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 10^th 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 261, excerpts:

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 5^th 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:

 

 

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 1^st 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
		Willy Mtengo^4	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 24^th 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 16^th March 2015.

^⁴ Kazungu ceased to be the MP for Malindi when he resigned his membership in the National Assembly on the 16^th of December 2015 (Article 103. (1) (d) ). He did so in order to take up a Cabinet Secretary position (Article 152. (3)). He was replaced by Willy Mtengo who won the by-election of 7^th March 2016.

 

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 13^th 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 17^th 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 21^st 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 7^th 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 13^th 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 23^rd 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 4^th 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
2	(Leader of Majority) Aden Duale	Male	URP	Garissa Township	Garissa
3	(Leader of Minority) Francis Nyenze	Male	Wiper	Kitui West	Kitui
4	(Deputy Leader of Majority) Naomi Shaaban	Female	TNA	Taveta	Taita Taveta
5	(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
2	(Leader of Majority) Aden Duale	Male	URP	Garissa Township	Garissa
3	(Leader of Minority) Francis Nyenze	Male	Wiper	Kitui West	Kitui
4	(Deputy Speaker) Joyce Laboso	Female	URP	Sotik	Bomet
5	(Deputy Leader of Majority) Naomi Shabaan	Female	TNA	Taveta	Taita Taveta
6	(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
1	Ababu Namwamba (Chair)	Male	ODM	Budalangi	Busia
1	Nicholas Gumbo (Chair)	Male	ODM	Rarieda	Siaya
2	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 7^th 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 22^nd 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 10^th 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 11^th 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.