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CUEA CLS 107 LESSON 12

THE LEGISLATURE UNDER THE NEW CONSTITUTION

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Lesson Objectives
At the end of this lesson you should be able to answer the following questions 1. What is the composition of both houses of parliament under the new constitution? 2. What are the offices of parliament? 3. Who presides over both houses of parliament? 4. Who takes precedence in parliament? 5. What is the electoral system in the new constitution? 6. What are the roles and functions of parliament? 7. What is the the legislative process?
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Lesson Objectives
What are the different types of bills? What are the functions of the mediation committee? 10. What are the specific functions of parliament? 11. How does parliament exercise financial oversight? 12. What is the function of the parliamentary service commission?
8. 9.

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DEFINITION , ESTABLISHMENT& TYPE

Article 93 parliament consists of the National Assembly and the Senate Typology
It is a congressionally designed legislature but is lexically defined as a parliament

Structurally
It is bicameral and Works through committees( art 124)

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Composition
National assembly Article 97 290 elected members elected by single member constituencies 47 women elected by counties 12 members nominated by political parties in proportion to their parliamentary strength through party lists to represent special interests The Speaker as an Ex officio member
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Composition
Senate Article 98 47 members elected by the counties 16 women nominated by political parties Two members, one of either gender to represent the youth nominate by political parties Two members , one of either gender , nominated by political parties to represent the disabled The speaker as an ex officio member
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Offices of parliament
Article 106 The speaker who is elected from among the non members of parliament The deputy speaker who is elected from among the members of parliament Article 108 Leader of Majority Party Leader of Minority party

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Presiding
Art 107 The speaker presides In his absence, the deputy speaker presides In their absence the temporary deputy speaker elected by the members presides In a joint sitting of both houses the speaker of the NA presides assisted by the Speaker of Senate

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Precedence
Article 108(4) The speaker 2. The leader of the majority party 3. The leader of the minority party
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Electoral system
Election is through single member constituencies Special interests such as youth, women the disabled and workers recognised and provided for Nominations are by political parties in proportion to their parliamentary strength through party lists Gender issues and national outlook must be observed in the party lists

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Role and Functions

Parliament Article 94
1. 2. 3. 4. 5.

Exercises legislative power on behalf of the people Represents the will of the people and exercises their sovereignty Passes amendments to the constitution Has primary law making power Can delegate its law making power subject to stringent requirements

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Role and Functions

The National Assembly Article 95
1. 2. 3. 4. 5. 6. 7. 8. 9.
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Represents the people in the constituencies Deliberates and resolves issues of concern Enacts legislation Determines the allocation of revenue between the levels of government Appropriates funds for expenditure by the national government and other state organs Exercises oversight over national revenue and its expenditure Reviews the conduct of, and Initiates the process of removing ,the president and his deputy Exercises oversight over state organs Approves the declaration of war
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Role and Functions

The Senate Article 96
1. 2. 3. 4.

Represents the counties and serves to protect the interests of the counties and their governments Participates in law making functions by debating and approving bills concerning counties Determines the allocation of revenue between the counties Participates in oversight of state officers through impeachment of the president and his deputy

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The legislative Process

Types of bills Bills concerning Counties
1. 2.

Special Bills Ordinary bills

Bills not concerning counties

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Bills Concerning County Government

Article 110 Bill concerning county Government
1. 2. 3.

Contains provisions affecting the functions and powers of the county governments in the 4th Sch. Relates to the election of members of the county assembly or county government A bill referred to in chapter 12 affecting the finances of the county governments

A bill concerning county government can be special or ordinary

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Special and Ordinary Bills Concerning County Government

Special bill concerning county government
1. 2.

Relates to the election of the members of a county assembly or county executive Is the County Allocation of Revenue Bill

Any other Bill concerning county government is an ordinary bill

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Origination of Bills
Article 109 (2) Any Bill may originate in the National Assembly Article 109(5) A bill may be introduced by any member or committee of the relevant house A money bill may be introduced only in accordance with Article 114

