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Parliament of Kenya

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Parliament of Kenya
NameParliament of Kenya
Native nameBunge la Kenya
Legislature13th Parliament
HousesNational Assembly and Senate
Foundation1963
Leader1 typeSpeaker (National Assembly)
Leader1Moses Wetang'ula
Leader2 typeSpeaker (Senate)
Leader2Amason Kingi
Members349 (National Assembly), 67 (Senate)
Last election9 August 2022
Meeting placeParliament Buildings, Nairobi

Parliament of Kenya is the bicameral legislature of the Republic of Kenya comprising the National Assembly and the Senate. Established at independence in 1963 and reconstituted under the 2010 Constitution, the body enacts statutes, scrutinizes public administration, approves budgets, and represents constituencies across Kenya. It operates within a framework shaped by historical instruments and institutions from colonial and post-colonial eras and interacts with the Judiciary, the Executive, and international bodies.

History

The origins trace to the colonial Legislative Council of Kenya and the transition to self-rule marked by the Lancaster House Conferences, the Kenya African National Union ascendancy, and the independence Constitution of 1963. Post-independence developments involved leaders such as Jomo Kenyatta, Daniel arap Moi, and constitutional milestones including the 1964 republic proclamation, the 1982 one-party era under the Kenya African National Union (KANU), and the 1991 repeal of Section 2A restoring multiparty politics with actors like Mwai Kibaki and Raila Odinga. Reform efforts accelerated after the 2007–2008 Kenyan crisis (2007–2008) culminating in the 2010 Constitution endorsed by national referendum, influenced by advocacies from groups including the National Convention Executive Council and the Waki Commission. The 2010 reforms created the bicameral model, redistributed powers between the County Governments created by devolution, and introduced representation mechanisms inspired by comparative models such as the Parliament of the United Kingdom, United States Congress, and South African Parliament.

Structure and Composition

Parliament consists of two chambers: the National Assembly and the Senate. The National Assembly comprises constituency representatives, county women representatives, a Speaker, and nominated members reflecting party strength; notable figures have included Speakers like Julius Gicheru predecessors and leaders such as Uhuru Kenyatta while major parties include Jubilee Party (Kenya), Orange Democratic Movement, Wiper Democratic Movement–Kenya, and Amani National Congress. The Senate comprises elected senators for each of the 47 counties, nominated senators for gender balance, and leadership including the Senate Speaker. Institutional offices interacting with Parliament include the Attorney General of Kenya, the Controller of Budget, the Parliamentary Service Commission, and the Independent Electoral and Boundaries Commission. Parliamentary party groups and caucuses mirror national politics with coalitions like Kenya Kwanza and Azimio la Umoja.

Powers and Functions

Constitutional powers derive from the 2010 Constitution, including lawmaking, taxation and appropriation approval, and oversight of county governments through mechanisms including Senate consent and impeachment motions concerning county governors. Roles intersect with the Executive Office of the President, the Judiciary of Kenya, and statutory agencies such as the Ethics and Anti-Corruption Commission and the Office of the Director of Public Prosecutions. Unique competences include approving appointments like Cabinet Secretaries, validating national values enshrined in the Constitution, and participating in treaty approval processes involving the Ministry of Foreign Affairs. Parliamentary immunities and privileges are codified and have been subject to rulings by the Supreme Court of Kenya and judgments from the High Court of Kenya.

Legislative Process

Bills may originate from the Executive, members of both chambers, or county assemblies when constitutionally permitted. The process involves introduction, committee scrutiny, multiple readings, and assent by the President, with previous practice shaped by precedents from legislatures such as the Parliament of Canada and the Australian Parliament. Money Bills follow special procedures requiring the National Assembly's primacy; the Senate reviews bills affecting counties with conciliation mechanisms akin to a Conference Committee model. Landmark statutes include the Kenya Information and Communications Act, the Leadership and Integrity Act predecessors, and budget appropriation laws challenged in litigation before the Constitutional Court. Presidential assent can be delayed or returned for reconsideration; deadlocks may invoke dispute resolution through the Supreme Court of Kenya or parliamentary mediation.

Committees and Parliamentary Oversight

Committees form the core of scrutiny, including Departmental Committees in the National Assembly and Standing Committees in the Senate. Key bodies include the Finance Committee, the Justice and Legal Affairs Committee, the Agriculture Committee, and the Committee on Implementation, which conduct inquiries, summon officials like Cabinet Secretaries, and review public accounts in coordination with the Auditor-General of Kenya. Select Committees and Special Committees have investigated crises involving institutions such as the Kenya Revenue Authority and events linked to the Tana River disputes. Oversight tools include question time, motions, impeachment procedures, and summons powers reinforced by decisions from the Court of Appeal of Kenya.

Elections and Membership Qualifications

Members are elected under systems combining first-past-the-post constituencies and proportional nomination to meet gender and minority representation mandates. Elections are administered by the Independent Electoral and Boundaries Commission; prominent electoral events include the 2007, 2013, 2017, and 2022 general elections, each involving litigations before the Supreme Court of Kenya and international observers from entities like the African Union and the Commonwealth of Nations. Qualifications require citizenship, age thresholds, and compliance with integrity clauses influenced by instruments associated with the Office of the Registrar of Political Parties and the Ethics and Anti-Corruption Commission. Disqualifications and petitions go through electoral tribunals and the High Court.

Parliamentary buildings and Administration

The principal seat is the Parliament Buildings in Nairobi adjacent to the Nairobi Railway Station and the Supreme Court Building cluster. The architecture and precincts host meeting chambers, committee rooms, and the Parliamentary Library with collections featuring reports from international organizations such as the United Nations and the World Bank. Administrative support is provided by the Parliamentary Service Commission, with clerks and staff coordinating Hansard production, order papers, and broadcasting in partnership with the Kenya Broadcasting Corporation and private media houses such as the Daily Nation and The Standard (Kenya). Security and ceremonial functions involve the Kenya Police Service and protocols tied to the State House, Nairobi.

Category:Politics of Kenya Category:Legislatures by country