Policies and Legislation

Stages of Drafting a Law in Kenya

1. Initiation of a Proposal

Several parties can be involved in the initial process. The major parties that initiate a bill into being a law source include among others, the government, ministry and group facing pressure. The groups will come up with several ideas forwarded to the next step.

2. Draft Stage

The process includes drafting of the proposal given by the ones that suggested it. The Attorney General has the duty to draft the details of the proposed legislation since he is the principle legal adviser to the government.

The Kenyan cabinet will have to go through the bill before approving for it to move to the next major step. It is of great importance that the cabinet goes through all proposed bills.

3. Publication

The attorney general will have to publish the respective law and ensure that it is seen by nearly all parties that need it.

Gazzetting the published document in the official Kenyan newspaper will be the next major step for one to follow in order to read and find out more information about the article. The bill is published in the Kenya Gazette to attract public attention and encourage participation.

4. First Reading

First reading takes place after several consultations are made with the speaker of the national assembly. The speaker can offer advice on what can be done about the bill. The bill is referred to the relevant national assembly committee.

5. The Second Reading

The second reading of the proposed bill will have to follow during which debating starts after the speaker leaves. The formation of two groups will then follow that are the whole house and select committee.

6. Committee Stage

This is the stage at which amendments are proposed and voted on.  The bill is studied by a committee and rewritten to include any suggestion made during Second reading.

The reporting stage follows as the next step eventually making the whole process to be reaching the final stages.

7. Third Reading

A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by the legislative body. This reading occurs after the bill has been amended by the designated committee.

8. Presidential Assent

The granting of Presidential Assent is the formal method by which the head of the Executive arm of government completes the legislative process by formally assenting or giving his consent to an Act of parliament. The President signs the bill to become an act of parliament.

9. Commencement

Quite often, an Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice usually by the Minister for the time being in charge of the matters with which the Act is concerned.

Policies and Legislation