The Houses of Parliament ( Bicameral Relations) Bill , 2023

SPECIALISSUE

Kenya Gazette Supplement No.130 (National Assembly Bills No.44)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2023

NAIROBI,28thJuly,2023

CONTENT

Bill for Introduction into the National Assembly-

The Houses of Parliament(Bicameral Relations) Bill,2023

PAGE

1309

THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL,2023

ARRANGEMENT OF CLAUSES

PREAMBLE

PARTI-PRELIMINARY

Clause

• 1-Short title.
• 2-Interpretation.
• 3-Objects of the Act.

PART II-PUBLICATION AND ENACTING FORMULA

• 4-Publication of Bills.
• 5-Publication of Acts.

PARTIII-JOINT RESOLUTION OF AQUESTION UNDER ARTICLE110(3) OFTHECONSTITUTION

• 6-Notification of question arising.
• 7-Bills on which no question can arise for joint resolution.
• 8-Consideration of a question arising.
• 9-Agreement over the question raised.
• 10-Disagreement over the question raised.
• 11-Conciliation in the event of disagreement.
• 12-Consideration of money Bills.
• 13-Co-sponsorship of Bills.

PART IV-CONDUCT OF JOINT PROCEEDINGS AND COMMITTEES

• 14-Mediation Committees.
• 15-Joint committees.
• 16-Joint sittings of committees.
• 17-Joint sittings of Parliament.

PARTV-MISCELLANEOUS

• 18-Address of Parliament by visiting dignitaries.

• 19-Public participation processes.
• 20-Use of alternative dispute resolution mechanism to resolve disputes.

FIRSTSCHEDULE

• -Notification of Question Arising Under Article 110(3)

SECOND SCHEDULE -Certificate of Joint Resolution

PREAMBLE

AWARE that Article l of the Constitution provides that sovereign power belongs to the people of Kenya and is exercised either directly or indirectly through democratically elected representativesin Parliament;

FURTHER AWARE that Article 93(1) and(2)ofthe Constitution establishes the Parliament of Kenya comprising the National Assembly and the Senate to perform their respective functions in accordance with the Constitution;

WHEREAS Articles 94,95(3),95(4)(b),109(2),(3),(4) and (5); 114;209,210,221 and 223of the Constitution provides for the legislative powers and the manner of exercising those powers by the National Assembly and the exclusive role of the National Assembly in revenue raising and appropriation of funds for expenditure by the national government;

FURTHER WH/EREAS Articles 94,96(2);96(3);109(4);and 110(l) of the Constitution provides for the legislative powers and the manner of exercising those powers by the Senate and the determination of the allocation of national revenue among counties and oversight of such revenue by the Senate;

NOTING that Article 186 of the Constitution as read with the Fourth Schedule to the Constitution sets out the respective functions and powers of the national government and the county governments.

FURTHER NOTING that Article 109(3)of Constitution asread together with Article 109(4) of the Constitution confers upon the National Assembly the exclusive mandate of enacting Bills not concerning county

governments and excludes the Senate from participation in the enactment of such Bills;

RECOGNIZING that Article 110(1) and (2)of the Constitution defines a Bill concerning county governments and Article 1i0(3) of the Constitution requires the Speakers of Parliament to jointly resolve any question arising on whether a Bill concerns counties;

FURTHER RECOGNIZING the need to establish procedures for processinglegislation,public participation,joint sittings,joint committees, mediation committees,and other matters related to the functions of the bicameral legislature under Article 94 of the Constitution;

ACKNOWLEDGING that engagements between the Houses of Parliament should be based on consultation and cooperation to promote a harmonious mechanism for democratic governance;

COMMITTED to creating a framework that enables both Houses of Parliament to perform their respective functions and enhance seamless bicameral relations;

NOW THEREFORE,Parliament enacts the following

THE HOUSES OF PARLIAMENT (BICAMERALRELATIONS)BILL,2023

A Bill for

AN ACT of Parliament to give further effect to the procedures relating to matters of bicameral nature between the Houses of Parliament as contemplated in Chapter Eight of the Constitution of Kenya and for connected purposes

ENACTED by theParliament ofKenya,as follows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the Houses of Parliament (Bicameral Relations)Act,2023.
• 2.In this Act,unless the context otherwise requires-
• "Bill concerning county governments"has the meaning assigned to it by Article 110 of the Constitution;

"Bill not concerning county governments" means a

Bill-

• (a) containing provisions affecting the exclusive functions and powers of the national government under Part 1 of the Fourth Schedule to the Constitution;
• (b) containing provisions relating to a function or power not assigned by the Constitution or national legislation to a county government;or
• (c) containing provisions that are incidental to the effective exercise of a function or power of the national government under Part 1 of the Fourth Schedule to the Constitution;

"Clerk"means the Clerk of the National Assembly or

the Senate;

"Houses of Parliament"means the National Assembly

and the Senate;

"mediation committee"means a mediation committee established under Article 113 of the Constitution;

"money Bill" has the meaning assigned to it by Article 114 of the Constitution;and Short title.

Interpretation.

"Speaker" means the Speaker of the National Assembly or of the Senate.

