivotal figure in parliamentary operations, serving as the administrative head and chief procedural expert of the legislative body. Their duties ensure the smooth operation of Kenya’s legislative process, supporting lawmakers in debate, policymaking, and law formulation. The Clerk’s role in record-keeping, parliamentary advice, and staff management makes them an essential figure in the National Assembly’s governance structure.
For further details on the Clerk’s role, refer to Sections 25-31 of the Parliamentary Service Act or visit Kenya Law.
