Discuss the Law Making Process in Kenya National Assembly


This step is intended to address the challenge of public access to tracked copies of bills submitted to Parliament (both the National Assembly and the Senate) due to user fees required. CSOs found that even Kenya`s leading online publisher of laws, Kenya Law [Note 79: Kenya Law (accessed February 21, 2018) kenyalaw.org/kl/], goes through the process of purchasing invoices from the government press and cannot access them until the government printer makes them available. The Senate does not have sufficient capacity to disclose and publish the Hansard of Senate committees (the official report and minutes of parliamentary proceedings) to ensure that all discussions on bills are recorded. There is a need to improve invoice tracking, including real-time changes at different stages of the legislative process. Giving the public the opportunity to track changes to bills as they move through the drafting process is relevant to access to information and could change the way citizens follow the development of laws. Progress on the milestones of this commitment has led to a slight improvement in access to information and citizen participation. Some activities were completed prior to the start of the Action Plan (e.g., Milestone 3.5), but others showed progress. Although a universally applicable law on public participation has not yet been adopted, a new law on public participation has been introduced in the Senate. The bills are also available on the Kenyan Parliament`s website and on the Dokeza platform. The Dokeza platform shows more clearly when a bill is “open to memoranda”, and its integrated ways of promoting citizen participation in legislative processes have produced positive results. Properly used, the new legislative system could have a major impact on development and ensure harmony between laws drafted at the county level and laws developed at the national level.

However, this is only possible if constitutional principles, legal requirements and legislative drafting principles are sufficiently taken into account throughout the legislative continuum. In the case of concurrent bills, the House from which the bill originates should send the bill back to the other House for consideration after third reading. The House receiving the bill introduced should follow the same process of reviewing the bill from first to third reading. The legislative and budgetary process in Kenya has a history of secrecy and exclusion from citizen participation. With the enactment of the 2010 Constitution [Note 78: Constitution of Kenya (2010) www.kenyalaw.org/Downloads/The%20Constitution%20of%20Kenya.pdf], public participation has become a crucial pillar of the Constitution. Article 118 (b) of the Constitution, in conjunction with the Law on Public Finance and Administration and the Law on Public Procurement, requires public participation and participation in all areas of governance, including the legislative procedure, the budgetary procedure and the procurement procedure. This commitment aims to give citizens more opportunities to review draft legislation and contribute to the development and implementation of public policies. However, as previously written, the commitment could be better defined and expanded to achieve transformative change.

Therefore, the overall potential impact of the engagement is considered moderate. The drafting of legislation is the process of transforming policies, declarations or declarations into legal instruments. A lawmaker is the person who translates the agreed policy framework into a bill or legislative proposal that is submitted to the Assembly. Authors should strive to reduce the complexity of the law and to use simple and unambiguous language that impartially reflects the substantive and technical issues at stake, while taking into account the feasibility of implementing the law. Authors must also ensure that the bill conforms to the letter and spirit of the Constitution and that it complies with existing laws. 3.2. Provision of tracked copies of bills at each stage of discussion in parliament In accordance with the Constitution, the sovereign people of Kenya delegate legislative power to Parliament and district assemblies (art. 1). The legislative branch is the power to enact, amend or repeal the law.

The legislative or legislative process is the sequence of steps by which a legislative proposal is submitted to the parliament or district assembly and transposed into the law of the country. The Senate and the National Assembly continued to publish their weekly Hansard (the official report and minutes of parliamentary proceedings) on the Parliament`s website (step 3.4), but government open source platforms (step 3.3) were not adopted at the national or county level.