First National Assembly Under the New Constitution

 

 

Free. Fearless. Fair

 

Contents

Introduction

Authority

The National Assembly will form one of two Houses (or Chambers) of the Parliament of the Republic of Kenya. The Assembly derives its National legislative authority from the people of Kenya to whom belongs all sovereign power.

Roles and Functions

The National Assembly will represent the will of the people and exercise their sovereignty. To do so, the Assembly will make the laws, regulate public resources and exercises oversight on the National Executive and State Organs.

Composition The new National Assembly will consist of 290 directly elected Members for Constituencies, 47 Women Representatives elected directly by the people of the Counties, and 12 Nominated Members to represent special interest groups, and an ex-officio Speaker; a total of 350 Members. Each of the 47 Women and the 12 Nominated Members of the Assembly will carry a single vote as will the 290.

 

Introduction

 

It soon becomes clear to anyone perusing through the Constitution of Kenya 2010, that the supreme authority in the Republic of Kenya belongs to the people; that State organs are subordinate to the will of the people and essentially exercise this authority by servant on their behalf. As part of the dictates of devolution contained in the Constitution, the National Assembly forms just one part of the Parliament of Kenya. The other half is the Senate of the Republic of Kenya signifying the people's desire for a two-tier legislative structure. The Senate will only come into existence after the first general elections under the New Constitution in March 2013. Until then, its functions will be exercised by the National Assembly (which exists as the 10th Parliament). Excerpts from the Sixth Schedule - Transitional and Consequential Provisions:

10. The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term.

 

 



 

Authority

 

The National Assembly is a constitutional organ and forms one part of Parliament. Excerpts from Chapter 8 - The legislature, Part 1 - Establishment and Role of Parliament, Article 93:

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

As an organ within Parliament, the National Assembly, along with the Senate, exercises the people's supreme legislative authority in Kenya for and on behalf of the people. 

94. (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.

Parliament is therefore the only body in Kenya that has the people's express authority to make laws or change the laws that govern them. It must be guided by the Constitution and the will of the people when making those laws:

(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.

For ease of governance, it may at times be prudent and expedient for Parliament (or a County Assembly) to delegate some of its authority to another body, office or person. If and when this happens, full accountability and unambiguity must be maintained:

(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.

The powers of National legislation are extensively vested in the National Assembly. It therefore follows that the Assembly has the constitutional authority to originate any Bill, and to go ahead and pass it for enactment without reference to the Senate, if such a Bill does not concern the Counties. Chapter 8 - The Legislature, Part 4 - Procedures for Enacting Legislation:

109. (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 ........ and the Standing Orders of the Assembly.

The National Assembly also has veto powers over a special Bill from the Senate concerning Counties:

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.

The provisions of Article 111. (2) appear to emasculate the Senate and are likely to generate widespread protestations from both the Senate and the public. Indeed, when the National Assembly disregarded the amendments of the Senate on the Division of Revenue Bill 2013/2014, the Senators rose with one voice to protest what they saw as an unfriendly (House) peer out to frustrate devolution; perhaps with the foresight that their counterparts may 'interfere' with the subsequent County Allocation of Revenue Bill that must originate from the Senate, but must be considered by the National Assembly. As it is, a special Bill touches on the very heart of the affairs of the Counties (and hence devolution):

110. (2) A Bill concerning county governments is–– (a) a special Bill, ........, if it–– (i) relates to the election of members of a county assembly or a county executive; or (ii) is the annual County Allocation of Revenue Bill ........

The Members of the National Assembly are not under any gag orders that sometimes face the public. They can, and should boldly articulate the issues and interests of the people of Kenya without fear or favour. Article 117 of Part 5 - Parliament's General Procedures and Rules, excerpts:

117. (1) There shall be freedom of speech and debate in Parliament. 

Having been assigned the legislative authority of the Republic, the National Assembly, along with the Senate, is empowered to consider and pass amendments to the Constitution of Kenya 2010. This is a most sacred duty and must not be abused - rather, Parliament must at all times remain guided by the Constitution, defend it, and promote its ideals:

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

94. (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.

The National Assembly is empowered by the New Constitution to set its own calendar and can legally meet and transact its business from anywhere in the country. Under the Old Constitution, the President determined and set the parliamentary calendar, and oftentimes would use that privilege to manipulate and frustrate the business of the House. Now, within 30 days after the Assembly is constituted, the President is required in writing, to choose the date of the Assembly's first sitting. From Chapter 8 - The Legislature, Part 6 - Miscellaneous:

126. (1) A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints.
(2) Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more than thirty days after the election.

The National Assembly has been vested with the authority to approve a declaration of war or to extend a state of emergency declared by the President. It must consider, debate and vote on any such declarations by the President.

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

58. (2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only— (b) for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

(3) The National Assembly may extend a declaration of a state of emergency— (a) by resolution adopted— (i) following a public debate in the National Assembly; and and (ii) by the majorities specified in clause (4); and (b) for not longer than two months at a time.
(4) The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

This is a good provision given that many countries the world over, have been known to go to war at the whims of one person. This authority of the Assembly means that a state of emergency must have the popular backing of the rest of the people (through their elected representatives).

 

 


 

Roles & Functions

 

The agenda of the National Assembly is solely guided by the needs of the people and must seek to fulfill those needs and interests:

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.

To do this, the National Assembly's primary role is to make laws that are designed to improve the welfare of the people:

(3) The National Assembly enacts legislation ........

Put another way, the National Assembly is expected to operationalise the people's document i.e., the Constitution. Chapter 18 - Transitional and Consequential Provisions, Article 261excerpts:

261. (1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter ........

As the people's representatives, the members of the National Assembly have been entrusted with the stewardship of Public Funds. The sharing and distribution of these funds has been a sensitive social-political concern in the past and the people of Kenya will be looking up to the National Assembly to address the issue fairly and equitably. In line with the New Constitution, the Assembly will regularly determine the amounts of funds to allocate to governments, make arrangements for the allocation and transfer of those funds to State offices and organs that are entitled to the funds, and oversee how those funds have been utilised: 

(4) The National Assembly–– (a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve; (b) appropriates funds for expenditure by the national government and other national State organs; and (c) exercises oversight over national revenue and its expenditure.

One of the key roles that the Assembly performed upon the presentation of the budget estimates by the Cabinet Secretary for Treasury, was to pass an Appropriation Bill to authorise the Treasury make withdrawals from National Funds to be used by the National Government, its organs and agencies for the July 2013/ June 2014 financial year. This was effected upon the enactment of the Appropriation Act of 2013 assented to on June 28, 2013 .

