PART XIX - PUBLIC BILLS

Application and limitation

123. The provisions of this Part shall apply in respect of all public Bills.

Introduction of Bills

124. (1) (1) A legislative proposal for which a Member or a Committee is in charge shall, together with a memorandum setting out its objectives and matters specified in Standing Order 127 (Memorandum of objectives and reasons) be submitted to the Speaker.

(2) The Speaker shall refer the legislative proposal and the memorandum to the Clerk who shall consider the legislative proposal, draft it in proper form where necessary and submit it to the speaker with comments on-

(a) whether the legislative proposal is a draft money Bill in terms of section 21 of the County Governments Act; and

(b) whether the legislative proposal conforms to the Constitution and the law and is in order as to format and style in accordance with the Standing Orders.

(3) Upon receipt of the legislative proposal from the Clerk under paragraph (2), the Speaker shall-

(a) where the Speaker is of the opinion that a legislative proposal is a draft money Bill in terms of section 21 of the County Governments Act,2012, direct that the legislative proposal be referred to the Budget committee and shall be proceeded with only in accordance with the recommendations of the Budget committee after taking into account the views of the Member of County Executive committee responsible for finance and examining the manner in which the legislative proposal affects the current and future budgets;

(b) in respect of a legislative proposal for which no committee is in charge, refer the legislative proposal to the relevant committee for pre-publication scrutiny and comments and the committee shall submit its comments on the legislative proposal to the Speaker within fourteen days of receipt of the legislative proposal.

(4) Upon receipt of the recommendations of the Budget committee or the comments of the relevant committee under paragraph (3), the Speaker shall direct either that the legislative proposal be not proceeded with or that it be accepted, and if the Speaker certifies that the legislative proposal is accepted the proposal shall be published as a Bill.

(5) Upon publication of a Bill in the Gazette, the Clerk shall obtain sufficient copies of the Bill and avail a copy of the Bill to every Member.

(6) A Bill shall be signed by the Member in charge of it and shall be introduced by way of First Reading in accordance with Standing Order 133 (First Reading of Bills).

(7) A Bill for whom a committee is in charge shall be introduced by the Chairperson of the committee or a Member of the committee designated by the committee for that purpose.

Printing of amending provisions

125.Where a Bill seeks to amend any provision of an existing Act, the text of the relevant

part of such provision shall be printed and supplied as part of the Bill which is availed to Members, unless in the opinion of the Speaker, the amendment is formal, minor or self-explanatory.

Enacting formula

126. Every Bill shall contain, as the enacting formula, the words “Enacted by the County Assembly of Murang’a”.

Memorandum of Objects and Reasons

127. Every Bill shall be accompanied by a memorandum containing:

(a) a statement of the objects and reasons of the Bill,

(b) a statement of delegation of legislative powers and limitation of fundamental rights and freedom, if any, and

(c) a statement of its financial implication and if the expenditure of public moneys will be involved should the Bill be enacted, an estimate, where possible, of such expenditure.

Provisions on delegated powers

128. Every Bill that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya in terms of Article 94(6) of the Constitution shall contain a separate and distinct part of the Bill under the title “Provisions on Delegated Powers” in which shall be expressly specified –

(a) the purpose and objectives for which that authority is conferred;

(b) the limits of the authority;

(c) the nature and scope of the law which may be made; and

(d) the principles and standards applicable to the law made under the authority.

Limitation of fundamental rights and freedom

129. Every Bill that contains a provision limiting a right or fundamental freedom in terms of Article 24(2) of the Constitution shall contain separate and distinct provisions-

(a) clearly expressing the specific right or fundamental freedom to be limited; and

(b) the nature and extent of that limitation

Publication

130. No Bill shall be introduced unless such Bill together with the memorandum referred to in Standing Order 127 (Memorandum of objects and reasons), has been published in the Gazette (as a Bill to be originated in the Assembly), and unless, in the case of a County Revenue Fund Bill, an Appropriation Bill or a Supplementary Appropriation Bill, a period of seven days, and in the case of any other Bill a period of fourteen days, beginning in each case from the day of such publication, or such shorter period as the Assembly may resolve with respect to the Bill, has ended.