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Consideration of bills
Article 109(3) A bill not concerning county Government is considered only in the National Assembly Article 109(4) A bill concerning county government may be originated either in the NA or in the Senate and passed in accordance with articles 110-113 122-123 and the standing orders of the house A n ordinary bill concerning the county governments must be approved by both houses or it goes to mediation The proposal of the mediation committee must be approved by both houses A special bill concerning the county governments originated in senate can only be vetoed by a 2/3rd majority in the NA Art 111(3)It is unclear what happens if the NA votes by 2/3rds to amend the bill. It appears senate must approve the amended bill in its amended version before it is referred to the president for assent
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Mediation Committee
Article 113 The speaker of both houses appoint an equal number of members of the committee The mediation committee prepares a draft agreed version Both house vote to approve the version If the mediation committee fails to agree on aversion within 30 days, the bill stands defeated

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Procedural issues
Quorum 15 in Senate 50 in NA Article 122 Voting in parliament By majority present and voting unless otherwise decided On a question proposed for decision in either house, The speaker has no vote If there is a tie, the question is lost Members barred from voting if they have a pecuniary interest Article 109 In the senate, it is one county one vote if the matter does not affects counties
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Committees and Standing Orders

Article 124 Parliament may establish committees and make standing orders Parliament may establish joint committees Proceedings of either house not invalidated by vacancy in membership or the participation of any person not entitled to participate Article 124 4 Approval for appointments are first deliberated by committees Proceedings to consider appointments are public Article 126 Parliament can sit anywhere within Kenya but the venue of the first meeting is to be gazetted by the president Parliament must sit before the expiry of 30 days after an election
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Parliamentary Service Commission

Article 127 Membership Speaker of NA as chairman Vice chairman elected by the members 4 members , two men two women, nominated from both houses by the majority party or coalition of parties Three members nominated by the parties not in government one of whom must be a woman Two persons, one man and one woman appointed by the president from outside parliament The clerk to the senate is the secretary to the commission
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Functions of the Parliamentary Service Commission

Provide facilities for parliament Constitute offices of parliament Prepare annual estimates for the parliamentary service for approval by NA Undertaking programmes to promote parliamentary democracy Performing other functions necessary for the well being of the members and staff of parliament Performing other functions prescribed by the legislature
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Clerk
Article 128 Each house must have a clerk and staff The offices of the clerk and his staff are offices in the parliamentary service The clerk is appointed by the parliamentary service commission with the approval of the relevant house

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Specific functions of the legislature

Article 145 Impeachment of the president and his deputy Issue originates in the NA NA votes to impeach. 2/3rd majority of all members of the house needed Speaker informs speaker of senate of the resolution within two days Speaker of the senate must convene a meeting of the senate within seven days to hear the charges Senate may by resolution appoint a special committee comprising eleven of its members to investigate the matter The special committee must conclude its work within ten days and report back to senate
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Specific functions of the legislature

Article 145 Impeachment If the committee finds that the allegations are not substantiated, no further action may be taken in respect of the matter Are substantiated, senate shall after affording the president a hearing vote to impeach him President has a right of audience before the senate The president continues in office while the impeachment process is conducted The senate need a super majority 2/3rds of all its members to uphold the impeachment charge The president ceases to hold office if senate so votes Similar provisions apply to the Deputy
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Financial Oversight
Article 203 4 The NA must approve the calculation of the equitable share of revenue between the national and county governments Article 204 The NA must approve the calculation of the equalization fund Article 205 The NA must be consulted on bills dealing with revenue sharing Article 206 No withdrawal from consolidated fund without parliamentary approval Article 207 Revenue Fund for county governments regulated by parliament Article 208 parliament regulates the use of the contingency fund Article 210 No taxation without parliamentary approval Article 211 parliament controls borrowing by Govt Government reports to parliament on the use of borrowed funds, the state of government indebtedness and the progress of payement

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Financial Oversight
Article 216 parliamentary political parties represented in the CRA Parliament must approve the appointment of the chair of the CRA Art 217 senate has a role to play in the division of revenue Article 218 National revenue allocated and divided through annual division and allocation of revenue bills Article 220 -228 national and county budgets must be in the form parliament approves and must be tabled in parliament Articles
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Financial Oversight
Article 228 Controller of the Budget Article 229 Auditor general Parliament approves their appointments Both submit reports to parliament Article 230 salaries and Remuneration commission Article 231 CBK established to perform macro economic functions

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Conclusion
The constitution has strengthened the hand of parliament in financial control The executive has very little discretion on the use of public funds There is enhanced and proactive scrutiny of public finances Independent Offices and commissions have been established to strengthen the hand of parliament The role of treasury has been severely curtailed The existing structures have been retained or strengthened
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END OF LESSON 12
ANY QUESTIONS?

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