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What are the steps before a bill becomes an act

Table of Contents

  1. Introduction

  2. The Legislative Process in Kenya 2.1. Introduction of a Bill 2.2. First Reading 2.3. Second Reading 2.4. Committee Stage 2.5. Report Stage 2.6. Third Reading 2.7. Presidential Assent

  3. Conclusion

Introduction

This response will outline the steps involved in the legislative process in Kenya, specifically focusing on the journey of a bill from its introduction to its enactment as an Act. The process is governed by the Constitution of Kenya, 2010, and the Parliamentary Powers and Privileges Act, 2017.

The Legislative Process in Kenya

2.1. Introduction of a Bill

The process begins with the introduction of a bill. A bill is a proposed law that is presented to the National Assembly for consideration.

  • Source of Bills: Bills can be introduced by:

    • Government: The government, through a Cabinet Minister, can introduce a bill. This is the most common source of bills.

    • Private Members: Members of Parliament (MPs) can introduce bills, known as private members' bills.

    • Senate: The Senate can introduce bills that are specific to counties.

  • Types of Bills: There are two main types of bills:

    • Ordinary Bills: These are bills that deal with general matters and require a simple majority vote in both the National Assembly and the Senate.

    • Money Bills: These are bills that deal with financial matters, such as taxation or appropriation of funds. They can only be introduced in the National Assembly and require a simple majority vote.

  • Procedure for Introduction:

    • The bill is presented to the Speaker of the National Assembly.

    • The Speaker reads the title of the bill and refers it to the appropriate committee for consideration.

Sources:

  • Constitution of Kenya, 2010: Article 110 (1) states that the National Assembly has the power to make laws.

  • Parliamentary Powers and Privileges Act, 2017: Section 10 outlines the procedure for introducing a bill.

2.2. First Reading

The first reading is a formality where the title of the bill is read out in the National Assembly.

  • Purpose: The purpose of the first reading is to inform the members of Parliament about the bill and to allow them to familiarize themselves with its contents.

  • No Debate: There is no debate or discussion during the first reading.

Sources:

  • Parliamentary Powers and Privileges Act, 2017: Section 11 outlines the procedure for the first reading.

2.3. Second Reading

The second reading is the most important stage of the legislative process. It is at this stage that the bill is debated and scrutinized.

  • Debate: Members of Parliament can debate the principles and objectives of the bill.

  • Amendments: Amendments can be proposed to the bill.

  • Vote: At the end of the debate, a vote is taken on whether to approve the bill in principle.

Sources:

  • Parliamentary Powers and Privileges Act, 2017: Section 12 outlines the procedure for the second reading.

2.4. Committee Stage

If the bill is approved in principle during the second reading, it is then referred to a relevant committee for detailed consideration.

  • Scrutiny: The committee scrutinizes the bill clause by clause and can propose amendments.

  • Public Hearings: The committee may hold public hearings to gather input from stakeholders.

  • Report: The committee prepares a report on the bill, including any proposed amendments, and presents it to the National Assembly.

Sources:

  • Parliamentary Powers and Privileges Act, 2017: Section 13 outlines the procedure for the committee stage.

2.5. Report Stage

The report stage is where the National Assembly considers the committee's report and any proposed amendments.

  • Debate: Members of Parliament can debate the amendments proposed by the committee.

  • Vote: A vote is taken on whether to accept or reject the amendments.

Sources:

  • Parliamentary Powers and Privileges Act, 2017: Section 14 outlines the procedure for the report stage.

2.6. Third Reading

The third reading is the final stage of the legislative process in the National Assembly.

  • Formal Approval: The bill is read out in its final form, and a vote is taken on whether to approve it.

  • No Amendments: No further amendments can be made at this stage.

Sources:

  • Parliamentary Powers and Privileges Act, 2017: Section 15 outlines the procedure for the third reading.

2.7. Presidential Assent

Once the bill has been approved by the National Assembly, it is sent to the President for assent.

  • Assent: The President can either assent to the bill, making it an Act of Parliament, or refuse to assent to it.

  • Refusal: If the President refuses to assent to the bill, it is returned to the National Assembly for reconsideration.

  • Overriding Presidential Veto: The National Assembly can override the President's veto by a two-thirds majority vote.

Sources:

  • Constitution of Kenya, 2010: Article 113 outlines the President's power to assent to bills.

Conclusion

The legislative process in Kenya is a complex and multi-stage process that involves various actors, including the government, Parliament, and the President. The process ensures that laws are carefully considered and debated before they are enacted. The process is designed to ensure that laws are in line with the Constitution and reflect the will of the people.

Answered by mwakili.com