Procedure for Enacting Legislation

Parliament exercises its legislative power through Bills passed by Parliament and assented to by the President. Any Bill can originate in the National Assembly, except for Bills that do not concern county government, which are considered only in the National Assembly. A Bill concerning county government can originate in either the National Assembly or the Senate and is passed according to specific articles and standing orders.

A Bill can be introduced by any member or committee of the relevant House of Parliament, but a money Bill can only be introduced in the National Assembly. A Bill concerning county government includes provisions affecting the functions and powers of county governments, election of members of a county assembly or executive, and those affecting the finances of county governments.

Before either House considers a Bill concerning county government, the Speakers of the National Assembly and Senate must resolve whether it is a special or ordinary Bill. Once passed by one House, the Bill is referred to the Speaker of the other House. If both Houses pass the Bill in the same form, it is referred to the President for assent.

Special Bills concerning county government proceed in the same manner as ordinary Bills, with some additional provisions. The National Assembly can amend or veto a special Bill passed by the Senate with a resolution supported by at least two-thirds of its members. If the resolution fails, the Bill is referred to the President.

If one House passes an ordinary Bill concerning counties and the second House rejects it, a mediation committee is appointed. If the originating House passes the Bill as amended, it is referred to the President. If the Bill is rejected, it is referred to the mediation committee.

If a Bill is referred to a mediation committee, a version that both Houses will pass is developed. If approved by both Houses, it is referred to the President. If the mediation committee fails to agree or a proposed version is rejected, the Bill is defeated.

A money Bill can only deal with specified matters and must be in accordance with the recommendation of the relevant Committee of the National Assembly. The President has the option to assent to a Bill or refer it back to Parliament for reconsideration. Parliament can amend the Bill or pass it again without amendment. If fully accommodating the President's reservations, it is re-submitted for assent. If not fully accommodating, it requires a two-thirds majority vote in both the National Assembly and Senate.