Clause 4 (c) above speaks volumes because it not only mandates the National Assembly to exercise high level scrutiny over Public Funds, it also empowers the House to amend, if need be, budgetary proposals that been approved by Constitutional bodies established to control and administer Public Funds such as the Director of Budget, the Cabinet Secretary responsible for Finance, the Chief Registrar of the Judiciary, the Commission for Revenue Allocation, etc. A case in point is the budget estimates by the Cabinet Secretary for the National Treasury whose allocations were further amended by the Assembly soon after being tabled in the House. This last point is well summarised by Article 226 in Chapter 12- Public Finance. Excerpts:

226. (2) The accounting officer of a national public entity is accountable to the National Assembly for its financial management, ........

Thus the Assembly must also scrutinize the reports of the Auditor General detailing how Public Funds have been spent within the three arms of government. A detailed review on Public Funds and their management is covered under the link on Public Finance.

To ensure that there are checks and balances across the arms of government, the people of Kenya have entrusted the National Assembly to fairly and firmly, appraise the conduct and decisions of the executive i.e., the Cabinet:

132. (1) The President shall—........(c) once every year— (i) report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10; (ii) publish in the Gazette the details of the measures and progress under sub-paragraph (i); and (iii) submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

In fact, this appraisal of the President by the National Assembly could well form the basis of impeachment proceedings against the President should Parliament not be happy with the President's annual report to the Nation. Excerpts of Article 145 in Chapter 9, Part 2- The President and Deputy President: 

145. (1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President— (a) on the ground of a gross violation of a provision of this Constitution or of any other law; (b) where there are serious reasons for believing that the President has committed a crime under national or international law; or (c) for gross misconduct.

95. (5) The National Assembly— (a) reviews the conduct in office of the President, the Deputy President ........

For example, it is the responsibility of the National Assembly to consider, debate and approve such critical decisions of the Cabinet like a state of emergency or war that may be declared by the President:

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

58. (2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only— (a) prospectively; and (b) for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.
(3) The National Assembly may extend a declaration of a state of emergency— (a) by resolution adopted— (i) following a public debate in the National Assembly; and (ii) by the majorities specified in clause (4); and (b) for not longer than two months at a time.
(4) The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

Indeed, every internal deployment of the Kenya Defence Forces by the President must be approved by the National Assembly. Chapter 14 - National Security, Part 2 - The Kenya Defence Forces, excepts:

241. (3) The Defence Forces—(c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.

On the 5th of December 2013, the approval of the Assembly to deploy the KDF to the Counties of Turkana, West Pokot, Samburu and Marsabit, was indeed sought by the President to bring an end to inter-ethnic fighting that threatened to degenerate into anarchy. This is a good provision: by requiring the President to seek the approval of the people's representatives, it makes it very difficult for anyone with ulterior motives to succeed in politicising the President's decision.

The National Assembly's roles of checks and balances extends to vetting key appointments to (and dismissals from) State Organs such as the Cabinet, Commissions and Independent Offices, Justices, ambassadors, etc. Excerpts from Chapter 9 - The Executive, Part 2 - The President and Deputy President:

132. (2) The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss— (a) the Cabinet Secretaries, ....... (b) the Attorney-General, ....... (c) the Secretary to the Cabinet ........ (d) Principal Secretaries ....... (e) high commissioners, ambassadors and diplomatic and consular representatives; and (f) in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

When in September 2013 the President directly appointed a Chair to a national body - the National Campaign Against Drug Abuse NACADA, - the National Assembly protested the legality of the appointment, and the President was forced to revoke it and instead, to first present the NACADA nominee for vetting by the Assembly.

The National Assembly also has oversight roles over the conduct in office of Presidential and other public body appointees and over the State Organs they preside over.

95. (5) The National Assembly— (a) reviews the conduct in office of ........ State officers and initiates the process of removing them from office; and (b) exercises oversight of State organs. 

Finally, the New Constitution has gone to great lengths to demarcate the roles of the Senate from those of the National Assembly.  The discussion on the Senate of the Republic of Kenya can be found under its link.

 

 


 

 

Composition and Tenure

 

The Constitution of Kenya 2010 provides for an expanded list of 349 Members of the National Assembly and a Speaker after the next General Elections. This larger number of Members is designed to allow for better and more equitable representation of populations and to cater for and give voice to an expanded gamut of interests, as well as guarantee the rights and liberties that are protected by the New Constitution. Detailed discussion on the case for an enlarged Assembly with respect to representation can be found under the Representation link.

The Assembly will have 290 Members elected directly by the people of the constituencies at the General Elections. Chapter 7 - Representation of the People, Part 2 - Independent Electoral and Boundaries Commission, excerpts:

89. (1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly ........

This provision is confirmed in Chapter 8 - The Legislature, Part 2 - Composition and Membership of Parliament, Article 97, excerpts:

97. (1) The National Assembly consists of— (a) two hundred and ninety members, each elected by the registered voters of single member constituencies;

One of the key highlights of the New Constitution is its positive affirmation of marginalised groups, key among whom are the women of Kenya. Consequently, there are 47 Women Members of the National Assembly elected directly by the people of every County:

97. (1) The National Assembly consists of—  (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; 

Other groups of the marginalised that include the youth, persons with disability and workers have not been overlooked either; they will be represented by Members nominated by political parties via political party lists:

(1) The National Assembly consists of—  (c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly ......, to represent special interests including the youth, persons with disabilities and workers; 

The National Assembly thus has a total membership of 350 including the Speaker and the Deputy Speaker. Unlike in previous Assemblies, the Speaker will no longer be elected from among the elected members of the National Assembly; however, the deputy Speaker will be elected from among the Members and will retain both his/her parliamentary seat and vote in the Assembly. Excerpts from Part 3 - Offices of Parliament:

 

Picture of Justin Muturi Speaker of the National Assembly

 

Justin Muturi Speaker of the National Assembly

 

 

106. (1) There shall be— (a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and (b) a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.

Below is a summary of the Constitutional membership of the new-look National Assembly after the 2013 General Elections. Every one of the 349 Members in the House has a vote of one at all times on all matters. 

 

Table 1. Composition of the National Assembly of the Republic of Kenya

 

Electoral Seat
Electoral Unit
Gender
Count

Elected Member of the Constituency

Constituency

Both

290

Elected Woman Member of the County

Women of Kenya

Female

47

Nominated Member

Youth, Persons with Disabilities and Workers of Kenya

Both

12

Speaker

Ex-officio

Either

1

 

Our discussion on Politics and Elections, examines the gender-balance requirements of the New Constitution with respect to electoral seats in the composition of the National Assembly. 

 

Members of the 1st National Assembly of Kenya Under the New Constitution

The following tables are to aid the reader in understanding the details of the different memberships that are in the National Assembly....  

 
Table 2.1 - Party: NARC - Kenya

 

 
Constituency
Representative
Gender

1.

Nyaribari Masaba

Elijah Mosomi Moindi

Male

 

Table 2.2 - Party: Orange Democratic Movement (ODM)

 

 
Constituency
Representative
Gender
1.

