Stages in the making of statutory laws.

  

Date Posted: 10/14/2011 12:47:34 PM

Posted By: felixkugz  Membership Level: Silver  Total Points: 172

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The procedure of law making is contained in the constitution and the national assembly standing orders. The bill goes through the following stages:
1. Publication of the bill in the Kenya Gazette. This is to allow for dissemination of information before the bill is introduced into the national assembly. This must be effected 14 days before the bill is introduced into parliament
2. Readings
• 1st reading. This is the formal introduction of the bill into the national assembly and no debate takes place.
• 2nd reading. The bill is reread for the second time. This is the debating stage where the merits of the bill are discussed and amendments proposed.
• Committee stage. Here the bill is committed to a selected committee of Members of Parliament or the national assembly can act as a committee for critical analysis. The select committee has the power to propose amendments
• Report stages. The chairperson tenders the committee’s report to the national assembly. If adopted, then the bill proceeds to the third reading.
• Third reading. The bill is read out to members for the third time and members are free to make contributions but no debate takes place. If the bill gets the requisite votes the bill is passed on to the president for assent.
3. Presidential assent. A bill passed by the national assembly must be presented to the president for assent. He must signify his assent or refusal to the speaker of the national assembly within 21 days o the presentation of the bill. If the president refuses to signify assent, he must within a further 14 days deliver to the speaker a memo of all the provisions which in his opinion ought to be reconsidered including his recommendation of the same. Then, the national assembly must either pass the bill incorporating the president’s recommendations with or without any recommendations or resubmit it for assent.

Or they could re-pass the bill in its original form ignoring the president’s recommendations.
4. Publication of the law in the Kenya Gazette. For a law to come into effect, it must be published in the Kenya Gazette.
5. Commencement of the law. A statute comes into force either on the date of publication in the Kenya gazette or it may be taken in a retrospective aspect except for criminal laws.
And thus a bill shall now be a law.

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