The role of the National Assembly in Kenya is fundamental to the country’s democratic framework and central to the legislative process and the governance of Kenya.
The National Assembly plays a pivotal role in shaping national policies and ensuring effective government operations.
As the principal legislative body, the National Assembly formulates laws and oversees their implementation while also representing the interests and concerns of the Kenyan people.
It holds significant authority in approving the national budget and maintaining a system of checks and balances on the executive branch of government.
Through its varied functions, the National Assembly ensures that governance remains responsive and accountable, reflecting the diverse needs and aspirations of the nation’s citizens.
This article explores the key roles of the National Assembly in sustaining a balanced and effective government at the national and county levels.
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Membership of the National Assembly
Article 97 of the Kenyan Constitution says the membership of the National Assembly consists of–
- two hundred and ninety members, each elected by the registered voters of single member constituencies;
- forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency (County Women Representatives);
- twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly following Article 90 (of the Constitution), to represent special interests including the youth, persons with disabilities and workers; and
- the Speaker, who is an ex officio member.
Therefore, the National Assembly shall have 349 members, excluding the Speaker.
The role of the National Assembly
The National Assembly in Kenya derives its legislative authority from the people of the Republic of Kenya. It manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.
The National Assembly shall protect the Constitution and promote the democratic governance of the Republic.
Article 95 of the Kenyan Constitution states the role of the National Assembly as follows–
- The National Assembly represents the people of the constituencies and special interests in the National Assembly.
- The National Assembly deliberates on and resolves issues of concern to the people.
- The National Assembly enacts legislation following Part 4 of Chapter 8 (of the Constitution).
- The National Assembly–
- determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve (of the Constitution);
- appropriates funds for expenditure by the national government and other national State organs; and
- exercises oversight over national revenue and its expenditure.
- The National Assembly–
- reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and
- exercises oversight of State organs.
- The National Assembly approves declarations of war and extensions of states of emergency.
Here’s a more detailed explanation of some of the roles of the National Assembly in Kenya.
Revenue Sharing Role
The National Assembly performs the role of vertical sharing of national revenue jointly with the Senate.
The National Assembly performs this role through the consideration and approval of the Division of Revenue Act. The Division of Revenue Act determines the vertical sharing of revenue.
Once every five years, the Senate comes up with a revenue-sharing formula for the 47 county governments (also known as horizontal sharing). The Senate must seek the approval of the National Assembly to approve or amend the formula.
Moreover, the National Assembly appropriates funds for expenditure by the national government and other national State organs through the Appropriation Act (or approved budget).
Oversight of revenue expenditure by the national government
The National Assembly has a role to play in ensuring that the revenue expenditure by the national government is transparent and accountable. It performs this role through the oversight of the national government’s revenue expenditure.
The National Assembly adopts reports from the Controller of Budget and the Auditor General when performing the oversight role.
The Controller of Budget releases quarterly budget implementation review reports that are tabled before the National Assembly, and an annual report. These reports relate to the national government’s budget performance.
The Auditor General releases audit reports six months (in December) after the end of a financial year (in June). The audit reports guide the National Assembly in determining if the national government spent public funds in a prudent and effective way.
The National Assembly also has the powers, through its committees, to summon members of the Executive arm of government to provide information or evidence on the national government expenditure, usually based on the above reports.
Representing the people
MPs play a critical role as intermediaries between the public and the state, using their position in Parliament to address issues affecting their constituents.
MPs represent the people of the constituencies and special interests in the National Assembly in several ways–
- Receiving Petitions from Constituents: Constituents (i.e. the people living in an MP’s electoral constituency) can submit petitions directly to their MP if they have grievances, complaints, or requests related to public services, government actions, or violations of rights. These concerns can range from local issues (such as infrastructure problems) to broader national issues (such as corruption or mismanagement of resources).
- Tabling Petitions in Parliament: MPs are the gatekeepers for petitions. When a petition is submitted to them, MPs can table it in the National Assembly or present it to the relevant parliamentary committees. This is the formal process of bringing the concerns of their constituents to the attention of Parliament, which has the power to take action.
- Introducing Motions: MPs may also introduce a motion in the National Assembly on behalf of their constituents. A motion is a formal proposal to Parliament requesting that the government take action on a particular issue raised in the petition. The motion could involve calling for an investigation, the creation of a policy, or the allocation of resources to address the concern raised by the constituents.
- Advocating on Behalf of Constituents: MPs use their positions to advocate for their constituents during debates and discussions in Parliament. This could involve defending the rights of marginalized groups, raising concerns about poor public service delivery in a particular region, or demanding that the government address a national crisis.
Enacting legislation
The National Assembly exercises its legislative power through Bills passed in the House and assented by the President.
The National Assembly can consider a bill concerning county government or a bill not concerning county governments.
A bill not concerning county governments is only considered in the National Assembly. However, a bill concerning county governments may originate in either the National Assembly or the Senate.
According to Article 110 of the Kenyan Constitution, “a Bill concerning county government” means–
- a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule;
- a Bill relating to the election of members of a county assembly or a county executive; and
- a Bill referred to in Chapter Twelve affecting the finances of county governments.
A Bill concerning county governments can be a special bill or an ordinary bill.
Ordinary and special bills
A Bill is a special Bill to consider under Article 111 of the Kenyan Constitution if–
- it relates to the election of members of a county assembly or executive; or
- it is the annual County Allocation of Revenue Bill referred to in Article 218 of the Constitution.
The National Assembly may amend or veto a special Bill that originates from the Senate. However, this is only possible by a resolution of at least two-thirds of the members of the National Assembly.
A Bill is an ordinary Bill if the National Assembly considers it under Article 112 of the Kenyan Constitution.
If one House of Parliament passes an ordinary Bill concerning counties, and the second House–
- rejects the Bill, it shall be referred to a mediation committee appointed under Article 113 of the Kenyan Constitution; or
- passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration.
If, after the originating House has reconsidered a Bill referred back to it, that House–
- passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent; or
- rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113 of the Kenyan Constitution.
Monitoring the implementation of laws
Once laws are passed, the National Assembly monitors how they are implemented by the relevant government ministries, departments and agencies.
The House can ask for reports on the implementation of specific laws and policies to ensure compliance.
Ensuring the integrity of the public office
This role is tied to the oversight role. The National Assembly reviews the conduct in the office of the President, the Deputy President and other State officers and initiates the process of removing them from office.
In the case of removal from office for the President and Deputy President, the National Assembly performs the function jointly with the Senate.
Article 106(2) (c) of the Constitution also gives the National Assembly the power to remove the Speaker or the Deputy Speaker from office if the House passes a resolution supported by at least two-thirds of its members.
Exercise oversight of State organs
The National Assembly exercises oversight of State organs through different means such as–
- Questioning government officials - The National Assembly has the powers, through its committees, to summon certain State officers to provide information or evidence on policies, decisions, and the implementation of laws.
- Budget and policy oversight - The National Assembly monitors their financial performance, management, and adherence to government policies.
- Removal from office - recommending or initiating the removal of certain State officers from office.
Therefore, the role of the National assembly is to represent the people, make and amend laws (including budget appropriation) and oversee State organs.