Changamwe

Omar Mwinyi

Male

 

Kisauni

Rashid Bedzimba

Male

 

Likoni

Mwalimu Masud

Male
  Mvita Abdul S Nasir Male
  Msambweni Suleiman Dori Male
  Matuga Hassan Mohamed Mwanyoha Male
  Kilifi North Mung'aro Gideon^1 Male
  Kilifi South Mustafa Salim Male
  Rabai William Kamoti Male
 10. Malindi Daniel Kazungu Male
  Wundanyi Thomas Mwadeghu^2 Male
   Mwatate Andrew Mwadime Male
   Voi Johnes Mlolwa Male
   Balambala Abdikadir Aden Male
   Dadaab Mohammed Duale Male

 

 Ijara

Ahmed Abbas

Male

  Wajir North Ibrahim Abdi Saney Male
  Wajir West Abdikadir Ore Ahmed Male
 
 Tarbaj Mohammed Elmi Male
 20. Eldas Adan Keynan Wehliye Male
  Wajir South Diriye Abdullahi Mohamed Male
   North Horr Francis Chachu Male
   Laisamis Joseph Lekuton Male
   Igembe Central Cyprian Kubai Iringo Male
  Tigania East Mpuru Aburi Male
  Loima Protus Ewesit Akuja Male
  Laikipia North Mathew Lempurkel Male
  Nakuru Town West Samuel Arama Male
  Kajiado Central Joseph Nkaissery^3 Male
Elijah Memusi Male
 30. Lukuyani Enock Wamalwa Kibunguchy Male
   Lurambi Raphael Milikau Otaalo Male
  Mumias West Johnstone Naicca Male
   Butere Andrew Anyanga Male
   Khwisero Benjamin Andayi Male
  Shinyalu Silvestre Lisamula Anami Male
  Luanda Christopher Omulele Male
   Emuhaya Wilbur Ottichilo Male
   Sirisia John Waluke Koyi Male
 
Matayos Geoffrey Odanga Male
 40. Funyula Paul Otuoma Male
 
Budalangi Ababu Namwamba Male
  Ugenya David Ouma Male
  Ugunja James Wandayi Male
  Gem Jakoyo Midiwo^^ Male
  Bondo Gideon Ochanda Male
  Rarieda Nicholas Gumbo Male
 
Kisumu East Shakeel Shabbir Male
  Kisumu Central Ken Obura Male
  Seme James Nyikal Male
 50. Nyando Fred Outa Male
  Nyakach Owuor Aduma Male
  Kasipul Joseph Magwanga Male
  Kabondo Kasipul Sylvian Osele Male
  Karachuonyo James Rege Male
  Rangwe George Ogalo Male
  Homa Bay Town Martin Ogindo Male
  Ndhiwa Agostinho Neto Male
  Mbita Millie Odhiambo Female
  Suba John Mbadi Male
60.
Rongo Dalmas Otieno Male
  Suna East Junet Nuh Male
  Suna West Joseph Ndiege Male
  Uriri John Owuor Male
  Nyatike Peter Anyanga Male
  South Mugirango Manson Nyamweya Male
  Bomachoge Chache Simon Ogari Male
67.  !Nyaribari Chache !Chris Bichage Male
  Kitutu Chache South Richard Momoima Onyonka Male
  Kitutu Masaba Timothy Moseti Male
 
West Mugirango James Gesami Male
70. North Mugirango Charles Geni Male
  Westlands Timothy Wanyonyi Male
  Dagoretti North Paul Arati Male
  Langata Joash Olum Male
  Kibra Kenneth Okoth Male
  Ruaraka Tom Kajwang Male
  Mathare!! Stephen Kariuki!! Male
  Embakasi South Irshad Sumra Male
  Embakasi East John Omondi Male
  Women of Mombasa County Mishi Juma Khamisi* Female
80.
Women of Kwale County Zainab Kalekye Chidzuga* Female
  Women of Kilifi County Aisha Jumwa Katana* Female
   Women of Taita Taveta County Joyce Wanjalah Lay* Female 
  Women of Wajir County Fatuma Ibrahim Ali* Female
   Women of Marsabit County Nasra Ibrahim Ibren* Female
 
 Women of Kakamega County Rachael Amesso Amolo* Female 
 
 Women of Vihiga County Dorcas Luvalitsa Kedogo* Female
 
 Women of Busia County Florence Mwikali Mutua* Female
   Women of Siaya County Christine Oduor Ombaka* Female
  Women of Kisumu County Rose Auma Ogendo* Female
90. Women of Homa Bay County Gladys Atieno Nyasuna* Female
  Women of Migori County Dennitah Ghati* Female
  Women of Kisii County  Mary Sally Keraa* Female
  Women of Nyamira County Alice Nyanchoka Chae* Female
  Youth, Persons with Disabilities and Workers of Kenya Oburu Odinga** Male
  Youth, Persons with Disabilities and Workers of Kenya Zulekha Hassan Juma** Female
 96. Youth, Persons with Disabilities and Workers of Kenya Isaac Mwaura** Male

 ^1,2 Minority Chief Whip (Parliamentary Standing Order No. 2). Served until the 23rd of July 2014, whereupon he was replaced by Thomas Mwadeghu of Wundanyi.

^^ Deputy Minority Leader (Article 108.)

* Elected Woman Member for the County (Article 97.(1))

** Nominated Member of the National Assembly (Article 97.(1)(c))

A successful election petition saw the election results for Nyaribari Chache nullified by the High Court on the 7 October 2013(the Court of Appeal upheld the decision of the lower Court) due to malpractices in the exercise. A by-election on the 30th December was won by Richard Tongi of Ford People Party.

!! ODM captured the seat from former MP TNA's George Wanjohi in a by-election held on the 11th August 2014.

^3 Nkaissery ceased to be the MP for Kajiado Central when he resigned his membership in ODM on the 24th of December 2014 (Article 103. (1) (e) (i)). He did so in order to take up a Cabinet Secretary position (Article 152. (3)). He was replaced by Memusi Kanchory who won the by-election of 16th March 2015.

 

Table 2.3 - Party: The National Alliance (TNA)

 

 
Constituency
Representative
Gender

1.

Kinango

Samuel Gonzi Rai

Male

 

Bura

Ali Wario

Male
 

Taveta

Naomi Shaaban^

 Female

 

 Lagdera

Mohammed Shidiye

Male

 

Igembe South

Franklin Mithika Linturi Male
 

Igembe North

Joseph M'Eruaki M'Ethari Male
 

Tigania West

David Karithi Male
 

South Imenti

Kathuri Murungi Male
 

Maara

Kareke Mbiuki Male
 10.

Manyatta

John Nyaga Male
 

Runyenjes

Cecily Mbarire Female
 

Mbeere South

Mutava Musyimi Male
 

Kinangop

Stephen Mburu Male
 

Ol Kalou

David Njuguna Male
 

Ol Jorok

John Muriithi Waiganjo Male
 

Ndaragwa

Francis Waweru Male
 

Tetu

James Ndung'u Male
 

Kieni

James Kanini Male
 

!!Othaya

!!Mary Wambui Female
 20.

