PART XX - PRIVATE BILLS

Application of public Bill procedure

124. Except as otherwise provided in this Part, the Standing Orders relating to public Bills

shall apply in respect of private Bills.

Saving clause

125. Every private Bill shall contain a clause saving the rights of the Governor, the national and county governments, of all bodies politic or corporate, and of all others, except such as are mentioned in the Bill and those claiming by, from or under them.

Private Bill affecting private rights

126. (1) No private Bill which directly affects the private rights or property of any persons,

shall originate in the Assembly unless the provisions of this Standing Order as to notice have been complied with.

(2) A notice shall be published in not less than three separate issues of the Gazette, specifying the general nature and objects of the Bill; the last of such publications being not less than fourteen days before the presentation of the Petition referred to in Standing Order 153(Petition for Leave).

Petition for leave

127. (1) No private Bill shall be introduced unless a Petition for the same, headed by the

short title of the Bill, and signed by the parties, being promoters of the Bill, or some of them, has been previously presented to the Assembly with a copy of the Bill annexed.

(2) Clerk shall scrutinize petitions presented to the Assembly and where, after such scrutiny, the Clerk is not satisfied that the provisions of this Part have been complied with, the Clerk shall so report to the Speaker.

(3) The promoters shall deposit with the Clerk a sufficient number of copies of the Petition with the Bill annexed, for distribution to Members and on receipt of such copies, the Clerk shall forthwith avail a copy to every Member.

(4) The Petition shall be read at the first sitting of the Assembly after it is so deposited and thereupon the question “That, the promoters be granted leave to proceed” shall be put forthwith and decided without amendment or debate.

Security for cost of printing

128. (1) Where leave to proceed is granted, the Clerk shall provide an estimate of the cost of printing the Bill and the promoters of the Bill shall meet such cost.

(2) The promoters shall deposit at least twenty five percent of the estimated total cost of printing the Bill as security with the Clerk.

Bills authorizing the construction of work

129. (1) In the case of a private Bill authorizing the construction works, before such Bill is read a First Time, the promoters shall-

(a) deposit with the Clerk an estimate of the expense of the undertaking, signed by the person making such estimate and approved by the Clerk; and

(b) deposit with the Clerk a sum not less than four percent of the amount of the estimate under paragraph (1)

(2) in every such Bill, there shall be inserted a clause to the effect that, if the works authorized to be constructed are not completed before the expiry of a time to be set out by the Bill for such completion, the sum deposited with the Clerk shall be forfeited to the County Revenue Fund.

First Reading

130. When the provisions of this part have been complied with, the Clerk shall cause the Bill

to be printed, distributed to Members and published in the Gazette and at the first sitting of the Assembly held not less than fourteen days after such publication, the Bill shall be read a First Time.

Right of audience before Committee on opposed Bill

131. (1) Subject to these Standing Orders, all Petitions against a private Bill containing a

prayer that the petitioners be heard by themselves, or by their advocates, shall stand referred to a Select Committee which shall hear any such petitioners or advocates.

(2) The promoters of an opposed private Bill shall be entitled to be heard before the Select Committee on the Bill by themselves, or by their advocates, in favour of the Bill and against any petitions against the Bill.

How Bills may be opposed

132. No person, other than a Member, shall be heard, whether in person or by advocate, in

opposition to a private Bill unless such person has previously lodged a Petition with the Clerk, showing the nature of the person’s objections to the Bill and whether the person’s objections extend to the whole or some part of the Bill and praying that he or she may be heard in person or by advocate, as the case may be.

Printing expenses

133. As soon as practicably possible, after a private Bill is passed, rejected or abandoned,

the Clerk shall make out an account showing the expenses of printing and shall, if the amount of the account is less than the security deposited, refund the balance, and if it is excess, cause the promoter to pay the balance.