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Guide on Participation in the Law Making Process

National & county level  •  Republic of Kenya understand how laws are made, know your constitutional rights, and learn how to raise your voice in public participation.

Understanding Government Citizen Relations

Government citizen relations are about the interactions between government and citizens in a democracy. In Kenya, government operates at national and county levels, with citizens relating to government as individuals or through organized groups such as civil society organizations (CSOs).


Objectives of this Guide

01

Enhance public awareness and understanding of how Parliament legislates.

02

Outline the legal framework for participation in law and policy formulation.

03

Explain the mandate of Parliament and its legislative functions.

04

Explain the stages of law and policy formulation.

05

Identify the spaces and tools for participation.

06

Illustrate how to track bills in Parliament.

Who Makes the Laws?

Kenya's government operates through three arms: the Executive, the Legislature, and the Judiciary. The Legislature Parliament at the national level and County Assemblies at the county level holds the power to make laws.

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National Level

  • Article 109 gives Parliament the power to exercise legislative authority through Bills passed by Parliament and assented to by the President.
  • Parliament has two houses: The National Assembly and the Senate.
  • The National Assembly enacts legislation, while the Senate participates by considering Bills concerning counties.
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County Level

  • Article 185 vests the legislative authority of a county in the County Assembly.
  • County Assemblies make laws necessary for the effective performance of county government functions under the Fourth Schedule.

Your Constitutional Right to Be Heard

Public participation is a fundamental principle of democracy, premised on the idea that all citizens are equally entitled to have a say in decisions that affect their lives and rights.

1

Article 1

All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution.

10

Article 10

National values and principles of governance bind all state organs including good governance, inclusiveness, democracy, transparency, accountability, and public participation.

118

Article 118

Parliament must conduct its business in an open manner and facilitate public participation in its legislative and other business.

119

Article 119

Every person has the right to petition Parliament to consider any matter within its authority.

Importance of Legislative Participation

Results in better outcomes and governance.

Citizens develop long term capacity to solve societal issues.

Decisions are made with comprehensive information.

Improves the relationship between the public and decision makers.

How a Bill Becomes Law

The National Assembly exercises its legislative power through Bills passed by the House and assented to by the President.

1

First Reading

The Bill is introduced and assigned to a committee. The committee facilitates public participation through appropriate mechanisms.

2

Second Reading

The merits and demerits of the Bill are debated, including its principles, objects and potential effects on the citizenry.

3

Report Stage

The committee report is presented to the House and voted upon. Members may move for re committal if needed.

4

Third Reading

The Bill is read with all amendments and given final approval by the legislative body.

5

Presidential Assent

The President has 14 days to either assent to the Bill or refer it back with reservations.

How Laws Are Made at the County Level

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Who May Introduce a Bill?

  • Any member or committee of the County Assembly.
  • The relevant committee of the County Assembly.
  • The county executive committee.
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Requirements

  • The Bill must have a clear title and subject matter.
  • It must be published in both the county Gazette and the Kenya Gazette before proceeding to the Governor for assent.

Access to Information

Staying informed is the first step to being heard. Here's where to follow Kenya's legislative activity.

Kenya Gazette

The official government publication containing notices of new legislation and policy announcements.

Visit Kenya Gazette

Parliament Website

Access National Assembly and Senate proceedings, hansard records, and committee invitations.

Visit Parliament Site

Social Media

Follow @MzalendoWatch, @NAssemblyKE, and @Senate_KE for updates on legislative activities.

Check all three handles

Put Your Voice into the Process

Four practical ways you can take part in the law making process.

1

Submission of Memoranda

Written reports prepared to give information about particular matters. Notices are published in the Kenya Gazette and newspapers with clear submission deadlines.

2

Public Hearings

Open hearings where citizens offer comments before legislative decisions. They provide face to face engagement with MPs.

3

Stakeholder Consultation

Two way communication designed to keep concerned parties engaged. Stakeholders are invited with sufficient preparation time.

4

Petitions

The constitutional right under Article 119 to petition Parliament on any matter within its authority.

Petition Requirements

Must be in English or Kiswahili using respectful language.

Must be addressed to the House with the subject matter indicated.

Must contain the names, addresses, IDs, and signatures of the petitioners.

Must conclude with a clear and respectful prayer.

Must indicate any prior efforts to address the matter.

Republic of Kenya • National & County Level

Know Your Rights. Raise Your Voice.

Download the full guide and keep it handy next time a Bill is open for public participation.

Download Guide (PDF)