The procedure for presenting a petition to Parliament is outlined in the Petitions to Parliament (Procedure) Act, which operationalizes Article 37 of the Constitution on the right to petition Parliament. The law enables individuals, public entities, and private entities to request Parliament to consider any issue within its jurisdiction, including enacting, amending, or repealing legislation.
1. Who Can Petition Parliament?
Any of the following may write and submit a petition to Parliament:
✔ A member of the public (an individual citizen)
✔ A public entity (government bodies or agencies)
✔ A private entity (businesses, organizations, or associations)
The petition may request Parliament to:
🔹 Enact, amend, or repeal a law
🔹 Address a grievance within its constitutional authority
2. Format of a Petition to Parliament in Kenya
A petition to Parliament must adhere to the format set out in the Schedule of the Petitions to Parliament (Procedure) Act. The petition must:
✅ Writing and Language Requirements
- Be handwritten, typed, or printed
- Be in English or Kiswahili
- Be written in respectful, clear, and temperate language
- Be free from alterations and interlineations (no insertions or erasures)
✅ Structure of the Petition
- Be addressed to either the National Assembly or the Senate
- Clearly indicate the subject matter on every sheet (if the petition has multiple sheets)
- Specify if efforts have been made to resolve the issue through relevant bodies and whether a response was received
✅ Legal and Administrative Requirements
- Indicate if the matter is pending before a court or legal authority
- Conclude with a clear and respectful prayer outlining the petitioner’s request
- Include the name, address, identification number, and signature (or thumbprint) of each petitioner
- Contain signatures/thumbprints written directly on the petition (not pasted or transferred)
- Not have any attachments (e.g., letters, affidavits, or supporting documents)
✅ If Presented by a Member of Parliament (MP)
- Must be countersigned by the MP presenting it
- Must be signed by the petitioner or, if unable to sign, by a witness
3. Procedure for Presenting a Petition to Parliament in Kenya
There are two ways to present a petition to Parliament:
A) Direct Submission by the Petitioner
📌 Step 1: The petitioner submits the petition to the Clerk of the relevant House (National Assembly or Senate).
📌 Step 2: The Clerk reviews the petition within 7 days to check if it meets legal requirements.
📌 Step 3: If the petition does not meet the requirements, the Clerk gives directions for amendments.
📌 Step 4: If the petition meets the requirements, the Clerk forwards it to the Speaker for tabling in the House.
📌 Step 5: The petition is considered according to Standing Orders of the House.
📌 Step 6: The Clerk notifies the petitioner of the House’s decision within 15 days.
B) Presentation by a Member of Parliament (MP)
📌 Step 1: A petitioner requests an MP to present the petition on their behalf.
📌 Step 2: The MP seeks the Speaker’s consent to present the petition.
📌 Step 3: If approved, the MP presents the petition in the House.
📌 Step 4: The petition follows the same process as a direct submission.
📌 ⚠ NOTE: An MP cannot present a petition on their behalf; they must submit it as an ordinary citizen.
4. Consideration of a Petition by Parliament
Once the Speaker tables the petition, Parliament reviews it according to its Standing Orders.
- If the House has jurisdiction, it may take necessary action, including debate, investigation, or legislative amendments.
- If the House lacks jurisdiction, the petition may be referred to another relevant authority.
The Clerk must notify the petitioner of the decision within 15 days of Parliament’s determination.
5. Register of Petitions
Each House of Parliament maintains a register containing:
📌 All petitions submitted
📌 Supporting documents
📌 Decisions made by Parliament
📌 The register is publicly accessible during working hours.
6. Key Takeaways
✔ Anyone can petition Parliament—whether an individual, public entity, or private entity.
✔ A petition must follow strict formatting rules, including language, clarity, and signatures.
✔ A petition can be submitted directly to the Clerk or presented by an MP.
✔ The Clerk reviews the petition within 7 days, and necessary amendments must be made if it does not meet requirements.
✔ Once tabled, Parliament considers the petition based on its jurisdiction and Standing Orders.
✔ The petitioner must receive a response from Parliament within 15 days after a decision is made.
For more details and a sample petition format, refer to the Petitions to Parliament (Procedure) Act.
