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The constitution provides that when a bill has been passed by parliament, it shall be presented to the president for assent. However, there are instances when...

      

The constitution provides that when a bill has been passed by parliament, it shall be
presented to the president for assent. However, there are instances when the president
declines to assent a bill.

State the procedure the bill shall go through after it has failed to receive Presidential
assent.

  

Answers


Maurice
Under section 46 (4) of the Constitution of Kenya, if the president refuses to assent
to a Bill, he must within 14 days thereof submit the speaker of the National
Assembly, a memorandum indicating the specific provisions of the Bill which in his opinion should be reconsidered by the National Assembly including his recommendations.

The National Assembly must reconsider the Bill taking into account the comments
of the president and must either:
(i) Approve the presidents recommendations with or without amendment and resubmit the Bill to the president for assent or

(ii) Refuse to take the presidents recommendation and approve the Bill inits
original form. If the resolution approving the Bill in its original form is
supported by not less than 65% of all members of the National
Assembly (excluding the ex-officio members) the president must assent
to the Bill within 14 days of passage of the resolution.

Under section 46 (6) of the Constitution “A law made by parliament shall not come
into operation until it has been published in the Kenya Gazette.” However,
parliament is empowered to postpone the coming into operation of a law and may
make laws with retrospective effect.

A statute comes into operation on the date of publication in the Kenya Gazette or
on such other date as the minister concerned may thereafter appoint by a notice in
the Kenya Gazette.
maurice.mutuku answered the question on April 30, 2018 at 12:42


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