1. An Introduction to the Historical Background of Kenya’s Parliament
Kenya’s legislative authority is primarily vested in two institutions: Parliament and County Assemblies.
Parliament makes laws that apply to the entire country, whereas County Assemblies make laws that only apply to their respective counties.
Kenya went from bicameral with Regional Assemblies to unicameral, then back to bicameral with County Assemblies as the situation now stands.
The following is a brief history of the legislature, its formation, and its mandate since its inception.
2. The1963–1967
Kenya had a two-chamber parliament and regional assemblies when it gained independence.
a) legislative branch (parliament)
The British National Assembly and Her Majesty were represented in Parliament by the Governor-General.
The National Assembly consists of two chambers: the Senate and the House of Representatives.
Parliament had the authority to enact laws that applied throughout the country.
After a Bill was passed by the House in which it was introduced, it was sent to the other House for consideration and passage before being presented to the Governor-General for assent (later the President).
Money bills were first introduced in the House of Representatives/parliament.
The Senate only proposes amendments for consideration by the House of Representatives.
The House of Representatives was under no obligation to adopt amendments proposed by the Senate.
b) Regional Assembly
Kenya gained independence in 1963.
was divided into seven (7) regions, plus the Nairobi Area.
The Coast, Eastern, Central, Rift Valley, Nyanza, Western, and North Eastern were the seven regions.
Except for the Nairobi Area, each region had a regional assembly with legislative authority.
The National Assembly enacted laws
for the Nairobi Area.
A Regional Assembly had the
authority to enact laws concerning any matter in the region.
It also took part in the creation of legislation to carry out Kenya’s international obligations.
This was accomplished through the
unanimous approval of all “the Presidents” of the Regional Assemblies.
Each region had a president, similar to a governor, who participated in the legislative process by assenting to legislation.
3. 1967-2013
The Constitution was amended several times between December 1964 and 1968, resulting in the abolition of regions and the merger of the Senate and the House of Representatives.
Kenya reverted to a unicameral legislature, with the President and the National Assembly serving as the primary legislators.
The bills were considered and passed by the National Assembly, and the President signed them.
4. The current 2010 Constitution
The 2010 Constitution establishes two organs with legislative authority: Parliament and County
Assembly’s roles include representation, legislation, oversight over national revenue and expenditure, appropriation of funds for national government expenditure, revenue allocation, oversight over state organs, approval of declarations of war, and removal from office of state officers, including the President and Deputy President.
Articles 95 and 109 of the Constitution establish the legislative role
of the National Assembly.
It makes national laws and can consider any bill, including those
involving county governments.
There are three critical issues to
consider the Senate’s legislative function.
(I) Before becoming law, all bills
considered by the Senate must be considered by the National Assembly.
Before becoming law, all bills considered by the National Assembly and affecting county governments must be considered by the Senate; and
(iii) only the National Assembly considers bills that do not concern county governments.
County Assembly Of Siaya
3) The County Council
The Constitution’s Chapter Twelve
establishes devolved governments by establishing 47 county governments.
A county government is made up of
two parts: the County Assembly and the County Executive.
According to Article 185 of the Constitution and Section 8 of the County Governments Act, No. 17 of 2012,
the roles of County Assemblies are representation, legislation, oversight over the County Executive Committee, approval of county development planning, approval of the County Government’s budget and expenditure, and approval of borrowing by the County Government.
As provided for in Article 185 of the Constitution and the Fourth Schedule to the Constitution, County Assemblies make laws applicable to their respective countries.