Ask a lawyer:
If an the president refuses to sign a bill does it automatically become a law
Introduction
In Kenya, the process of how a bill becomes law is clearly outlined in the Constitution of Kenya, 2010, and other relevant legislative acts. The role of the President in this process is crucial, and there are specific provisions that address what happens if the President refuses to sign a bill. This response will delve into the constitutional and legislative framework governing this process.
Table of Contents
Constitutional Provisions
1.1 Article 115 of the Constitution of Kenya, 2010
Legislative Process
2.1 Introduction of Bills
2.2 Passage of Bills
2.3 Presidential Assent
Presidential Refusal to Assent
3.1 Return of the Bill to Parliament
3.2 Reconsideration by Parliament
3.3 Re-passage of the Bill
Automatic Enactment
4.1 Conditions for Automatic Enactment
Conclusion
1. Constitutional Provisions
1.1 Article 115 of the Constitution of Kenya, 2010
The primary constitutional provision that addresses the President's role in the legislative process is Article 115 of the Constitution of Kenya, 2010. This article outlines the steps that must be taken if the President refuses to assent to a bill.
2. Legislative Process
2.1 Introduction of Bills
Bills can be introduced in either the National Assembly or the Senate.
The bill must go through several readings and stages, including committee reviews and public participation, as mandated by the Constitution and the Standing Orders of Parliament.
2.2 Passage of Bills
After thorough debate and possible amendments, the bill is put to a vote.
If it passes by a majority vote in the house where it was introduced, it is then sent to the other house for consideration.
Both houses must agree on the final text of the bill.
2.3 Presidential Assent
Once both houses of Parliament have passed the bill, it is sent to the President for assent.
The President has 14 days to either assent to the bill or refer it back to Parliament with a memorandum outlining specific concerns or recommendations.
3. Presidential Refusal to Assent
3.1 Return of the Bill to Parliament
If the President refuses to assent to the bill, he must return it to Parliament with a memorandum indicating the specific provisions he objects to and the reasons for the objections (Article 115(1) of the Constitution of Kenya, 2010).
3.2 Reconsideration by Parliament
Parliament must then reconsider the bill, taking into account the President's reservations.
The bill can be amended to accommodate the President's concerns or passed in its original form.
3.3 Re-passage of the Bill
If Parliament amends the bill to address the President's concerns, it is sent back to the President for assent.
If Parliament decides to pass the bill in its original form, it must do so by a two-thirds majority in both houses (Article 115(4) of the Constitution of Kenya, 2010).
4. Automatic Enactment
4.1 Conditions for Automatic Enactment
If the President does not assent to the bill within 14 days and does not return it to Parliament with a memorandum, the bill automatically becomes law at the end of the 14-day period (Article 115(6) of the Constitution of Kenya, 2010).
This provision ensures that the President cannot indefinitely delay the legislative process by refusing to act on a bill.
Conclusion
In summary, the Constitution of Kenya, 2010, provides a clear framework for what happens if the President refuses to sign a bill. The President must return the bill to Parliament with specific objections, and Parliament has the opportunity to reconsider and amend the bill. If Parliament passes the bill again, either in its original form by a two-thirds majority or with amendments, the President must assent to it. If the President takes no action within 14 days, the bill automatically becomes law. This process ensures a balance of power between the executive and legislative branches and prevents the undue delay of legislative action.
By following these constitutional provisions, Kenya maintains a robust and democratic legislative process that respects the roles and responsibilities of both Parliament and the President.
Answered by mwakili.com