Not more than one stage of a Bill to be taken at the same sitting

131. (1) Except with the leave of the Assembly, not more than one stage of a Bill may be

taken at any one sitting.

(2) Paragraph (1) shall not apply to or in respect of an Appropriation Bill or a County

Revenue Fund Bill.

Reading of Bills

132. A Bill is read by the reading by the Clerk to the assembled Assembly of the title of the Bill.

First Reading

133. Every Bill shall be read a First Time without Motion made or Question put.

Committal of Bills to Committees and public participation

134. (1) A Bill having been read a First Time shall stand committed to the relevant Sectoral

Committee without question put.

(2) Notwithstanding paragraph (1), the Assembly may resolve to commit a Bill to a select committee established for that purpose.

(3) The Sectoral Committee to which a Bill is committed shall facilitate public participation and shall take into account the views and recommendations of the public when the committee makes its report to the Assembly.

(2) The Chairperson of the sectoral committee to which a Bill is committed or a Member designated for that purpose by the committee shall present the committee’s report to the Assembly within twenty calendar days of such committal and upon such presentation, or if the committee’s report is not presented when it becomes due, the Bill shall be ordered to be read a Second Time on such day as the House Business and Rules committee shall, in consultation with the Member or the committee in charge of the Bill, appoint.

(5) If for any reason, at the commencement of the Second Reading the report of the committee has not been presented, the committee concerned shall report progress to the Assembly and the failure to present the report shall be noted by the Liaison committee for necessary action.

(6) Despite paragraph (1) –

(a) the Speaker may direct that a particular Bill be committed to such committee as the Speaker may determine.

(b) a County Revenue Fund Bill, an Appropriation Bill, a Supplementary Appropriation Bill or a Finance Bill shall be committed to the Budget and Appropriations committee.

Second Reading

135. On the Order of the Day being read for the Second Reading of a Bill, a Motion shall be made, “That, the .........Bill be now read a Second Time,”.

Committal of Bills to Committee of the whole Assembly

136. (1) A Bill having been read a Second Time shall stand committed to a Committee of the

Whole Assembly.

(2) On the Order of the Day for Committee on a Bill being read, the Speaker shall leave the Chair without Question put.

Sequence to be observed on a Bill in Committee

137. In considering a Bill in Committee, the various parts thereof shall be considered in the following sequence –

(a) clauses as printed, excluding the clauses providing for the citation of the Bill, the commencement, if any, and the interpretation;

(b) new clauses;

(c) schedules;

(d) new schedules;

(e) interpretation;

(f) preamble, if any;

(g) long title;

(h) the clauses providing for the citation of the Bill and the commencement.

Referral of proposed amendments to Committees

138. Where after a Bill has been Read a Second Time and before commencement of Committee of the Whole, more than ten amendments have been proposed to it, which in the opinion of the Speaker require harmonization, the Speaker may direct any Member proposing an amendment to the Bill to appear before the relevant sectoral committee dealing with the subject matter of the Bill to present his or her proposed amendments and the committee shall submit a report to the Assembly on the result of the exercise before the committee of the Whole Assembly is taken.

Procedure in Committee of the whole Assembly on a Bill

139. (1) The Clerk shall call severally each part of the Bill in the sequence specified in

Standing Order 137 (sequence to be observed on a Bill in committee) and if no amendment is proposed or when all proposed amendments have been disposed of, the Chairperson shall propose the Question “That, .... (as amended) stand part of the Bill” and, when Members who wish to speak have spoken, the Chairperson shall put that Question to the Committee for decision.

(2) No amendment shall be moved to any part of a Bill by any Member, other than the Member in charge of the Bill, unless written notification of the amendment shall have been given to the Clerk twenty-four hours before the commencement of the sitting at which that part of the Bill is considered in Committee.

(3) Despite paragraph (2), where an amendment has been moved to any part of a Bill in accordance with this paragraph, any Member may move an amendment to that amendment on delivering to the Chairperson the terms of his or her amendment in writing.

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(4) A Member moving an amendment or a further amendment to any part of the Bill under paragraphs (2) and (3) shall explain the meaning, purpose and effect of the proposed amendment or further amendment.

