UNDERSTANDING THE ROLE OF KMA
IN BILL MAKING PROCESS,
NATIONALY AND IN THE COUNTIES
DR. BOSIRE WAIRIMU OTIENO
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OVERVIEW OF KMA
• Founded in 1968 and incorporated in 1973 under the
Companies Act Cap 486 as a company limited by
guarantee. Kenya Medical Association (KMA) is a
voluntary membership organization open to all
medical and dental practitioners registered in the
Republic of Kenya. It was founded in 1968 and
currently has close to 3000 members. The Association
has the following mandate
CURRENT WORK CONT…
• To promote the practice of medicine in Kenya.
• To uphold high standards of medical ethics and conduct.
• To advice the Government, other medical bodies and the general
public on matters related to health.
• To promote the welfare of doctors.
• To maintain the honor and interest of the medical profession.
• To support continuing professional development (CPD) through
periodic publications, seminars and scientific conferences.
• To liaise with medical associations around the world.
•
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OVERVIEW
• Parliamentary process in the Legislation
• Parliamentary process in the senate
• Public participation process
• Participation beyond the legislative process
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COUNTY LEVEL BILL MAKING PROPOSAL.
THE SENATE
• Legislative mandate of the Senate is, unlike that of
the National Assembly limited to Bills concerning
County Governments
• This has an impact on the manner in which
legislation is processed in Parliament.
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BILL CONCERNING COUNTIES
Article 110 of the Constitution provides that “a Bill
concerning county government” means a Bill—
(a) containing provisions affecting the functions and
powers of the county governments;
(b) relating to the election of members of a county
assembly or a county executive; and
(c) referred to in Chapter Twelve affecting the
finances of county governments.
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LEGISLATIVE PROPOSAL OR IDEA FOR A
BILL
The Legislative proposal or idea for a Bill can come from several sources:
Senators or Members of Parliament;
Committees of the Senate;
the Executive;
professional organizations; or
individuals.
8 The
LEGISLATIVE PROPOSAL
Sponsor submits the idea for a Bill to the Speaker.
The Speaker refers the legislative proposal to the Clerk
for drafting by the Directorate of Legal Services.
The legislative proposal is assigned to a legislative drafter
who works closely with the Senator or Committee to
develop a draft Bill.
The draft Bill, duly signed by the Sponsor, is then
forwarded by the Clerk to the Speaker.
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SPONSORSHIP OF A BILL
A Bill must have a Sponsor in order to be introduced
in the Senate. The Sponsor can either be-
a Senator; or
a Committee of the Senate.
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CONT.
Where the Sponsor of the Bill is a –
Senator- the Speaker refers the draft Bill
to the relevant Committee for prepublication scrutiny and comments.
Committee- the Bill is sent to the Speaker
for certification for publication
Once certified by the Speaker that the draft Bill is ready for publication, the
Bill is forwarded to Government Printer for publication.
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CONCURRENCE
• Before the First Reading of a Bill, the Speaker of the
relevant House shall seek the concurrence of the
Speaker of the other House as to whether it is a Bill
concerning Counties and if it is, whether it is a
special or ordinary Bill.
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INTRODUCTION OF A BILL
• A Bill may only be introduced in a House of
Parliament after the expiry of a publication period of
14 days beginning from the date of publication.
• The exception is in the case of a Division of
Revenue Bill or a County Allocation of Revenue Bill
whose publication period is 7 days.
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FIRST READING AND COMMITTAL OF A
BILL
• A Bill is read a first time in the House by the Clerk
reading its title.
• After the First Reading, the Bill automatically stands
committed to the relevant standing committee.
• The committee is required to facilitate public
participation and to take into account the views of
the public when it makes its report to the Senate.
• This process is to be carried out within a period of
thirty days.
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SECOND READING OF A BILL
• This stage avails Members of Parliament the
opportunity to debate and give their views on the
Bill.
• It also gives insights as to the provisions which may
be further reviewed by the Committee in the form
of committee stage amendments.
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1ST OPPORTUNITY FOR PUBLIC
PARTICIPATION
• Notification for public participation made by way
of advertisement in two newspapers of national
circulation
• Members of the public required to submit
proposals on the Bills before the relevant
Committee
• Submissions should include the clause in issue,
the proposal for amendment and the rational for
the amendment.
• Proposed amendment may be included.
CONT.