Mukurweini

Kabando Wa Kabando Male
 

Nyeri Town

Esther Murugi Female
 

Mwea

Peter Njuguna Gitau Male
 

Gichugu

Ejidius Njogu Barua Male
 

Ndia

Stephen Ngare Male
 

Kirinyaga Central

Joseph Gitari Male
 

Kangema

Tyrus Ngahu Male
 

Mathioya

Clement Muchiri Wambugu Male
 

Kiharu

Irungu Kang'ata Male
 

Kigumo

Jamleck Kamau Male
 30.

Maragwa

Peter Mwangi Male
 

Kandara

Alice Muthoni Wahome

Female

 

Gatundu South&

 

Joseph Nyumu& Male
   Moses Kuria Male 
 

Gatundu North

Francis Njenga Male
 

Juja

Francis Waititu Male
 

Thika Town

Alice N Wambui Female
 

Ruiru

Esther Nyambura Gathogo Female 
 

Githunguri

Peter Njoroge Baiya Male
 

Kiambu

Jude L Kang'ethe Njomo Male
 

Kiambaa

Paul Koinange Male
 40.

~Kabete

George Muchai~ Male
40.

Kikuyu

Anthony Kimani Ichung'wa Male
 

Limuru

John Kiragu Chege Male
 

Lari

Joseph Kahangara Male
 

Turkana South

James Lomenen Ekomwa Male
 

Samburu North

Aloise Musa Lentoimaga Male
 

Samburu East

Raphael Lakalei Letimalo Male
 

Laikipia West

Stephen Karani Male
 

Laikipia East

Anthony Kimaru Male
 

Molo

Jacob Macharia Male
 

Njoro

Joseph Kiuna Male
 50.

Naivasha

John Kihagi Male
 

Gilgil

Samuel Ndiritu Male
 

Subukia

Nelson Gaicuhie Male
 

Bahati

Onesmus Ngunjiri Male
 

Nakuru Town East

David Gikaria Male
 

Narok North

Richard Moitalel Ole Kenta Male
 

Kajiado North

Joseph Manje Male
 

Kajiado East

Peris Tobiko Female
  Kajiado West Moses Ole Sakuda Male 
 

Kajiado South

Katoo Ole Metito^^ Male
 60.

!Bomachoge Borabu

!Joel Onyancha Male
 

Kitutu Chache North

Jimmy Angwenyi Male
 

Dagoretti South

Dennis Kariuki Waweru Male
 

Roysambu

Isaac Waihenya Ndirangu Male
 

Kasarani

John N Chege Male
 

Embakasi North

James Mwangi Male
 

Embakasi Central

John Ndirangu Male
 

Embakasi West

George Theuri Male
 

Makadara

Benson Mutura Male
  Kamukunji Yusuf Hassan Male
70.  Starehe Maina Kamanda Male
  !!!Mathare !!!George Wanjohi Male
  Women of Isiolo County Tiyah Galgalo Ali* Female
  Women of Meru County Florence Kajuju* Female
  Women of Tharaka-Nithi County
Beatrice Nkatha Nyaga* Female
  Women of Embu County Rose Rwamba Mitaru* Female
 
Women of Nyandarua County Wanjiku Muhia* Female
  Women of Nyeri County Priscilla Nyokabi Kanyua* Female
  Women of Kirinyaga County Winnie Karimi Njuguna* Female
  Women of Murang'a County Sabina Wanjiru Chege* Female
  Women of Kiambu County
Annah Nyokabi Gathecha* Female
 80. Women of Samburu County
Maison Leshoomo* Female
  Women of Laikipia County Jane Agnes Wanjira Machira* Female
  Women of Nakuru County Mary Njoki Mbugua* Female
  Women of Kajiado County Mary Yiane Seneta* Female
  Women of Nairobi County Rachael Wambui Shebesh* Female
  Youth, Persons with Disabilities and Workers of Kenya Amina Abdalla** Female
  Youth, Persons with Disabilities and Workers of Kenya Johnson Arthur Sakaja** Male
87. Youth, Persons with Disabilities and Workers of Kenya Janet Marania Teiyaa** Female

 * Elected Woman Member for the County (Article 97.(1))

 **Nominated Member of the National Assembly (Article 97.(1)(c))

 ^Deputy Leader of the Majority Party (Parliamentary Standing Order No. 2)

^^ Majority Chief Whip (Parliamentary Standing Order No. 2)

A successful election petition saw the election results for Bomachoge Borabu nullified by the High Court on the 7 October 2013, due to malpractices in the exercise. The incumbent retained his seat in the by-election of December 19.

!! A successful appeal saw the election results for Othaya nullified by the  Appeals Court sitting in Nyeri on the 13th Feb 2014. However, on the 5th of May, the Supreme Court found that the Appeals Court ruling was null and void given that the original appeal at the High Court in 2013 was filed out of time.

!!! A successful appeal saw the election results for Mathare nullified by the  Appeals Court sitting in Nairobi on the 17th March 2014. George Wanjohi lost in the by-election held on the 11th of August 2014 to ODM's Stephen Kariuki.

& Joseph Nyumu passed away on the 21st of May 2014. The IEBC cancelled the scheduled by-election as there was only one candidate, Moses Kuria who was thus elected unopposed on the 7th of August, 2014.

~ George Muchai was shot dead in the early morning of 7th February 2014 in Nairobi. The resultant by-election of 4th May 2015, was won by Jubilee Alliance Party's Ferdinand Waititu. (See Table 2.22 below).

 

Table 2.4 - Party: United Democratic Forum (UDF)

 

 
Constituency
Representative
Gender
1.

Galole

Hassan Abdi Dukicha

Male

2 .

Lamu East

Shariff Athman Ali

Male

3 .

Moyale

Roba Sharu Duba

Male

4.

Lugari

Ayub Savula Angatia

Male

5.

Navakholo

Emmanuel Wangwe

Male

6.

Mumias East

Benjamin Jomo Washiali^

Male

7.

 Ikolomani

Bernard Masaka Shinali

Male

8.

Vihiga

Yusuf Kifuma Chanzu

Male

9.

Sabatia

Alfred Agoyi Masadia

Male

10.

Webuye East

Alfred Wekesa Sambu

Male

11.

Nambale

Sakwa John Bunyasi

Male

12.

Youth, Persons with Disabilities and Workers of Kenya

Hassan Aden Osman*

Male

^ Majority Deputy Chief Whip (Parliamentary Standing Order No. 2)

 * Nominated Member of the National Assembly (Article 97.(1)(c))

 

Table 2.5 - Party: Wiper Democratic Movement - Kenya (WDM-Kenya)

 

 
Constituency
Representative
Gender

1.

