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Guide On participation in the law-making processes

national & county level | Republic of Kenya

Guide on Participation in Law-Making Process

Introduction

Understanding government-citizen relations in Kenya's democracy

Legislative Powers

National and county level legislative authority structure

Legal Framework

Constitutional provisions for public participation

National Process

How bills become law at the national level

County Process

County assembly law-making procedures

Participation Tools

Ways to get involved in the legislative process

Introduction

Government-citizen relations are about interactions between government and citizens in a democracy. In Kenya, government operates at national and county levels, with citizens relating to government as individuals or through organized groups such as civil society organizations (CSOs).

                    Objectives of this Guide
                    Enhance public awareness and understanding of how Parliament legislates
Outline the legal framework for participation in law and policy formulation
Explain the mandate of Parliament and legislative functions
Explain the stages of law and policy formulation
Identify spaces and tools for participation
Illustrate how to track bills in Parliament

                

Legislative Powers

Three Arms of Government

Kenya's government operates through three arms: the Executive, the Legislature, and the Judiciary.

National Level

Article 109 gives Parliament the powers to exercise legislative powers through Bills passed by Parliament and assented to by the President
Parliament has two houses: The National Assembly and the Senate
The National Assembly enacts legislation while the Senate participates in law-making by considering Bills concerning counties

County Level

Article 185 vests legislative authority of a county in the County Assembly
County Assemblies make laws necessary for effective performance of county government functions under the fourth schedule

Legal Framework for Participation

Public participation is a fundamental principle of democracy, premised on the idea that all citizens are equally entitled to have a say in decisions that affect their lives and rights.

Constitutional Provisions

Article 1

All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution

Article 10

National values and principles of governance bind all state organs, including good governance, inclusiveness, democracy, transparency, accountability, and public participation

118

Article 118

Parliament must conduct its business in an open manner and facilitate public participation in its legislative and other business

119

Article 119

Every person has the right to petition Parliament to consider any matter within its authority

                    Importance of Legislative Participation
                    Results in better outcomes and governance
Citizens develop long-term capacity to solve societal issues
Decisions are made with comprehensive information
Improves relationship between public and decision-makers

                

National Law-Making Process

The National Assembly exercises its legislative power through Bills passed by the House and assented to by the President.

First Reading

Bill is introduced and assigned to a committee. The committee facilitates public participation through appropriate mechanisms.

Second Reading

The merits and demerits of the Bill are debated, including its principles, objects and potential effects on citizenry.

Report Stage

Committee report is presented to the House and voted upon. Members may move for re-committal if needed.

Third Reading

Bill is read with all amendments and given final approval by the legislative body.

Presidential Assent

President has 14 days to either assent to the Bill or refer it back with reservations.

County Law-Making Process

Who May Introduce a Bill?

Any member or committee of the County Assembly
Relevant committee of the County Assembly
County executive committee

Requirements

The Bill must have a title and subject matter clearly defined. It must be published in both the county Gazette and the Kenya Gazette before proceeding to the governor for assent.

Tools for Participation

Access to Information

Kenya Gazette

Official government publication containing notices of new legislation and policy announcements.

Visit Kenya Gazette

Parliament Website

Access to National Assembly and Senate proceedings, hansard records, and committee invitations.

Visit Parliament Site

Social Media

Follow @MzalendoWatch, @NAssemblyKE, and @Senate_KE for updates on legislative activities.

Ways to Get Involved

Submission of Memoranda

Written reports prepared to give information about particular matters. Notices are published in Kenya Gazette and newspapers with submission deadlines.

Public Hearings

Open hearings where citizens offer comments before legislative decisions. Provides face-to-face engagement with MPs.

Stakeholder Consultation

Two-way communication designed to keep concerned parties engaged. Stakeholders are invited with sufficient preparation time.

Petitions

Constitutional right under Article 119 to petition Parliament on any matter within its authority.

                    Petition Requirements
                    Must be in English or Kiswahili using respectful language
Must be addressed to the House with subject matter indicated
Must contain names, addresses, IDs, and signatures of petitioners
Must conclude with a clear and respectful prayer
Must indicate any prior efforts to address the matter

                