THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL, 2023
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Executive
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Final
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Speakers Must Jointly Resolve If Bills Affect Counties
Establishes a formal process under Article 110(3) of the Constitution. When a bill is published, a Speaker can raise a question on whether it concerns county governments. The Speaker of the second House has seven days to consider the question. If they disagree, the bill is referred back for modification, or the Speakers can jointly appoint a body to make recommendations within seven days.
Strict Rules Introduced for Money Bills and Co-Sponsorship
Clause 12 provides that money bills or motions may only be introduced in the National Assembly. If a Senate-originating bill is deemed a money bill, it must follow the Assembly's procedure under Article 114. Clause 13 allows bicameral co-sponsorship of bills, requiring a memorandum statement and forwarding certified copies between Houses.
Equal Membership Mandated for Mediation and Joint Committees
Outlines rules for Mediation Committees under Article 113 of the Constitution. These committees must consist of equal numbers from both Houses. A quorum requires one-third of members from each House. Decisions must be by consensus, or failing that, votes are taken by separate Houses. If mediation fails to agree on a version within 30 days, the bill is defeated.
Houses Can Share Public Participation Results to Save Resources
Sets out rules for public participation under Article 118. When one House passes a bill, its Clerk must forward the bill alongside the public participation report to the other House. The second House's committee can choose to rely on the findings of the first House's committee to avoid duplication, or seek additional views.
Mandatory Negotiation Before Houses Can Go to Court
Before declaring a formal dispute, the Houses must negotiate in good faith. If negotiations fail, the Speakers must convene a meeting of the leadership within 21 days to identify alternative dispute resolution (ADR) mechanisms, such as mediation or arbitration. Parties must demonstrate to a court that all amicable dispute resolution efforts have failed.
Bill No.
National Assembly Bills No. 44 of 2023
Gazette No.
Supplement No. 130
Sponsor
Samuel Chepkonga
Background
The Houses of Parliament (Bicameral Relations) Bill, 2023 is designed to give full effect to the bicameral legislative processes contemplated under Chapter Eight of the Constitution of Kenya. Specifically, it seeks to resolve recurring procedural friction between the National Assembly and the Senate by establishing structured, harmonised frameworks for processing bills, conducting public participation, managing joint committees, and resolving inter-house disputes.
Key Provisions
- Joint Resolution on County Bills (Part III): Implements Article 110(3) of the Constitution. When a bill is published, a Speaker can raise a question on whether it concerns county governments. The second Speaker must consider the question within 7 days. If they agree, a Certificate of Joint Resolution is issued. If they disagree, the originating House can modify the bill or refer it to a joint conciliation process.
- Management of Money Bills (Clause 12): Restricts the introduction of money bills and motions strictly to the National Assembly in line with Article 114. If a bill originating in the Senate is determined to be a money bill, it must be referred to the Assembly for appropriate action.
- Co-Sponsorship of Legislation (Clause 13): Allows members from different Houses to co-sponsor bills, requiring formal notification in the bill's memorandum and the transmission of certified copies between Clerks.
- Mediation Committees (Clause 14): Prescribes that mediation committees under Article 113 must consist of equal numbers from both Houses. A quorum is set at one-third of the members from each House. If a committee fails to agree on a version of the bill within 30 days, the bill is deemed defeated.
- Joint Sittings of Parliament (Clause 17): Mandates that the Speaker of the National Assembly shall preside over joint sittings of the Houses, assisted by the Speaker of the Senate.
New Obligations
- Transmission of Public Participation Reports: Under Clause 19(4), when a bill passes in one House, the Clerk must transmit a certified copy of the bill alongside its public participation report to the other House.
- Exhaustion of Alternative Dispute Resolution (ADR): Under Clause 20, before declaring a formal dispute or seeking judicial redress, the leadership of both Houses must make a good faith effort to resolve disputes through direct negotiations or structured ADR processes within 21 days.
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