Jomvu

Bady Twalib Bady

Male

 

Nyali

Hezron Awiti Bollo

Male

 

Mwingi North

Munuve Mati

Male

 

Mwingi West

Bernard Munywoki Kitungi

Male

 

Mwingi Central

Joe Musyimi Mutambu

Male

  Kitui West

Francis Mwanzia Nyenze^

Male
  Kitui Rural

Charles Nyamai

Male
  Kitui Central

Benson Mulu

Male
  Kitui East

Marcus Mutua

Male
10. !Matungulu

!Stephen Mule

Male
  Kathiani

Robert Mbui

Male
  Mavoko

Patrick Makau

Male
  Mbooni

Michael Kisoi

Male
  Kilome

Regina Nthambi Muia

Female
  Kaiti

Richard Makenga

Male
  Makueni

Daniel Kitonga Maanzo

Male
  Kibwezi East

Jessica Mbalu

Female
  Alego Usonga

George Washington Mallan Omondi

Male
  Borabu

Ben George Orori Momanyi

Male
 20. Women of Tana River County

Halima Ware Duri*

Female
  Women of Lamu County

Shakila Abdalla Mohamed*

Female
  Women of Garissa County

Shukran Hussein Gure*

Female
  Women of Kitui County

Winfred Nyiva Mwendwa*

Female
  Women of Machakos County

Susan Mbinya Musyoka*

Female
  Women of Makueni County Rose Museo Mumo* Female
26. Youth, Persons with Disabilities and Workers of Kenya Bishop Robert Mutemi Mutua** Male

^ Leader of the Minority (Article 108.)

* Elected Woman Member for the County (Article 97.(1))

** Nominated Member of the National Assembly (Article 97.(1)(c))

! A successful election petition saw the election results for Matungulu nullified by the High Court on the 30 July 2013, due to irregularities in the exercise. Mr Mule recaptured the seat in the by-election of 17 October 2013.

 

Table 2.6 - Party: United Republican Party (URP)

 

 
Constituency
Representative
Gender
1.

Magarini

Harisson Garama Kombe

Male

 

Garsen

Ibrahim Ahmed Sane

Male

 

Garissa Township^^

Aden Duale

Male

 

Fafi

Elias Bare

Male
 

Wajir East

Abbas Sheikh Mohamed

Male

 

Mandera West

Mohammed Maalim Mahamud

Male

 

Banissa

Mohamed Abdi Haji Mohamed

Male

 

Mandera North

Adan Mohamed Nooru

Male

 

Mandera South

Mohamed Adan

Male

 10.

Mandera East

Abdulaziz Ali Farah

Male

 

Lafey

Shaaban Ali Isaack

Male

 

Saku

Ali Rasso Dido

Male

 

Isiolo North

Joseph Lomwa

Male
 

Isiolo South

Abdullahi Jaldesa Banticha

Male
 

Tharaka

Alex Mburi

Male
 

Turkana North

Christopher Doye Nakulei

Male
 

Turkana West

Daniel Epuyo Nanok

Male
 

Turkana Central

John Nakala

Male
  Sigor Philip Lotiolo Ruto Rotino Male
 20.  Kacheliba Mark Lomunokol Male
 

Pokot South

David Pkosing Losiakou

Male
 

Samburu West

Jonathan Lelelit Lati

Male
 

Endebess

Robert Pukose

Male
 

Soy

Edwin Kipruto Barchilei

Male
 

Turbo

Elisha Busienei

Male
 

Moiben

Silas Kipkoech Tiren

Male
 

Ainabkoi

Samuel Kiprono

Male
 

Kapseret

Oscar Sudi

Male
 

Kesses

James Kimaru Bett

Male
30.

Marakwet East

David Kangogo Bowen

Male
 

Marakwet West

William Kipkemoi Kisang

Male
 

Keiyo North

James Kipkosgei Murgor

Male
 

Keiyo South

Jackson Kiplagat Kiptanui

Male
 

Tinderet

Julius Kibiwott Melly

Male
 

Aldai

Cornelly Serem

Male
 

Nandi Hills

Alfred Kiptoo Keter

Male
 

Chesumei

Elijah Lagat

Male
 

Emgwen

Alexander Kosgey

Male
 

Mosop

Stephen Bitok

Male
40.

Tiaty

Asman Kamama Abongotum

Male
 

Baringo North

William Cheptumo

Male
 

Baringo Central

Sammy Mwaita

Male
 

Baringo South

Grace Jelagat Kipchoim

Female
 

Eldama Ravine

Moses Lesonet

Male
 

Kuresoi South

Zakayo Cheruiyot Male
 

Kilgoris

Gideon Konchella

Male
 

Narok East

Lemanken Aramat Male
  Narok South Korei Ole Lemein Male
  Narok West Patrick Ole Ntutu Male
50.
Kipkelion East Kirui Limo Male
  Kipkelion West Eric Jackson Kipkorir Rop Male
  Ainamoi Benjamin Langat Male
  Bureti Leonard Sang Male
  Sigowet/Soin Kipsang Kemei Male
  Sotik Joyce Laboso^ Female
  Chepalungu Paul Bii Male
  Bomet East Bernard Kipkirui Bett Male
  Bomet Central Richard Tonui Male
 

Konoin

Sammy Koech Male
 60.

Teso North

Arthur Odera Male
 

Teso South

Mary Emaase Otuch Female
 

Kuria West

Matheas Robi Male
 

Women of Mandera County

Mahbub Fathia* Female
 

Women of Turkana County

Joyce Akai Emanikor* Female
 

Women of West Pokot County

Regina Nyeris Changorok* Female
 

Women of Uasin Gishu County

Eusilah Jepkosgei Ngeny* Female
 

Women of Elgeyo Marakwet County

Susan Kipketer Chebet* Female
 

Women of Nandi County

Zipporah Jesang Kurgat Kering* Female
 

Women of Baringo County

Grace Jemutai Kiptui* Female
 70.

Women of Narok County

Roselinda Soipan Tuya* Female
 

Women of Kericho County

Hellen Chelangat Chepkwony* Female
 

Women of Bomet County

Cecilia Chelangat Ngetich* Female
 

Youth, Persons with Disabilities and Workers of Kenya

Korere Sara Paulata** Female
 

Youth, Persons with Disabilities and Workers of Kenya

Abdi Noor Mohammed Ali** Male
75.

Youth, Persons with Disabilities and Workers of Kenya

Sunjeev Kour Birdi** Female

  * Elected Woman Member for the County (Article 97.(1))

 **Nominated Member of the National Assembly (Article 97.(1)(c))

^Elected as the Deputy Speaker of the National Assembly (Article 106.(1)(b))

 ^^Nominated as the Leader of the Majority Party (Article 108.)

