The process of law-making in the County Assembly of Kenya follows several stages before a Bill becomes law. The Constitution of Kenya grants County Assemblies the authority to legislate for their respective counties.
A Bill is a proposal for new legislation or an amendment to an existing law presented for debate in the County Assembly.
Origin of Bills in the County Assembly
A Bill may be introduced by:
- A Political Party – Tabled by the Leader of the Majority Party or Leader of the Minority Party (or their deputies).
- The County Executive – Introduced by the Leader of the Majority Party, Leader of the Minority Party, or the Chairperson of a relevant Committee.
- Individual MCAs (Members of the County Assembly) – Sponsored in their name.
- A Committee of the County Assembly – Introduced in the name of the Chairperson or a designated member.
- A Petition from the Public – Citizens may petition the Assembly to legislate on a specific matter.
Stages of Law-Making in the County Assembly
The law-making process involves several key stages:
1. First Reading
📌 Purpose: Formal introduction of the Bill to the County Assembly.
📌 Process:
- The Clerk of the Assembly reads the title of the Bill.
- The Bill is assigned a tracking number and sent to the relevant Departmental Committee for further review.
- The Committee facilitates public participation through:
- Public memoranda submissions.
- Public hearings and stakeholder consultations.
- Expert opinions on technical issues.
- After public input, the Committee submits a report to the County Assembly.
🚫 No debate or voting happens at this stage.
2. Second Reading
📌 Purpose: The Bill is debated in detail.
📌 Process:
- The sponsor of the Bill presents it and explains its objectives.
- A Member seconds the motion (If no one seconds it, the Bill is withdrawn).
- MCAs debate the general principles, goals, and potential impact of the Bill.
- The report from the Departmental Committee is considered during the debate.
- After discussions, the Speaker calls for a vote to decide if the Bill proceeds to the next stage.
🚫 No amendments can be made at this stage.
3. Committee Stage
📌 Purpose: The Bill is examined clause-by-clause in detail.
📌 Process:
- The Committee of the Whole Assembly (all MCAs in committee form) reviews the Bill.
- The Deputy Speaker or a member of the Chairpersons’ Panel presides over the session.
- MCAs propose amendments to modify, remove, or add provisions.
- Amendments are debated and voted on separately.
- After reviewing all sections, the Committee submits a final report to the Assembly.
✅ Amendments at this stage refine the Bill’s details to improve clarity and implementation.
4. Report Stage
📌 Purpose: The Assembly considers and votes on the Committee’s report.
📌 Process:
- The Committee presents its findings to the Assembly.
- MCAs vote on the proposed amendments.
- Any member may propose re-committal of specific clauses for further review.
🚫 No new amendments can be introduced unless through re-committal.
5. Third Reading
📌 Purpose: Final review before approval.
📌 Process:
- MCAs discuss the final version of the Bill.
- No major amendments are made (except for minor drafting corrections).
- The Speaker calls for a vote on whether the Bill should proceed to the Governor.
✅ If passed, the Bill moves to the Governor for assent.
6. Governor’s Assent
📌 Purpose: The County Governor signs the Bill into law.
📌 Process:
- The Speaker presents the Bill to the Governor within 14 days.
- The Governor may either:
- Sign (assent) the Bill → It becomes law.
- Refer the Bill back to the Assembly with objections.
7. Referral Back to the County Assembly
📌 If the Governor rejects the Bill:
- The Governor returns the Bill with specific concerns (memorandum).
- The Assembly reconsiders the Bill, making necessary amendments.
- The Bill is either revised or passed again without changes.
✅ For the Assembly to override the Governor’s rejection, at least two-thirds of MCAs must vote in favor of the Bill.
✅ If passed again, the Speaker sends it back to the Governor for assent.
Final Outcome: When Does the Law Take Effect?
- Once signed, the law takes effect immediately or on a later date specified in the Bill.
- The county government may need time to prepare regulations and implement policies before the law is enforced.
Key Takeaways
✔ Public participation is mandatory in the law-making process.
✔ The Governor can approve or reject a Bill, but the Assembly can override a rejection with a two-thirds majority.
✔ The law may take effect immediately or at a later date.
✔ Different stakeholders, including political parties, MCAs, Committees, and the public, can introduce Bills.
This structured process ensures that county laws are transparent, participatory, and serve the interests of citizens. ✅
