Parliament of Kenya

Parliament of Kenya. The Parliament of Kenya is the supreme legislative body of the Republic of Kenya, established under the Constitution of 2010. It is a bicameral institution consisting of the National Assembly and the Senate, which together represent the people, protect the Constitution, and promote democratic governance. The Parliament exercises its authority from its seat at the Parliament Buildings in the capital, Nairobi.

History

The legislative history of Kenya traces its origins to the colonial Legislative Council established under British rule. Following independence in 1963, the Independence Constitution created a bicameral parliament, but this was later abolished in favor of a unicameral National Assembly under the 1969 Constitution. The post-2007 election crisis and the subsequent National Accord and Reconciliation Act 2008 paved the way for constitutional reform, culminating in the 2010 Constitution which re-established a bicameral parliament. Key historical figures in its evolution include Jomo Kenyatta, Daniel arap Moi, and reformers involved in the Committee of Experts on Constitutional Review.

Composition and structure

The Parliament comprises two houses: the National Assembly and the Senate. The National Assembly consists of 349 members: 290 elected from constituencies, 47 Women Representatives from each county, and 12 nominated members. Its leadership includes the Speaker, currently Moses Wetangula. The Senate has 67 members: 47 elected senators representing counties, 16 women members nominated by political parties, two members representing youth, and two representing persons with disabilities, led by the Speaker, Amason Kingi. Members are elected through a system based on the Independent Electoral and Boundaries Commission.

Functions and powers

The primary function is to enact legislation on matters outlined in the Constitution, including those in the exclusive national legislative competence. It exercises oversight over the Cabinet and state organs, primarily through committee work and the power to approve key appointments like those to the Judiciary. Parliament also has the critical power of appropriation, controlling national revenue and expenditure as outlined in the Public Finance Management Act, 2012. Furthermore, it plays a role in treaty ratification and can initiate the process of amending the Constitution.

Legislative process

A bill, which can originate from either house or from the Cabinet, must pass through three readings in the house of origin. Most bills concerning counties are considered county bills and must originate in the Senate. After passage, a bill is referred to the other house for concurrence. In cases of disagreement, a Mediation Committee is formed. Once both houses agree, the bill is presented to the President for assent. If the President refuses assent, Parliament may override the veto with a two-thirds majority vote, as seen in debates surrounding laws like the Security Laws (Amendment) Act.

Committees

Parliament conducts much of its detailed work through committees, which are essential for scrutiny and efficiency. Key committees include departmental committees that shadow specific ministries, such as the Departmental Committee on Finance and National Planning. Select committees are established for special purposes, like the Public Accounts Committee which audits government expenditure. The Senate has its own committees, including the Senate Standing Committee on County Public Accounts and Investments. These committees have powers to summon any person, including Cabinet Secretaries, to give testimony.

Relationship with other branches

Parliament maintains a system of checks and balances with the Executive and the Judiciary. It oversees the President and the Cabinet through mechanisms like Question Time and approval of declarations of a state of emergency. The National Assembly approves appointments to key executive offices, while the Senate approves appointments of County Governors to the Council of Governors. Its relationship with the Judiciary is defined by the separation of powers; however, Parliament respects court rulings and may amend laws based on interpretations by bodies like the Supreme Court of Kenya.