Understanding how laws are made in Kenya helps you appreciate the democratic process and see opportunities to participate in lawmaking. Here is a simple guide to Kenya’s lawmaking process.
Kenya’s Parliament Structure
Kenya has a bicameral (two-house) parliament:
National Assembly
The National Assembly has 349 members:
- 290 elected from constituencies
- 47 women representatives (one per county)
- 12 nominated members representing special interests
The National Assembly primarily handles matters affecting the whole country and controls national finances.
Senate
The Senate has 68 members:
- 47 elected senators (one per county)
- 16 women nominated by political parties
- 2 members representing youth
- 2 members representing persons with disabilities
- The Speaker (who does not vote except to break ties)
The Senate protects county interests and participates in oversight of national government.
What is a Bill?
A bill is a proposed law. It is a draft of what the law will say if it is passed. Bills can be:
- Public Bills: Affect the general public
- Private Bills: Affect specific individuals, groups, or areas
- Private Members’ Bills: Introduced by individual MPs or Senators
- Government Bills: Introduced by the Cabinet or the executive
Who Can Introduce a Bill?
Several people can introduce bills in Kenya’s parliament:
Cabinet Secretaries
Most government bills are introduced by Cabinet Secretaries on behalf of the President and Cabinet.
Members of Parliament
Any MP or Senator can introduce a Private Members’ Bill. These bills often address issues the member’s constituents care about.
Senate or National Assembly Committees
Parliamentary committees can introduce bills related to their mandate.
County Governments
Counties can propose bills through Senators on matters affecting counties.
How a Bill Becomes Law
The journey from bill to law involves several steps:
Step 1: First Reading
When a bill is introduced, it is formally read for the first time. This is usually just reading the bill’s title. No debate happens at this stage. The bill is then published and circulated to all members.
Step 2: Second Reading
This is the most important stage. Members debate the general principles and merits of the bill. They discuss whether the bill is necessary and if it achieves its intended purpose.
After debate, members vote. If the majority supports the bill, it moves to the committee stage. If not, the bill dies.
Step 3: Committee Stage
The bill goes to the relevant committee for detailed examination. The committee:
- Reviews every clause of the bill
- Invites public submissions
- Calls experts to give their views
- Proposes amendments
Public participation happens at this stage. Anyone can submit written or oral views to the committee.
Step 4: Report Stage
The committee reports back to the House (National Assembly or Senate) with the bill and any proposed amendments. Members debate the amendments and may propose additional changes.
Step 5: Third Reading
The House debates the final version of the bill. Debate at this stage is usually brief and focuses on the bill as a whole. No major amendments are allowed.
After debate, members vote. If the majority supports it, the bill passes in that House.
Step 6: The Other House
If a bill starts in the National Assembly, it must go to the Senate (and vice versa) for the same process.
For bills affecting counties, the Senate has special power. If the Senate rejects such a bill, a mediation committee with members from both Houses tries to resolve differences.
Step 7: Presidential Assent
After both Houses pass a bill, it goes to the President. The President has three options:
- Sign the bill: It becomes law
- Return it to Parliament: With reasons for not signing. Parliament can consider the President’s concerns or pass the bill again with a two-thirds majority, making it law without the President’s signature
- Do nothing: If the President does not act within 14 days, the bill automatically becomes law
Step 8: Publication
After presidential assent, the bill is published in the Kenya Gazette as an Act of Parliament. Most Acts specify when they come into force, either immediately or on a specific date.
Special Types of Bills
Money Bills
Money bills deal with taxation, public funds, or government borrowing. These bills:
- Can only be introduced in the National Assembly
- The Senate can make recommendations but cannot reject them
- Must be passed within 30 days
Constitutional Amendment Bills
Bills that change the Constitution require:
- Two-thirds majority in both Houses
- For certain provisions, approval by Kenyans in a referendum
- Presidential assent cannot be withheld
County Bills
Bills concerning counties:
- Must be considered by both the National Assembly and Senate
- The Senate has significant say in these bills
- Differences are resolved through a mediation committee
Public Participation in Lawmaking
The Constitution requires public participation in lawmaking. You can participate by:
Submitting Memoranda
When a bill is in committee, you can submit written views explaining how the bill affects you and what changes you propose.
Attending Public Hearings
Committees hold public hearings where you can present your views in person.
Following Parliament
Watch parliamentary proceedings on television or online. Parliament TV broadcasts sessions live. The Parliament website also publishes bills and committee reports.
Contacting Your MP or Senator
Write to or meet your elected representative to share your views on pending bills.
How Laws Affect You
Every law passed by Parliament affects Kenyans in some way:
- Tax laws determine how much you pay
- Education laws affect your children’s schooling
- Health laws impact healthcare access
- Business laws regulate how you operate your business
- Environmental laws protect natural resources
Understanding the lawmaking process helps you participate effectively and influence laws that affect your life.
Challenges in Lawmaking
Kenya’s lawmaking process faces several challenges:
- Limited public awareness about parliamentary procedures
- Short timelines for public participation
- Bills passed without adequate public input
- Party politics sometimes overriding public interest
- Complex legal language that ordinary citizens struggle to understand
Making the Process Better
Several improvements could make lawmaking more effective:
- Earlier publication of bills
- More accessible language in bills
- Better civic education about parliamentary processes
- Wider publicity for public participation opportunities
- Genuine consideration of public views by committees
Your Role in Lawmaking
As a citizen, you can make the lawmaking process more effective by:
- Staying informed about bills before Parliament
- Participating when opportunities arise
- Following up with your representatives
- Joining civic organizations that engage with Parliament
- Educating others about the process
Where to Find Information
You can access information about bills and laws from:
- Parliament website: www.parliament.go.ke
- Kenya Law Reports: www.kenyalaw.org
- Parliament TV and radio
- Newspapers and news websites
- Your MP or Senator’s office
Recent Notable Laws
Understanding recent laws helps you see the process in action:
- Finance Acts (passed annually for taxes and budgets)
- The Computer Misuse and Cybercrimes Act
- The Data Protection Act
- The Public Finance Management Act
- Various health and education laws
Each of these laws went through the full process described in this guide.
Conclusion
Lawmaking in Kenya is a democratic process that allows public participation. While it can seem complex, the basic steps are straightforward: a bill is introduced, debated, amended through committees with public input, passed by both Houses, and signed by the President.
Your participation matters. By understanding the process and engaging at appropriate stages, you can influence the laws that govern Kenya. Democracy works best when citizens are informed and involved.
Stay engaged, participate when possible, and hold your representatives accountable for the laws they make. The power ultimately belongs to the people, and lawmaking is one way that power is exercised.