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• Notification for public participation made by way
of advertisement in two newspapers of national
circulation
• Members of the public required to submit
proposals on the Bills before the relevant
Committee
• Submissions should include the clause in issue,
the proposal for amendment and the rational for
the amendment.
• Proposed amendment may be included.
CONT.
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CLAUSE ISSUE
RATIONALE
REQUIRING
REVIEW
PROPOSED
AMENDMENT
CONT.
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Challenges of the Senate
• Lack of stakeholder interest
• Too many vested interests in the legislation or
issue before the Committee
• Conflicting views from stakeholders
• Unclear submissions
• Use of different or older version of the Bill
• Challenges faced on the part of stakeholders
making public participation ineffective
CONT.
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Preparation of Report of the Committee
and Committee Stage Amendments
• Preparation of matrix on public hearing
• Meeting to consider stakeholder submissions
• Committee makes a decision on each proposal that
is presented by stakeholder
• Committee Stage Amendments are prepared based
on the decisions made by the Committee on each
proposal and on further proposals that the
Committee may have.
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COMMITTEE OF THE WHOLE
• Any Member of Parliament, other than the Sponsor
of the Bill, who wishes to move an amendment to
the Bill, must give written notification of the
amendment to the Clerk at least 24 hours before
commencement of the sitting at which the
amendment is to be considered.
• The House considers the Bill clause by clause.
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CONT.
• Order paper sets out the order of the day,
committee stage amendments and is posted on
Parliament’s website a day before the sitting
• Subsequent recording of the proceedings is available
through the Hansard which is also posted on
Parliament’s website
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THIRD READING
• Once the Committee of the Whole on a Bill is
concluded, the Bill is reported back to the Senate.
• The Bill is then read a third time.
• No amendments may be moved at this stage
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CONT.
• When a Bill is passed by the relevant House at Third
Reading, the Bill is forwarded to the Clerk of the other
House together with a message requesting the
concurrence of the House.
• If the other House proposes amendments to the Bill, the
amendments shall be circulated within seven days of
receipt of the amendments and shall be considered in
the Committee of the Whole.
• The House may pass the Bill as amended and forward it
to the President for assent or reject the Bill, in which
case the Speaker refers it to the mediation committee.
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OPPORTUNITIES FOR INVOLVEMENT
ONCE BILL IS PASSED BY THE SENATEKMA
• Once Bill is submitted to the National Assembly, it is
important to identify changes in the Bill as passed by
the Senate as recorded in the Hansard.
• Issues would only be confined to the amendments as
effected by the Senate in the Bill that is submitted to
the National Assembly.
MEDIATION COMMITTEE
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• Whenever the House does not agree to all or any of the
amendments proposed by the other House, the Speakers
of both Houses shall appoint a Mediation Committee,
• The Mediation Committee consists of an equal number
of Senators and Members of the National Assembly to
develop a version of the Bill that both Houses will pass.
• If within 30 days the mediation Committee fails to agree
on a suitable version of the Bill, the Bill will be deemed
to be negatived.
• If the Committee agrees on a version that is passed by
both Houses, the Bill is deemed to be passed.
• If one House fails to pass the Bill, then the Bill is lost.
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CONT.
• There is no opportunity for public participation as
the Mediation Committee is required to prepare a
mediated version of the Bill.
• Nothing stops the Mediation Committee from
engaging specific stakeholders on a matter
particularly where the issue is technical. (KMA)
• Considerations by the Mediation Committee
confined to the rejected amendments by the Senate.
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CONT.
• Once a Bill originating in the Senate has been passed by
both Houses, the Speaker of the Senate refers the
concluded Bill to the President for assent.
• The President is required to either assent to the Bill or
refer the Bill back to the Senate for reconsideration
noting any reservations the President has.
• Parliament may either amend the Bill in light of the
President’s reservations or pass it a second time with or
without amendments that do not fully accommodate the
President’s reservations.
CONT.
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• Assent does not involve public participation.
• However, where found necessary, it may be possible
to submit a memoranda to the President regarding
compelling issues that should prevent assent of the
Bill.
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CONT.
• Once a Bill has been assented to, the Bill is published
as an Act of Parliament within 7 days after assent.
• An Act of Parliament comes into force on the 14th
day after its publication in the Gazette unless the Act
provides for a different date or time
POST-ASSENT
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• Amendment of legislation
• Subsidiary legislation
• Transition
• Implementation
• Monitoring and evaluation by the relevant Ministry
• Review or amendment of legislation where necessary
(Statute Law (Misc.) (Amendment) Bills)