Ask a lawyer:
If an the president refuses to sign a bill does it automatically become a law

Introduction

This response will address the question of whether a bill automatically becomes law in Kenya if the President refuses to sign it. It will delve into the relevant provisions of the Kenyan Constitution and the legislative process, providing a comprehensive understanding of the legal framework governing this scenario.

Table of Contents

1. The Presidential Assent

2. The Role of the President in Legislation

3. The Consequences of Presidential Refusal to Assent

4. Conclusion

1. The Presidential Assent

The Kenyan Constitution outlines the process for enacting legislation, including the role of the President in assenting to bills. Article 113 of the Constitution states that a bill passed by Parliament becomes law when it receives the President's assent. This assent is a formal act by the President signifying their approval of the bill and its transformation into law.

2. The Role of the President in Legislation

The President's role in the legislative process is crucial. They have the power to either assent to a bill, thereby making it law, or to refuse to assent to it. This power is enshrined in Article 113 of the Constitution.

2.1. Presidential Assent

When the President assents to a bill, they signify their approval of the legislation. This act transforms the bill into law, and it is then published in the Kenya Gazette.

2.2. Presidential Refusal to Assent

The President can refuse to assent to a bill. This refusal is known as a presidential veto. The Constitution provides for two scenarios where the President can refuse to assent to a bill:

• If the President believes that the bill is unconstitutional: The President has the power to refuse assent if they believe that the bill violates any provision of the Constitution. This power is a safeguard against the enactment of laws that are inconsistent with the supreme law of the land.

• If the President believes that the bill is not in the national interest: The President can also refuse assent if they believe that the bill is not in the best interests of the nation. This power allows the President to exercise their judgment on matters of national importance.

3. The Consequences of Presidential Refusal to Assent

When the President refuses to assent to a bill, the bill does not automatically become law. Instead, the Constitution outlines a specific procedure that must be followed:

• Return to Parliament: The President must return the bill to Parliament with a statement outlining their reasons for refusing assent.

• Parliamentary Reconsideration: Parliament then has the power to reconsider the bill. If Parliament, by a two-thirds majority vote, reaffirms the bill, it becomes law even without the President's assent.

4. Conclusion

In conclusion, a bill does not automatically become law in Kenya if the President refuses to sign it. The President has the power to refuse assent, but this does not automatically invalidate the bill. Parliament has the power to reconsider the bill and pass it into law even without the President's assent if a two-thirds majority vote is achieved. This process ensures that the legislative process is not solely dependent on the President's approval and that the will of Parliament can prevail in certain circumstances.