(5) No amendment shall be permitted to be moved if the amendment deals with a different subject or proposes to unreasonably or unduly expand the subject of the Bill, or is not appropriate or is not in logical sequence to the subject matter of the Bill.

(6) No amendment shall be moved which is inconsistent with any part of the Bill already agreed to or any decision already made by the Committee, and the Chairperson may at any time during the debate of a proposed amendment, withdraw it from the consideration of the Committee if in the opinion of the Chairperson, the debate has shown that the amendment contravenes this paragraph.

(7) In the case of a County Revenue Fund Bill, or an Appropriation Bill, no amendment shall be moved whose effect would be to impose a charge or increase expenditure above that already resolved by the Assembly.

(8) The Chairperson may refuse to propose the Question upon any amendment which in the opinion of the Chairperson is frivolous or would make the clause or schedule which it proposes to amend unintelligible or ungrammatical.

(9) Paragraph (4) of Standing Order 55 (Manner of debating Motions) shall apply, with necessary modifications, to the proceedings for amendment of a Bill in Committee.

(10) The consideration of any part or a clause of a Bill may be postponed until such later stage of the proceedings in Committee on such Bill as the Committee may determine.

(11) On any Motion being made for the addition of a new clause, the clause shall be deemed to have been read a First Time and the Question shall then be proposed “That, the new clause be read a Second Time” and if this is agreed, amendments may then be proposed to the new clause and the final Question to be proposed shall be “That, the clause (as amended) be added to the Bill”.

(12) New schedules shall be disposed of in the same way as new clauses.

(13) The Question to be put on the preamble (if any) shall be “That, the preamble (as amended) be the preamble of the Bill.”

(14) The Question to be put on the long title of the Bill shall be “That, the long title (as amended) be the title of the Bill”.

(15) No Question shall be put on the enacting formula.

(16) At the conclusion of the proceedings in Committee on a Bill, or, if more than one, on all such Bills the Member in charge shall move “That, the Bill(s) (as amended) be reported to the Assembly”, and the Question thereon shall be decided without amendment or debate.

Report of Progress

140. If any Member before the conclusion of proceedings on a Bill in a Committee of the whole Assembly moves to report progress and such Motion is carried, the Chairperson shall leave the Chair and the Chairperson, or, if the Chairperson has taken the Speaker’s Chair, the Member in charge of the Bill, shall report progress to the Assembly and shall seek leave to sit again, and a day for the resumption of the proceedings shall be determined by the House Business and Rules Committee in consultation with the Member in charge of the Bill.

Bill to be reported

141. When a Committee of the whole Assembly has agreed that a Bill or a number of Bills be reported, the Chairperson, shall forthwith leave the Chair of the Committee and the Assembly shall resume, and the Chairperson or if the Chairperson has taken the Speaker’s Chair, the Member in charge of the Bill shall report the Bill to the Assembly, and each Bill, if more than one, shall be so reported separately.

Procedure on Bills reported from Committee of the whole Assembly

142. (1) When a Bill has been reported from a Committee of the whole Assembly, the

Assembly shall consider the Bill as reported upon a Motion “That the Assembly do agree with the Committee in the said report”.

(2) The Question on any Motion moved under paragraph (1) shall be put forthwith, no amendment, adjournment or debate being allowed, unless any Member desires to delete or amend any provision contained in a Bill, or to introduce a new provision in the Bill.

(3) A Member who desires to delete or amend any provision contained in a Bill, or to introduce a new provision in the Bill under paragraph (2) may propose any amendment to add, at the end of a Motion under paragraph (1), the words “subject to the re-committal of the Bill (in respect of some specified part or of some proposed new clause or new schedule) to a Committee of the whole Assembly”, and if that Motion is agreed to with such an amendment, the Bill shall stand so re-committed and the Assembly shall either forthwith or upon a day named by the House Business and Rules Committee in consultation with the Member in charge of the Bill dissolve itself into a committee to consider the matters so re-committed.

