Bills & Legislation
The 10th Parliament and its successor - the first National Assembly under the Constitution of Kenya 2010, were assigned the important task of considering (debating) and enacting numerous important legislation designed to bring to effect and operationalise the Constitution of Kenya 2010. Some of the key legislations seek to repeal respective sections of the law whose force and legality has been overtaken by the enactment of the New Constitution. Other legislation aim to establish State Organs that have been created by the New Constitution, and yet others are designed to establish and actualise the new system of devolution. Other Bills include those that will rationalise land, land use and ownership. Bills can be initiated by a Member, a Committee or a member of the public:
119. (1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.
(2) Parliament shall make provision for the procedure for the exercise of this right.
Let us revisit Article 95. (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. Therefore, being the House that 'represents the people of the constituencies and special interests', the National Assembly is best equipped to address and protect each and every voter's rights and liberties. Thus, unlike the Senate, the Assembly faces no restrictions on the type of Bills it is permitted to originate. Part 4 - Procedures for enacting legislation, excerpts:
109. (2) Any Bill may originate in the National Assembly.
Further to that, a Bill that originates from the Senate must be referred to the National Assembly before it can be enacted; and the National Assembly can veto such a Bill, even if it concerns Counties only. Simply put, the National Assembly has the final say on all Bills.
111. (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.
Click on the following link for more on the Bills and Acts of Parliament that have a direct bearing on the new constitutional dispensation already underway in Kenya. Most of these legislation have clear and specific time-lines as set out in the New Constitution. Below in Table 2, are excerpts from the Fifth Schedule containing time specifications for legislation that must be enacted by the 11th National Assembly that will be constituted after the General Elections of 2013.