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CHAPTER EIGHT

THE LEGISLATURE

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Establishment of Parliament

    Part 1–Establishment and role of Parliament

  1. There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.

  2. The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.

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Role of Parliament

  1. The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.

  2. Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.

  3. Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.

  4. Parliament shall protect this Constitution and promote the democratic governance of the Republic.

  5. No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.

  6. An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.

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Role of the National Assembly

  1. The National Assembly represents the people of the constituencies and special interests in the National Assembly.

  2. The National Assembly deliberates on and resolves issues of concern to the people.

  3. The National Assembly enacts legislation in accordance with Part 4 of this Chapter.

  4. The National Assembly –

    1. determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve; {public finance}

    2. appropriates funds for expenditure by the national government and other national State organs; and

    3. exercises oversight over national revenue and its expediture.

  5. The National Assembly––

    1. reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and

    2. exercises oversight of State organs.

  6. The National Assembly approves declarations of war and extensions of states of emergency.

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Role of the Senate

  1. The Senate represents the counties, and serves to protect the interests of the counties and their governments.

  2. The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 {Exercise of legislative powers }to 113.{Mediation committees }

  3. The Senate determines the allocation of national revenue among counties, as provided in Article 217, {Division of revenue} and exercises oversight over national revenue allocated to the county governments.

  4. The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145. {Removal of President by impeachment}


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