PART 2

Legislation and Procedure in the National Assembly

Exercise of legislative power of Parliament.

45.         (1)  Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly.

(2)   When a Bill has been passed by the National Assembly, it shall be presented to the President for his assent.

(3)   The President shall, within twenty-one days after the Bill has been presented to him for assent under subsection (2), signify to the Speaker that he assents to the Bill or refuses to assent to the Bill.

(4)   Where the President refuses to assent to a Bill he shall, within fourteen days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which in his opinion should be reconsidered by the National Assembly including his recommendations for amendments.

(5)   The National Assembly shall reconsider a Bill referred to it by the President taking into account the comments of the President and shall either:-

(a)    approve the recommendations proposed by the President with or without amendment and resubmit the Bill to the President for assent; or

(b)    refuse to accept the recommendations and approve the Bill in its original form by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of the National Assembly (excluding ex officio members) in which case the President shall assent to the Bill within fourteen days of the passing of the resolution.

(6)  A law made by Parliament shall not come into operation until it has been published in the Kenya Gazette, but Parliament may postpone the coming into operation of a law and, subject to section 77, may make laws with retrospective effect.

(6)   A law made by Parliament shall be styled an Act of Parliament, and the words of enactment shall be “Enacted by the Parliament of Kenya”.

Alteration of Constitution.

46.         (1)   Subject to this section, Parliament may alter this Constitution.

(2)    A Bill for an Act of Parliament to alter this Constitution shall not be passed by the National Assembly unless it has been supported on the second and third readings by the votes of not less than sixty-five per cent of all the members of the Assembly (excluding the ex officio members).

(3)    If, on the taking of a vote for the purposes of subsection (2), the Bill is supported by a majority of the members of the Assembly voting but not by the number of votes required by that subsection, and the Bill is not opposed by thirty-five per cent of all the members of the Assembly or more, then, subject to such limitations and conditions as may be prescribed by the standing orders of the Assembly, a further vote may be taken.

(4)    When a Bill for an Act of Parliament to alter this Constitution has been introduced into the National Assembly, no alterations shall be made in it before it is presented to the President for his assent, except alterations which are certified by the Speaker to be necessary because of the time that has elapsed since the Bill was first introduced into the Assembly.

(5)    A certificate of the Speaker under subsection (4) shall be conclusive as regards proceedings in the Assembly, and shall not be questioned in any court.

(6)    In this section:-

(a)        references to this Constitution are references to this Constitution as from time to time amended; and

(b)        references to the alteration of this Constitution are references to the amendment, modification or re-enactment, with or without amendment or modification, of any provision of this Constitution, the suspension or repeal of that provision and the making of a different provision in the place of that provision.

Restrictions with regard to certain financial measures.

47.         Except upon the recommendation of the President signified by a Minister, the National Assembly shall not:-

(a)   proceed upon a Bill (including an amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:-

(i)                 the imposition of taxation or the alteration of taxation otherwise than by reduction; or

(ii)               the imposition of a charge on the Consolidated Fund or any other fund of the Government of Kenya or the alteration of any such charge otherwise than be reduction; or

(iii)              the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Kenya of moneys not charged upon the fund or an increase in the amount of the payment, issue or withdrawal; or

(iv)             the composition or remission of a debt due to the Government of Kenya; or

(b)   proceed upon a motion (including an amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

Oaths to be taken by members of National Assembly.

48.         (1) Every member of the National Assembly shall, before taking his seat in the Assembly, take and subscribe the oath of allegiance before the Assembly, but a member may before taking and subscribing that oath take part in the election of the Speaker of the Assembly.

(2)   A person elected as Speaker of the National Assembly who has not before his election as Speaker taken the oath as a member of the Assembly shall, before entering upon the duties of his office, take and subscribe the oath of allegiance before the Assembly.

Presiding in National Assembly.

49.         There shall preside at any sitting of the National Assembly:-

(a)   the Speaker; or

(b)   in the absence of the Speaker, the Deputy Speaker; or

(c)   in the absence of the Speaker and the Deputy Speaker, such member of the Assembly (not being the President, the Vice-President, a Minister or an Assistant Minister) as the Assembly may elect for that purpose.

Quorum in National Assembly.

50.         If any member of the National Assembly who is present takes objection that less than thirty members of the Assembly (besides the person presiding) are present in the Assembly and, after such interval as may be prescribed in the standing orders of the Assembly, the person presiding ascertains that there are still less than thirty members of the Assembly present, the person presiding shall thereupon adjourn the Assembly.

Powers of President in Parliament.

51.         The President shall be entitled:-

(a)   in the exercise of his functions as Head of State, to address the National Assembly at any time he thinks fit to do so; and

(b)   in the exercise of his functions as Head of the Government and as a member of the National Assembly, to attend all meetings of the Assembly and to take part in all proceedings thereof, and to vote on any question before the Assembly.

Official languages.

1 of 1975, s. 3,

1 of 1979, s. 3.

52.         (1)  Subject to this section, the official languages of the National Assembly shall be Swahili and English and the business of the National Assembly may be conducted in either or both languages.

(2)    Every Bill (including the memorandum accompanying a Bill), every Act of Parliament whenever enacted, all other actual or proposed legislation under the authority of an Act of Parliament, all financial resolutions and documents relating thereto, and every actual or proposed amendment of any of the foregoing, shall be written in English.

(3)    In all proceedings of the National Assembly which involve the discussion of any of the following matters, that is to say, a Bill (including the memorandum accompanying a Bill), an Act of Parliament, other legislation whether actual or proposed, a financial resolution or document relating thereto, or an actual or proposed amendment thereof, the wording of the matter shall, as occasion requires, be quoted in English.

Voting in National Assembly.

54.         (1)  Except as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.

(2)    On a question proposed for decision in the National Assembly, the person presiding in the Assembly shall:-

(a)   if he is the Speaker, have a casting vote but not an original vote; or

(b)   if he is not the Speaker, have both an original vote and a casting vote.

(3)    The standing orders of the National Assembly may make provision under which a member who votes upon a question in which he has a direct pecuniary interest shall be deemed not to have voted.

Unqualified persons sitting or voting.

55.         A person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding five hundred shillings, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes, and that penalty shall be recoverable by action in the High Court at the suit of the Attorney-General.

Regulation of Procedure in National Assembly.

56.         (1)  Subject to this Constitution, the National Assembly may:-

(a)       make standing orders regulating the procedure of the Assembly (including in particular orders for the orderly conduct of proceedings);

(b)       subject to standing orders made under paragraph (a), establish committees in such manner and for such general or special purposes as it thinks fit, and regulate the procedure of any committee so establish.

(2)     Subject to this Constitution, the National Assembly may act notwithstanding a vacancy in its membership (including a vacancy not filled when the Assembly first meets after a general election), and the presence or participation of a person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.

Powers, privileges and immunities of National Assembly.

57.         Without prejudice to the powers conferred by section 56, Parliament may, for the purpose of the orderly and effective discharge of the business of the National Assembly, provide for the powers, privileges and immunities of the Assembly and its committees and members.