Ask a lawyer:
What are the steps before a bill becomes an act
Introduction
The process of transforming a bill into an act in Kenya is a detailed and structured procedure governed by the Constitution of Kenya, 2010, and the Standing Orders of both the National Assembly and the Senate. This process ensures that proposed legislation is thoroughly examined, debated, and refined before it becomes law. Below, I will outline the steps involved in this legislative process.
Table of Contents
Drafting of the Bill
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Consideration by the Other House
Presidential Assent
Publication as an Act
1. Drafting of the Bill
Source: Constitution of Kenya, 2010; Standing Orders of the National Assembly and Senate.
Details:
The process begins with the drafting of the bill. This can be initiated by a member of Parliament (MP), a committee, or the government.
The Attorney General's office or the Kenya Law Reform Commission often assists in drafting government bills to ensure they are legally sound.
Private members' bills are drafted with the help of the Parliamentary Service Commission.
2. First Reading
Source: Standing Orders of the National Assembly and Senate.
Details:
The bill is introduced in either the National Assembly or the Senate, depending on its nature.
During the first reading, the bill's title and objectives are read out, but no debate on its content occurs.
The bill is then referred to the relevant committee for further scrutiny.
3. Second Reading
Source: Standing Orders of the National Assembly and Senate.
Details:
The bill is debated in detail during the second reading.
Members discuss the general principles and merits of the bill.
At the end of the debate, a vote is taken. If the bill passes, it moves to the committee stage.
4. Committee Stage
Source: Standing Orders of the National Assembly and Senate.
Details:
The bill is examined clause by clause by a committee of the whole house or a select committee.
Amendments can be proposed and voted on during this stage.
The committee ensures that the bill is thoroughly scrutinized and refined.
5. Report Stage
Source: Standing Orders of the National Assembly and Senate.
Details:
The committee reports back to the house on the bill, including any amendments made.
Members have the opportunity to debate the committee's report and propose further amendments.
A vote is taken on whether to accept the committee's report.
6. Third Reading
Source: Standing Orders of the National Assembly and Senate.
Details:
The bill is debated for the final time.
Members discuss the bill as amended during the committee stage.
A final vote is taken. If the bill passes, it proceeds to the other house for consideration.
7. Consideration by the Other House
Source: Constitution of Kenya, 2010; Standing Orders of the National Assembly and Senate.
Details:
The bill is sent to the other house (Senate or National Assembly) for consideration.
The other house goes through similar stages: first reading, second reading, committee stage, report stage, and third reading.
If the other house makes amendments, the bill is sent back to the originating house for concurrence.
If both houses agree on the bill, it proceeds to the next stage.
8. Presidential Assent
Source: Constitution of Kenya, 2010, Article 115.
Details:
The bill is presented to the President for assent.
The President has 14 days to either assent to the bill or refer it back to Parliament with recommendations for reconsideration.
If the President refers the bill back, Parliament must consider the recommendations and make necessary amendments.
If the bill is passed again by a two-thirds majority in both houses, the President must assent to it.
9. Publication as an Act
Source: Constitution of Kenya, 2010, Article 116.
Details:
Once the President assents to the bill, it is published in the Kenya Gazette as an Act of Parliament.
The Act comes into force on the date of publication or on a date specified within the Act.
Conclusion
The legislative process in Kenya is designed to ensure that proposed laws are thoroughly examined and debated before becoming law. This process involves multiple stages, including drafting, readings, committee scrutiny, and presidential assent. Each stage provides an opportunity for input and refinement, ensuring that the final legislation is well-considered and effective. This structured approach helps maintain the integrity and quality of Kenya's legal framework.
Answered by mwakili.com