 

Table 2.7 - Party: Forum for the Restoration of Democracy -Kenya (FORD-Kenya)

 

 
Constituency
Representative
Gender
1. !Lunga Lunga !Khatibu Mwashetani Male
2. Turkana East
Nicholas Ngikor Nixon
Male
3.  Kwanza Ferdinard Kevin Wanyonyi Male
4. Kiminini Chrisantus Wamalwa Wakhungu* Male
5. Kabuchai James Lusweti Mukwe Male
6. Kanduyi Athanas M Wafula Wamunyinyi Male
7. Kimilili Suleiman Murunga Kasuti Male
8. Tongaren David Eseli Simiyu Male
9. Kisumu West John Olago Aluoch Male
10. Awendo Jared Odhiambo Opiyo Male
11. Youth, Persons with Disabilities and Workers of Kenya Patrick Wangamati** Male

* Minority Deputy Chief Whip (Parliamentary Standing Order No. 2)

** Nominated Member of the National Assembly (Article 97.(1)(c))

! A successful election petition saw the election results for Lung Lunga nullified. The High Court in Mombasa ruled on the 26 Sept 2013 that the election was marred by irregularities. However, the ruling was overturned on the 27 November by the Court of Appeal sitting in Malindi.

 

Table 2.8 - Party: Kenya African Democratic Union Asili (KADU-A)

 

 
Constituency
Representative
Gender

1.

 Kaloleni

Mwinga Gunga Chea

Male

 

Table 2.9 - Party: Federal Party of Kenya FPK

 

 
Constituency
Representative
Gender

1.

 Ganze

Peter Safari Shehe

Male

2.

Hamisi

Charles Gumini Gimose Male
3.

Butula

Michael Aringo Onyura

Male

 

Table 2.10 - Party: Alliance Party of Kenya (APK)

 

 
Constituency
Representative
Gender

1.

 North Imenti

Abdul Rahim Dawood

 Male

2.

Central Imenti

Gideon Mwiti Irea Male
3.

Chuka/Igambang'ombe

Onesmus Muthomi Njuki Male
4..

Mbeere North

Charles Muriuki Njagagua Male

5.

Kipipiri

Samuel Kamunye Gichigi  Male

 

Table 2.11 - Party: Maendeleo Democratic Party (MDP)

 

 
Constituency
Representative
Gender

1.

Malava

Moses Malulu Injendi

Male

 

Table 2.12 - Party: Kenya African National Union (KANU)

 

 
Constituency
Representative
Gender

1.

 Kapenguria

Samuel Moroto Male

2.

Mogotio

Hellen Jepkemoi Sambili

Female

3.

 Kuresoi North

Moses Kipkemboi Cheboi

Male

4.

 Rongai

Raymond Kipruto Moi

Male
5.

Belgut

Eric arap Keter

Male
6.

Kuria East

Shadrack Roger Mwita Manga

Male

 

Table 2.13 - Party: Forum for the Restoration of Democracy - People (FORD-People)

 

 
Constituency
Representative
Gender

1.

Masinga

Benson Itwiku Mbai

Male

2.

!Bonchari

!Zebedeo Opore

Male

!!John Oroo Oyioka

Male

!!!Zebedeo Opore

 Male

3.

Bobasi

Stephen Kengere Manoti Male

4.

Nyaribari Chache 

Richard Nyagaka Tongi* Male 

! A successful election petition saw the election results for Bonchari overturned in favour of the petitioner John Oroo Oyioka by the High Court in Kisii ruling on the 20 Sept 2013 that the IEBC did not properly tally the votes. The IEBC had found only a 5 vote difference between the winner and Mr John Oroo Oyioka.

!!However, on the 13th of March 2014, the Appeals Court sitting in Kisumu overturned the ruling of the lower court, declaring that the winning margin of just 4 votes that John Oroo Oyioka had over Zebedeo Opore was too small to be conclusive. 

!!!In a court-ordered by-election held on the 23rd of June, Zebedeo Opore recaptured the seat this time with more than 4,000 votes over John Oroo Oyioka.

*He won in a court-ordered by-election held on the 30th of December 2013 after the nullification of the election of Dr Chris Bichage of the ODM Party

 

 

Table 2.14 - Party: Kenya National Congress

 

 
Constituency
Representative
Gender

1.

Lamu West

Julius Ndegwa Kariuki

Male

2.

 Emurua Dikirr

Johana Ng'eno Kipyegon Male

 

Table 2.15 - Party: National Rainbow Coalition (NARC)

 

 
Constituency
Representative
Gender

1.

Kitui South Rachael Kaki Nyamai Female

2.

Mathira

Peter Weru Kinyua Male

3.

Gatanga

Humphrey Kimani Njuguna Male

 

Table 2.16 - Party: New-FORD-Kenya

 

 
Constituency
Representative
Gender

1.

 Matungu

David Were

Male

2.

 Saboti

David Wafula Wekesa Male

3.

 Bumula

Otsiula, Bonface Okhiya

Male

4.

Webuye West

Daniel Wanyama Sitati

Male

5.

Women of Trans Nzoia County

Janet Nangabo Wanyama*

Female

6.

Women of Bungoma County

Reginalda Nakhumicha Wanyonyi*

Female

  * Elected Woman Member for the County (Article 97.(1))

 

Table 2.17 - Party: Muungano Party (MP)

 

 
Constituency
Representative
Gender

1.

Yatta Francis Mwangangi Kilonzo

Male

 

Table 2.18 - Party: The Independent Party (TIP)
 
 
Constituency
Representative
Gender

1.

Kangundo Maweu Kyengo Katatha Male
 
Table 2.19 - Party: Chama Cha Uzalendo (CCU)

 

 
Constituency
Representative
Gender

1.

Machakos Town Victor Kioko Munyaka

Male

2.

Mwala Vincent Musyoka Musau

Male

 

Table 2.20 - Party: People's Democratic Party (PDP)

 

 
Constituency
Representative
Gender

1.

Muhoroni James Onyango Oyoo

Male

 

Table 2.21 - Independent Candidates

 

 
Constituency
Representative
Gender

1.

Buuri

Boniface Gatobu Kinoti

Male

2.

!Kibwezi West

!Patrick Mweu Musimba

Male

3.

Cherangany

Wesley Kipchumba Korir Male

4.

 Mt Elgon

John Bomett Serut

Male

! A successful election petition saw the election results for Kibwezi West nullified by the High Court on the 15 August 2013, due to irregularities in the exercise. Mr Musimba recaptured the seat in the subsequent by-election on the 17 October 2013.

 

 

Table 2.22 - Party: Jubilee Alliance Party (JAP)

 

 
Constituency
Representative
Gender
1.

Kabete

Ferdinand Waititu*

Male

* Waititu, elected in a by-election of May 4 2015, is the first MP to be elected under the JAP, a new party formed in early 2015.

 

To be legally constituted, a sitting of the National Assembly must have a quorum of one-seventh of all the members, equivalent to 50 members. This number will be sufficient to transact most of the business of the Assembly that includes debating and voting. Part 5- Parliament's General Procedures and Rules, Articles 121, 122, excerpts:

121. The quorum of Parliament shall be–– (a) fifty members, in the case of the National Assembly; ........

This (apparently) small number of fifty members is often cited as being unreasonably and undemocratically low by stakeholders whenever a Bill they are opposed to is passed in the House. For example, in October 2013, the Assembly passed the Kenya Information and Communication Bill 2013, and many media industry players were quick to negatively highlight the low number of 60 legislators present during the voting of the Bill - never mind that the Assembly numbers did not contravene Article 121 when voting for the Bill:

122. (1) Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and voting.

