The Legislature

Part 1—Establishment and role of Parliament

1. 93Establishment of ParliamentParliament of Kenya is established and consists of the National Assembly and the Senate. Each performs its own functions as set out in this Constitution.
2. 94Role of ParliamentParliament holds the people's legislative authority at national level, represents their will and must protect this Constitution. It may pass constitutional amendments as the Constitution provides. No one else can make law unless authorised by the Constitution or legislation, which must specify the limits.
3. 95Role of the National AssemblyThe National Assembly represents the constituencies, debates issues, makes laws and decides how national revenue is shared between the levels of government. It appropriates and oversees public spending, reviews the conduct of the President and other State officers, and approves declarations of war.
4. 96Role of the SenateThe Senate represents and protects the counties and their governments. It considers Bills concerning counties, decides how national revenue is shared among counties and oversees it, and takes part in deciding whether to remove the President or Deputy President.

Part 2—Composition and membership of Parliament

1. 97Membership of the National AssemblyThe National Assembly has 290 constituency members, 47 women elected from the counties, 12 members nominated by parties for special interests including youth, persons with disabilities and workers, and the Speaker as an ex officio member.
2. 98Membership of the SenateThe Senate has 47 members elected from the counties, 16 women nominated by parties, two youth members (one man, one woman), two members for persons with disabilities (one man, one woman), and the Speaker as an ex officio member.
3. 99Qualifications and disqualifications for election as member of ParliamentYou can stand for Parliament if you are a registered voter, meet any educational, moral and ethical requirements, and are party-nominated or independent with enough supporters. Disqualifications include being a public officer, an undischarged bankrupt, of unsound mind, or lacking ten years' citizenship.
4. 100Promotion of representation of marginalised groupsParliament must pass laws to promote the representation in Parliament of women, persons with disabilities, youth, ethnic and other minorities, and marginalised communities.
5. 101Election of members of ParliamentA general election of members of Parliament is held on the second Tuesday in August every fifth year. Vacancies are filled by nomination or by-election within set times, but not within three months before a general election.
6. 102Term of ParliamentEach House's term ends on the date of the next general election. When Kenya is at war, Parliament may extend its term by up to six months at a time with two-thirds support in each House, and by no more than twelve months in total.
7. 103Vacation of office of member of ParliamentA member of Parliament loses their seat on death, resignation, unexplained absence from eight sittings, removal under law, end of term, or specified disqualification. Changing party status after election also ends a seat: resigning from the party, or an independent joining one.
8. 104Right of recallVoters have the right to recall the member of Parliament who represents them before the end of the term. Parliament must pass a law setting the grounds and procedure.
9. 105Determination of questions of membershipThe High Court decides whether a person was validly elected as a member of Parliament or whether a seat is vacant. It must decide within six months of the petition being lodged.

Part 3—Offices of Parliament

1. 106Speakers and Deputy Speakers of ParliamentEach House has a Speaker, elected from outside its members, and a Deputy Speaker, elected from among its members. They leave office when a new House first meets, if they vacate under Article 103, by a two-thirds vote of the House, or by resigning.
2. 107Presiding in ParliamentThe Speaker presides at sittings of a House. If absent, the Deputy Speaker presides, and failing both, another member elected by the House. At a joint sitting, the Speaker of the National Assembly presides, assisted by the Speaker of the Senate.
3. 108Party leadersThere is a leader of the majority party and a leader of the minority party, being the National Assembly leaders of the largest and second largest party or coalition. The order of precedence is the Speaker, then the majority leader, then the minority leader.

