M-Wakili

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

In Kenya, the process of enacting legislation involves several steps, including the requirement for presidential assent. According to the Constitution of Kenya, a bill passed by Parliament must be presented to the President for assent. The President has several options upon receiving the bill:

  1. Assent to the Bill: The President can sign the bill, thereby making it law.

  2. Refer the Bill Back to Parliament: The President can refer the bill back to Parliament with specific reservations for reconsideration.

  3. Take No Action: If the President neither assents to the bill nor refers it back to Parliament within 14 days, the bill automatically becomes law.

1. Presidential Assent

When a bill is passed by both Houses of Parliament, it is presented to the President for assent. If the President assents to the bill, it becomes law and is published in the Kenya Gazette. This is the most straightforward path for a bill to become law.

Source: Kenya Law Reform Commission

2. Referral Back to Parliament

The President may have reservations about the bill. In such cases, the President can refer the bill back to Parliament with specific recommendations for amendments. Parliament must then reconsider the bill, taking into account the President's reservations. If Parliament passes the bill a second time, with or without amendments, the President must assent to it within seven days.

Source: Kenya Law Reform Commission

3. No Action by the President

If the President neither assents to the bill nor refers it back to Parliament within 14 days, the bill automatically becomes law. This provision ensures that the legislative process is not unduly delayed by inaction on the part of the President.

Source: Kenya Law Reform Commission

Conclusion

In summary, if the President of Kenya refuses to sign a bill and takes no action within the stipulated 14-day period, the bill automatically becomes law. This mechanism is designed to prevent legislative gridlock and ensure that the legislative process is not hindered by executive inaction.

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Answered by mwakili.com