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What are the steps before a bill becomes an act
In Kenya, the legislative process involves several steps before a bill becomes an act. This process ensures that proposed laws are thoroughly examined, debated, and refined before they are enacted. Below is a detailed explanation of the steps involved in this process.
Table of Contents
Introduction
Steps in the Legislative Process
Drafting of the Bill
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Consideration by the Other House
Presidential Assent
Conclusion
Sources
1. Introduction
The legislative process in Kenya is a structured procedure that allows for the creation, amendment, or repeal of laws. This process involves multiple stages, each designed to ensure that the proposed legislation is scrutinized and debated by the members of Parliament and the public. Understanding these steps is crucial for anyone interested in the legislative process or involved in advocacy and policy-making.
2. Steps in the Legislative Process
2.1 Drafting of the Bill
The process begins with the drafting of a bill. A bill is a proposal for new legislation or an amendment to existing laws. The drafting can be initiated by various entities, including government ministries, individual Members of Parliament (MPs), or private organizations. The draft bill is then reviewed by legal experts to ensure it is clear, concise, and legally sound.
(Source: Kenya Law Reform Commission ↗)
2.2 First Reading
Once the bill is drafted, it is introduced to the National Assembly or the Senate, depending on its nature. This stage is known as the First Reading. During the First Reading, the bill's title and objectives are read out, but there is no debate on its content. The purpose of this stage is to formally introduce the bill to the legislative body.
(Source: Kenya Law ↗)
2.3 Second Reading
The Second Reading is a critical stage where the general principles and merits of the bill are debated. Members of Parliament discuss the bill's objectives, its potential impact, and any concerns they may have. At the end of the debate, a vote is taken. If the bill passes this stage, it moves on to the Committee Stage.
(Source: Kenya Law ↗)
2.4 Committee Stage
During the Committee Stage, the bill is examined in detail by a committee of the House. The committee can be a standing committee, a select committee, or a committee of the whole House. Members scrutinize each clause of the bill, propose amendments, and make necessary changes. This stage allows for a thorough examination and refinement of the bill.
(Source: Parliament of Kenya ↗)
2.5 Report Stage
After the Committee Stage, the bill is reported back to the House with any amendments. This is known as the Report Stage. Members of Parliament have the opportunity to debate the amendments made by the committee and propose further changes if necessary. The bill is then voted on again.
(Source: Kenya Law Reform Commission ↗)
2.6 Third Reading
The Third Reading is the final stage of debate in the House where the bill was introduced. At this stage, the debate is limited to the contents of the bill as amended during the Committee and Report Stages. Members of Parliament discuss the final version of the bill and vote on it. If the bill passes the Third Reading, it is sent to the other House (either the Senate or the National Assembly) for consideration.
(Source: Kenya Law ↗)
2.7 Consideration by the Other House
The bill undergoes a similar process in the other House. It goes through the First Reading, Second Reading, Committee Stage, Report Stage, and Third Reading. If the second House makes any amendments, the bill is sent back to the originating House for concurrence. If both Houses agree on the final version of the bill, it proceeds to the next stage.
(Source: Parliament of Kenya ↗)
2.8 Presidential Assent
The final step in the legislative process is the Presidential Assent. Once both Houses of Parliament have passed the bill, it is sent to the President for approval. The President can either assent to the bill, making it law, or refer it back to Parliament with recommendations for reconsideration. If the President assents to the bill, it is published in the Kenya Gazette and becomes an Act of Parliament.
(Source: AHADI Toolkit ↗)
3. Conclusion
The legislative process in Kenya is a comprehensive procedure designed to ensure that proposed laws are thoroughly examined and debated before they are enacted. Each stage of the process, from drafting to Presidential Assent, plays a crucial role in shaping the final legislation. Understanding these steps is essential for anyone involved in the legislative process, whether as a lawmaker, advocate, or citizen.
4. Sources
Answered by mwakili.com