Procedure on Bills reported from Select Committees

143. (1) The report of a Select Committee on a Bill shall be laid on the Table of the Assembly

by the Chairperson or vice- chairperson of the select committee or by some other Member authorized by the committee on its behalf.

(2) The Assembly shall consider the Bill as reported from the select committee upon a Motion “That the report of the Select Committee be on the………Bill be approved”.

(3) Standing Order 142(Procedure on Bills reported from Committee of the Whole Assembly) shall apply to any Motion to approve the report of a Select Committee on a Bill.

Procedure upon the re-committal of a Bill

144. (1) When a Bill has been re-committed to a Committee of the whole Assembly, the

Committee shall consider only the matters so re-committed and any matter directly consequential thereon.

(2) Except as is provided by paragraph (1), the procedure in Committee on a Bill on first committal shall apply with the necessary modifications to a Bill on re-committal.

(3) When a Bill has been reported from a Committee of the whole Assembly after re-committal Standing Order 142 (Procedure on Bills reported from Committee of the whole Assembly) shall apply.

Third Reading

145. (1) On the adoption of a report on a Bill, the Third Reading may, with the leave of the

Speaker, be taken forthwith and if not so taken forthwith, shall be ordered to be taken on a day named by the House Business and Rules Committee in consultation with the Member in charge of the Bill.

(2) On the Third Reading of a Bill, a Motion shall be made “That, the .... Bill be now read a Third Time” and amendments may be proposed similar to those on Second Reading

Withdrawal of Bills

146. (1) Either before the commencement of business or on the Order of the Day for any

stage of the Bill being read, the Member in charge of a Bill may, without notice, claim to withdraw a Bill;

(2) If the Speaker is of the opinion that the claim is not an abuse of the proceedings of the Assembly, the Speaker shall direct that the Bill shall be withdrawn.

(3) A Bill that has been withdrawn may subject to Standing Order 124 (Introduction of Bills) and re-publication be introduced again.

(4) If a Member in charge of a Bill desires to withdraw a Bill before it is introduced in the Assembly, the Member shall, in writing specifying the reasons for the withdrawal, notify the Speaker of the withdrawal and paragraph (3) shall apply to such Bill.

Re-introduction of Bills

147. (1) A Bill, the Second Reading or Third Reading of which has been rejected may be introduced again in the next Session, or after the lapse of six months in the same Session but subject to fresh publication as provided in Standing Order 124 (Introduction of Bills).

(2) A Bill that has been published, read a First Time or in respect of which the Second Reading has not been concluded-

(a) at the end of a Session in which it was published shall not lapse at the end of that Session but shall resume in the next Session of the Assembly at the stage where it was last interrupted;

(3) Subject to paragraph (2), a Bill in respect of which the Second Reading has been concluded at the end of a Session shall resume in the next Session of the Assembly at the stage where it was interrupted at the end of the Session.

Assenting to Bills

148. (1) The Speaker shall, within fourteen days, forward a Bill passed by the Assembly to

the Governor.

(2) The Governor shall within fourteen days after receipt of a Bill—

(a) assent to the Bill; or

(b) refer the bill back to the Assembly with a memorandum outlining reasons for the referral.

(3) If the Governor refers a Bill back to the Assembly, the Assembly may, following the appropriate procedures under this section—

(a) amend the Bill taking into account the issues raised by the Governor; or

(b) pass the Bill without amendment.

(4) If the Assembly amends the Bill taking into consideration the issues raised by the Governor, the Speaker shall within fourteen days submit the Bill to the Governor for assent.

(5) If the Assembly passes the Bill a second time, without amendment, or with amendments which do not accommodate the Governor's concerns by a vote supported by two-thirds of Members of the Assembly, the Speaker shall within seven days re-submit the Bill to the Governor and the Governor shall within seven days assent to the Bill.

(6) If the Governor does not assent to a Bill or refer it back within the period referred to under this section, the Bill shall be taken to have been assented to on the expiry of that period

Custody of Bills

149. (1) Every Bill passed by the Assembly shall remain in the custody of the Clerk.

(2) At any time before the certification and submission of a Bill to the Governor, the Speaker may correct formal errors or oversights therein without changing the substance of the Bill.