Part 4—Procedures for enacting legislation

1. 109Exercise of legislative powersParliament makes law through Bills passed by Parliament and assented to by the President. A Bill not concerning counties is considered only in the National Assembly. Bills may be introduced by any member or committee, but money Bills only in the National Assembly.
2. 110Bills concerning county governmentA Bill concerning county government affects county functions and powers, county elections, or county finances. The two Speakers jointly decide whether it concerns counties and whether it is special or ordinary. If both Houses pass it in the same form, it goes to the President.
3. 111Special Bills concerning county governmentsThe National Assembly can amend or veto a special Bill concerning counties, passed by the Senate, only by a resolution supported by at least two-thirds of its members. If that fails, the Bill goes to the President for assent within seven days.
4. 112Ordinary Bills concerning county governmentsIf the second House rejects an ordinary Bill concerning counties, it goes to a mediation committee. If amended, it returns to the originating House, which either passes it as amended or sends it to mediation.
5. 113Mediation committeesA mediation committee has equal members from both Houses and tries to agree a Bill version both will pass. If both approve it, it goes to the President. If there is no agreement in thirty days, or either House rejects it, the Bill is defeated.
6. 114Money BillsA money Bill may deal only with taxes, charges on public funds, public money, loans and incidental matters. The National Assembly may proceed only on a committee's recommendation, after hearing the finance Cabinet Secretary. County taxes, money and loans are not covered.
7. 115Presidential assent and referralThe President has fourteen days to assent to a Bill or return it to Parliament with reservations. Parliament may amend it or pass it again, by two-thirds if not fully accommodating them. If the President does neither in time, assent is presumed.
8. 116Coming into force of lawsA Bill that has received assent must be published in the Gazette as an Act within seven days. It takes effect fourteen days later unless it states otherwise. An Act giving MPs a direct pecuniary interest takes effect only after the next general election.

Part 5—Parliament's general procedures and rules

1. 117Powers, privileges and immunitiesThere is freedom of speech and debate in Parliament. Parliament may provide for the powers, privileges and immunities of itself, its committees and members, for the orderly and effective discharge of its business.
2. 118Public access and participationParliament must conduct its business openly, with sittings and committee sittings in public, and must facilitate public participation. It may exclude the public or media only in exceptional circumstances where the Speaker finds justifiable reasons.
3. 119Right to petition ParliamentEvery person has the right to petition Parliament to consider any matter within its authority, including to make, change or repeal a law. Parliament must set the procedure for this.
4. 120Official languages of ParliamentParliament's official languages are Kiswahili, English and Kenyan Sign language, and its business may be conducted in any of them. If versions of an Act conflict, the version signed by the President prevails.
5. 121QuorumThe quorum is fifty members in the National Assembly and fifteen members in the Senate.
6. 122Voting in ParliamentUnless the Constitution says otherwise, questions in either House are decided by a majority of members present and voting. The Speaker has no vote, a tie means the question is lost, and members may not vote on matters in which they have a pecuniary interest.
7. 123Decisions of SenateIn the Senate, on matters affecting counties, each county delegation has one vote and a matter is carried only if a majority of all delegations support it. On matters not affecting counties, each senator has one vote.
8. 124Committees and Standing OrdersEach House may set up committees and must make Standing Orders. Proceedings are not invalid merely because of a vacancy or an unentitled person's presence. Appointments needing a House's approval are considered by a committee, with proceedings in public.
9. 125Power to call for evidenceEither House of Parliament or its committees can summon any person to give evidence or provide information. They have the same powers as the High Court to enforce attendance, examine witnesses on oath and compel documents.

Part 6—Miscellaneous

1. 126Location of sittings of ParliamentEither House may sit at any place in Kenya and at any time it appoints. The President appoints the place and date of a new House's first sitting by Gazette notice, within thirty days of the election.
2. 127Parliamentary Service CommissionThis Article creates the Parliamentary Service Commission, chaired by the Speaker of the National Assembly, with MPs and two appointed outsiders as members. It provides services for Parliament, appoints and supervises parliamentary staff, and prepares the parliamentary service budget.
3. 128Clerks and staff of ParliamentEach House of Parliament has a Clerk, appointed by the Parliamentary Service Commission with the approval of that House. The Clerks and their staff are in the Parliamentary Service.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.