Parliament’s General Procedures and Rules

The freedom to speak and debate in Parliament is protected by the Constitution of Kenya. Parliament holds the power to establish the privileges, powers, and immunities of its members and committees. It is required to conduct its affairs in a transparent manner, allowing the public to attend sittings and committee meetings.

The Constitution promotes public involvement in legislative and other parliamentary affairs, and the exclusion of the public or media from any session is only allowed in exceptional circumstances. Every individual has the right to petition Parliament on any matter falling within its jurisdiction, including legislation. Kiswahili, English, and Kenyan Sign language are the recognized official languages of Parliament, and any conflicts in language versions of an Act of Parliament are resolved by the version signed by the President.

The National Assembly requires a minimum of fifty members to form a quorum, while the Senate requires fifteen members. Decisions made in Parliament are determined by a majority vote of the members present and voting, with the Speaker not having a vote. In the event of a tie, the question is considered lost. Members with a financial interest in a particular matter are prohibited from voting on that question.

Parliament must secure a majority vote from all delegations in order to make decisions. It has the authority to create committees and establish guidelines for its proceedings. Joint committees can also be formed, consisting of members from both Houses. The presence of unauthorized individuals or vacancies in membership does not invalidate the proceedings of either House.?

When it comes to appointments, relevant committees review and then present them for approval in the House. Both committee and House proceedings are open to the public. Parliament and its committees possess the power to summon individuals, ensure witness attendance, conduct sworn examinations, compel document production, and issue commissions to examine witnesses abroad.