There is a mild hierarchical order within the National Assembly that recognises Majority and Minority Party Leaders. Excerpts from Part 3 - Offices of Parliament: 

108. (1) There shall be a leader of the majority party and a leader of the minority party.
(2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.
(3) The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.
(4) The following order of precedence shall be observed in the National Assembly–– (a) the Speaker of the National Assembly; (b) the leader of the majority party; and (c) the leader of the minority party.

The life cycle of the National Assembly is tied to the holding of a general election:

102. (1) The term of each House of Parliament expires on the date of the next general election.

However, the constitution allows for limited extensions under the exceptional circumstances of war:

(2) When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.
(3) The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

 


 

Committees

 

The New Constitution has sought to revitalize Committees of Parliament. Committees of the House serve to expedite parliamentary business by allowing for small representative units of Parliamentarians to invite public input and participation in Bills preparation, conduct studies, investigations, and vet public appointments, evaluate estimates and budgetary requests etc., after which the committees table their reports in the House.

In general, the recommendations of these committees are often adopted by the plenary. Occassionally, these reports are rejected. For example, on the 19th of November 2013, the recommendation of the Administration and National Security Committee (Departmental) rejecting the Presidential nominee for the Chair of the National Campaign Against Drug Abuse NACADA was overturned by the House.

In March 2014, the House again rejected another report jointly prepared by the same Administration and National Security Committee and the Defence and Foreign Relations Committee (Departmental) on grounds of incompetence, shoddiness, and a waste of public funds. The two Committees had attempted to investigated the terror attack that took place in September 2013 at the Westgate shopping mall in Nairobi.

Perhaps what such rejections of Committee reports did, was to amplify calls for the enactment of more clear regulations that define the terms and jurisdiction of parliamentary investigations, as traditionally, criminal investigations are really the preserve of statutory and better equipped government agencies, such as the Criminal Investigation Department of the National Police Service, the Ethics and Anti-Corruption Commission EACC, and Constitutional Commissions.

Furthermore, Parliament lacks the wherewithal to see out such investigations through the court system. "We have become a country where pseudo-organs with amorphous roles take up tasks that they have no capacity to accomplish." (Vitalis Musebe, 2014). Indeed, some of the Committees have had the audacity to go ahead and launch own investigations on matters that are pending before the Courts, contrary to the law.

It is hoped that with the separation of powers - whereby Cabinet Secretaries will no longer be drawn from Members of Parliament, Committees of the House will function with more freedom and independence. Excerpts from Article 124 of Chapter 8 - The Legislature, Part 5 - Parliament's General Procedures and Rules:

124. (1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.

However, old habits die hard. In 2014, the National Assembly overstepped its oversight mandate when it formed a curiously-named 'Committee of the Whole House' ostensibly to compel Cabinet Secretaries to appear before its Tuesday plenary sessions as would happen under the old constitution. The Commission for the Implementation of the Constitution CIC termed the move by the NA as illegal. Soon after, the CSs were ordered by the Presidency not to appear before this particular Committee.

Committees of the National Assembly fall under four broad categories: Committees of the Whole House aka House Keeping (four); Standing Committees (seven); Ad hoc Select Committees; and  Departmental Committees (8); The first Committee to be constituted soon after the 4th President was sworn in April of 2013, was the House Business Committee. This Committee of 28 members is a Committee of the Whole House, and will serve for 3 years.


1) House Business Committee

 

This Committee, which is a Committee of the whole House is mandated to manage the Parliamentary Calendar - scheduling or programming of the business - issue directives and guidelines to prioritize or postpone any business of the House. Its membership is given below: 

 

Table 3.1 - House Business Committee (Whole House)

 

 
Member
Gender
Party
Representation
 County
1 (Speaker) Justin Muturi
Male N/A N/A  N/A
(Leader of Majority) Aden Duale
 Male URP  Garissa Township  Garissa
(Leader of Minority) Francis Nyenze
Male Wiper  Kitui West Kitui
(Deputy Leader of Majority) Naomi Shaaban  Female  TNA  Taveta Taita Taveta
(Deputy Leader of Minority) Jakoyo Midiwo  Male  ODM  Gem Siaya
  27 Other Members        

 

2) Committee on Appointments

 

This is a Standing Committee in place for 3 years. It considers, for approval by the House, appointments under Articles 152. (2) (Cabinet secretaries). It approved 15 of 16 Cabinet Secretary nominees but the whole House unanimously approved all 16 of them on the 14 May 2013. The quorum of the Committee on Appointments is one half of the Members of the Committee.

 

Table 3.2 - Committee on Appointments (Standing)

 

 
Member
Gender
Party
Representation
 County
 1 (Speaker) Justin Muturi (Chair) Male N/A N/A N/A
(Leader of Majority) Aden Duale
 Male URP Garissa Township  Garissa
(Leader of Minority) Francis Nyenze
Male Wiper  Kitui West Kitui
(Deputy Speaker) Joyce Laboso Female URP Sotik Bomet
(Deputy Leader of Majority) Naomi Shabaan Female TNA Taveta Taita Taveta
(Deputy Leader of Minority) Jakoyo Midiwo Male  ODM Gem Siaya
  21 Other Members        

 

3) Public Accounts Committee PAC

 

This is a 27-member Standing Committee responsible for the examination of the accounts showing the appropriations of the sum voted by the House to meet the public expenditure and of such other accounts. It serves for 3 years after which it is reconstituted.

 

Table 3.4 - Public Accounts Committee PAC (Standing)

 

 
Member
Gender
Party
Representation
 County
Ababu Namwamba (Chair)
Male ODM Budalangi Busia
1 Nicholas Gumbo (Chair) Male ODM Rarieda Siaya
Cecily Mbarire (V/Chair)
Female TNA Runyenjes Embu
2 Jackson Rop (V/Chair) Male URP Kipkelion West Kericho
  25 Other Members        

 

However, the first PAC (led by Namwamba and Mbarire) following the March 2013 General Elections did not complete its 3 year term after it was disbanded in April of 2015 by the House following reports of corruption within its ranks based on investigations by the House's own Privileges Committee. For purposes of continuity, 6 out of 27 members of the old Committee would be retained in the new, despite the fact that 5 of those who served in the old committee were barred from being reelected to serve in the new.

 

4) Administration and National Security Committee (Departmental)

 

This Committee did, in May 2013, vet and approve, the nominee for Secretary to the Cabinet. 

