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CHAPTER EIGHT

THE LEGISLATURE

Part 4–Procedures for enacting legislation

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Exercise of legislative powers

  1. Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.

  2. Any Bill may originate in the National Assembly.

  3. A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 {Voting in Parliament }and the Standing Orders of the Assembly.

  4. A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 {Bills concerning county government }to 113, {Mediation committees} Articles 122 {Voting in Parliament }and 123 {Decisions of Senate} and the Standing Orders of the Houses.

  5. A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114. {Money Bills}

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Bills concerning county government

  1. In this Constitution, "a Bill concerning county government" means––

    1. a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule;

    2. a Bill relating to the election of members of a county assembly or a county executive; and

    3. a Bill referred to in Chapter Twelve {public finance} affecting the finances of county governments.

  2. A Bill concerning county governments is––

    1. a special Bill, which shall be considered under Article 111, if it––

      1. relates to the election of members of a county assembly or a county executive; or

      2. is the annual County Allocation of Revenue Bill referred to in Article 218; {Annual Division and Allocation of Revenue Bills }or

    2. an ordinary Bill, which shall be considered under Article 112, in any other case.

  3. Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.

  4. When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House.

  5. If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.

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Special Bills concerning county governments

  1. A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3).

  2. The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.

  3. If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to the President for assent.

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Ordinary Bills concerning county governments

  1. If one House passes an ordinary Bill concerning counties, and the second House –

    1. rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; {Mediation committees} or

    2. passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration.

  2. If, after the originating House has reconsidered a Bill referred back to it under clause (1) (b), that House––

    1. passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent; or

    2. rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113. {Mediation committees}

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Mediation committees

  1. If a Bill is referred to a mediation committee under Article 112, {Ordinary Bills concerning county governments} the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

  2. If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill.

  3. If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent.

  4. If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.

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Money Bills

  1. A money Bill may not deal with any matter other than those listed in the definition of "a money Bill" in clause (3).

  2. If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter listed in the definition of "a money Bill", the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance.

  3. In this Constitution, "a money Bill" means a Bill, other than a Bill specified in Article 218, {Annual Division and Allocation of Revenue Bills} –

    1. taxes;

    2. the imposition of charges on a public fund or the variation or repeal of any of those charges;

    3. the appropriation, receipt, custody, investment or issue of public money;

    4. the raising or guaranteeing of any loan or its repayment; or

    5. matters incidental to any of those matters.

  4. In clause (3), "tax", "public money", and "loan" do not include any tax, public money or loan raised by a county.

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Presidential assent and referral

  1. Within fourteen days after receipt of a Bill, the President shall–

    1. assent to the Bill; or

    2. refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.

  2. If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part -

    1. amend the Bill in light of the President's reservations; or

    2. pass the Bill a second time without amendment.

  3. If Parliament amendeds the Bill fully accommodating the President's reservations, the appropriate Speaker shall resubmit it to the President for assent.

  4. Parliament, after considering the President's reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President's reservations, by a vote supported–

    1. by two-thirds of members of the National Assembly; and

    2. two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.

  5. If Parliament has passed a Bill under clause (4)–

    1. the appropriate Speaker shall within seven days resubmit it to the President; and

    2. the President shall within seven days assent to the Bill.

  6. If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5)(b), the Bill shall be taken to have been assented to on the expiry of that period.

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Coming into force of laws

  1. A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after assent.

  2. Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.

  3. An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament.

  4. Clause (3) does not apply to an interest that members of Parliament have as members of the public.


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