 

5) Other Committees of the National Assembly

 

 5

Committee on Selections (House Keeping) 

6

Public Investments Committee (Standing) 

7

Defence and Foreign Relations Committee (Departmental)

8

Procedure and House Rules Committee (House Keeping)

9

Liaison Committee (House Keeping)

10

Budget and Appropriations Committee (Standing)

11

Committee on Implementation (Standing)

12

Committee on Delegated Legislation (Standing)

13

Committee on Regional Integration (Standing)

14

Agriculture, Livestock and Cooperatives Committee (Departmental) 

15

Environment and Natural Resources Committee (Departmental)

16

Education, Research and Technology Committee (Departmental)

17

Energy, Communication and Information Committee (Departmental)

18

Finance, Planning and Trade Committee (Departmental)

19

Health Committee (Departmental)

20

Justice and Legal Affairs Committee (Departmental)

21

Labour and Social Welfare Committee (Departmental)

22

Lands Committee (Departmental)

23

Transport, Public Works and Housing Committee (Departmental)

24

Committee on Constituency Development Fund

25

Constitution Implementation Oversight Committee

26

Catering and Health Club Committee (House Keeping)

27

Pensions Committee

28

Committee on National Cohesion and Equal Opportunity (Joint)

29

Committee on Parliamentary Broadcasting and Library (Joint)

 

In order to facilitate their full and functional autonomy, the Constitution has granted Parliament powers to legislate for the effective and unhindered operation of parliamentary committees:

117. (2) Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of ...... its committees, ........ the chairpersons of committees and members.

To assist these Committees to perform their oversight roles effectively, the constitution has granted them powers equivalent to those of a High Court to summon witnesses, to compel persons or other legal entities to provide information that may assist the Committees' investigations. Excerpts from Article 125:

125. (1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court— (a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; (b) to compel the production of documents; and (c) to issue a commission or request to examine witnesses abroad.

These powers are, however, of a quasi-judicial as opposed to being of a legislative nature and as such, are "....... subject to the supervisory jurisdiction of the High Court." (PETITION NO. 518 OF 2013). This distinction was made clear when the Justice and Legal Affairs Committee of the House found itself with egg in the face in November 2013 when it summoned the Commissioners of the Judicial Service Commission JSC to appear before it to explain the suspension of the Chief Registrar. The Commissioners defied the summons and went to Court instead to rule on the legality of the summons. The High Court ruled that the actions of the Committee were unconstitutional. The JSC had insisted that the removal of the Chief Registrar was an internal matter. 

This matter did not end with the Court ruling. In fact, the Committee went on to table the petition recommending the removal of six Commissioners from the JSC for a vote before the House. The National Assembly approved the petition on the 7th of November, and its Speaker sent it to the President to establish a Tribunal to investigate the six Commissioners.

 

 


 

Hansard & Records

 

All proceedings and debates that take place in the Chambers of Parliament must be in the open, on record, and published in the Hansard reports. In other words, the business of the House and those conducted by Committees must allow for the full participation and input of the public and facilitate public broadcast except in very exceptional circumstances and to which a reason must be given:

118. (1) Parliament shall— (a) conduct its business in an open manner, and its sittings and those of its committees shall be open to the public; and (b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees.
(2) Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion.

Click on the following link in Parliament's official website for more on the  Parliamentary Hansards of the current (eleventh) Parliament.

 

Motions

 

These are proposals made by a member of the House in the debating chamber seeking the adoption of a decision. Motions can be initiated by a member's own initiative or by way of a petition made by 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.

Indeed, on the 22nd of April 2015, a member of the public, Geoffrey Oriaro, had his petition complete a successful conclusion when the National Assembly adopted a report of its Departmental Committee on Justice and Legal Affairs to remove the Chair and Vice-Chair of the constitutional Ethics and Anti Corruption Commission, EACC.

(2) Parliament shall make provision for the procedure for the exercise of this right.

This provision is facilitated by the Petitions to Parliament (Procedure) Act 2012 enacted in August 2012.

Click on the following link for more on the available Parliamentary Motions as listed on current (eleventh) Parliament's official website.

 

Sessional Papers

 

Sessional Papers are oftentimes what the Government uses to develop policy frameworks for implementation. Numerous Sessional Papers spanning the over 90 years of parliamentary legislation in Kenya have been drafted, tabled, and adopted. Click on the following link for more on the available Sessional Papers at the official website of the current (eleventh) Parliament.

 


 

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.

 

 


 

References:

1. Constitution of Kenya, 2010. National Council for Law Reporting. The Attorney General.

2. Constitution of Kenya Revised Edition 2008 (2001). National Council for Law Reporting. The Attorney General.

3. The Kenya Gazette Volume CXV - No.45, of March 13, 2013. Government of Kenya.

4. The Kenya Gazette Volume CXV - No.50, of March 20, 2013. Government of Kenya.

5. Website of the Parliament of Kenya. The National Assembly. Retrieved May 2013.

6. RICHARD KALEMBE NDILE & another v PATRICK MUSIMBA MWEU & 2 others [2013] eKLR. Election Petition 1 & 7 of 2013. High Court at Machakos. National Council for Law Reporting. The Attorney General.

7. THOMAS MALINDA MUSAU & 2 others v INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 others [2013] eKLR. Election Petition 2 of 2013. High Court at Machakos. National Council for Law Reporting. The Attorney General.

8. Petitions to Parliament (Procedure) Act 2012. National Council for Law Reporting. The Attorney General. 

9. JOHN OROO OYIOKA & ANOTHER V INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 OTHERS[2013]eKLR. High Court of Kisii. Election Petition 2 & 4 of 2013. National Council for Law Reporting. The Attorney General.

10.  Judicial Service Commission v Speaker of the National Assembly & another [2013] eKLR. PETITION NO. 518 OF 2013. National Council for Law Reporting. The Attorney General.

11. "Kenyan MPs pass Draconian Media Law". Daily Nation Online Article of 31 October 2013. Retrieved November 2013.

12. Petition to compel the President to appoint a Tribunal to investigate six Commissioners of the JSC. Website of the Parliament of Kenya. Retrieved November 2013.

13. "MPs clear soldiers to stop clan fights in Marsabit, Samburu, West Pokot and Turkana". Daily Nation Online Article of 6 December 2013. Retrieved December 2013.

14. Hansard Report 5th December, 2013 Afternoon. Website of The National Assembly. Accessed December 2013.

15. "Supreme Court reinstates Mary Wambui as Othaya MP". Daily Nation Online Article of 05 May 2014. Retrieved May 5, 2014.

16. Mzalendo.com, "Eye on Kenyan Parliament." Retrieved 2014.

17. Vitalis Musebe, 2014. "Define Role of Parliamentary Committees". Daily Nation Online Article of 10 November 2014.

18. "You are violating the Constitution, CIC tells National Assembly, Senate." Website of the CIC. Accessed November 2014.

19. Alleged breach of privilege and/or code of conduct by the membership of Public Accounts Committee. Website of the Parliament of Kenya. The National Assembly. Retrieved May 2015.

20. "Ababu Namwamba and Public Accounts team sent home over graft claim." Daily Nation Online Article of 14 April 2015. Retrieved May 2015.

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