• 3.The objects of this Act are to-
• (a) provide a seamless framework for the manner of conducting matters of bicameral nature;
• (b) provide for the publication in the Gazette of all Bills to be introduced in either of the Houses of Parliament pursuant to Article 109(4) of the
• Constitution;
• (c)provide for the enacting formula to be included in
• all Bills and Acts passed by Houses of Parliament;
• (d) outline the Bills on which no question can arise for joint resolution by the Speakers under Article
• 110(3)of the Constitution;
• (e) outline the manner in which a question can arise for resolution by the Speakers under Article
• 110(3) of the Constitution;
• (f) define what constitutes consideration of a Bill for purposes of Article 110(3) of the Constitution;
• (g) provide for the manner of jointly resolving a question that arises on a Bill under Article 110(3) of the Constitution;
• (h) outline what constitutes a Bill not concerning county governments as contemplated by the Constitution for purposes of Article 109(3) of the Constitution;
• (i) provide for the mode of originating and considering a money Bill as contemplated under Article 109(5) of the Constitution;
• (j) provide a framework for the conduct of joint
• processes including-—
• (i) the conduct of a joint sitting of Parliament
• under Article 107(2) of the Constitution;
• (ii) the procedure applicable to the chairing, quorum,voting and timelines in respect of a mediation committee establishedunder
• Article 113 of the Constitution;

Objects of the

Act.

• (ii) facilitation of public participation under
• Article 118 of the Constitution;and
• (iv) establishment and the procedure applicable to
• a joint committee under Article 124(2)of the Constitution;and
• (k) provide a framework for amicable resolution of disputes arising from the discharge by the Houses of Parliament their respective functions.

PARTII-PUBLICATION AND ENACTING

FORMULA

• 4.(1) A Bill to be introduced by any member or committee of a House of Parliament pursuant to Article 109(5) of the Constitution shall bepublished in the Gazette in such a manner as may be specified in the Standing Orders of the respective House.
• (2) Where a request is submitted to the Government printer by the respective Clerk for thepublication of a Bill under subsection (l),the Government Printer shall cause to be published in the Gazette the Bill within a period not exceeding seven days after the date of receipt of the request.
• 5.(1) A Bill passed by both Houses of Parliament or by the National Assembly under Article 109(3) of the Constitution shall be published in the Gazette as an Act of Parliament in accordance with Article 116(l) of the Constitution.
• (2) A Bill passed by both Houses of Parliament or by the National Assembly under Article 109(3) of the Constitution, shall be styled "An Act of Parliament"and the words of enactment shall be"Enacted by the Parliament of Kenya".

PARTIII-JOINT RESOLUTION OFA QUESTION UNDERARTICLE110(3) OFTHECONSTITUTION

• 6.(1) A question under Article 110(3) of the Constitution may arise in the manner provided for under this Part.
• (2) Whenever a Bill is published in the Gazette,in accordance with section 4 of this Act, a Speaker may, subject to section 7 and at any time before the period

Publication of

Bills.

Publication of

Acts.

Notification of

question arising.

specified for the Second Reading of such Bill in the Standing Orders of the respective House,become seized of a question as to whether the Bill concerns county governments.

• (3) Whenever the Speaker becomes seized of a question under subsection (2), the Speaker shall as soon as

2. is practicable,notify the Speaker of the second House of the question. 3. (4) The notification under subsection (3) shall be in the form set out in the First Schedule.

• (5) In determining whether a question has arisen under Article 110 (3)of the Constitution,a Speaker shall for the purposes of subsection (2)-

5. (a) consider the Bill's true purpose, intent and legal 6. effect; 7. (b)examine the contents of the Bill and the 8. memorandum of objects and reasons to ascertain its inherent nature;and 9. (c) consider whether the Bill falls under the exclusive mandate of the National Assembly pursuant to Article 109(3)of the Constitution; 10. (d) consider whether the provisions of the Bill specifically affect the functions and powers of county governments set out in the Fourth Schedule to the Constitution. 11. 7.The provisions of section 6 shall not apply to- 12. (a) a Bill to amend the Constitution as provided for under Article255,256 and 257which is considered by both Houses; 13. (b) a Bill relating to the election of members of a county assembly or a county executive under Article 110(1)(b) of the Constitution which is considered by both Houses; 14. (c) the annual County Allocation of Revenue Bill as provided for under Article 218of the Constitution which is considered by both Houses;

Bills on which no question can arise for joint resolution.

• (d) an Appropriation Bill as provided for under Articles 95(4) (b), 221, 222, and 223 of the Constitution which is considered only by the National Assembly;
• (e) a Finance Bill introduced pursuant to Articles 95(4)(c),114,209(1),210and 221(1)of the Constitution which is considered only by the National Assembly;
• (f) any Bill providing for taxation and other revenueraising powers of the national government introduced pursuant to the provisions of Part 3 of Chapter Twelve of the Constitution which is considered only by the National Assembly;and
• (g) a Bill not concerning county governments which pursuant Article 109(3) of the Constitution is considered only in the National Assembly and passed in accordance with Article 122 and the Standing Orders of the Assembly.
• 8.(l) Upon receipt of a notification of a question under section 6(3), the Speaker of the second House shall within a period not exceeding seven days,consider the question raised.
• (2) Upon consideration of the question, the Speaker
• may-
• (a) agree with the question as raised;or
• (b) disagree with the question as raised.
• 9.(1) Whenever a Speaker of the second House agrees with the question raised as contemplated under section 8(2)(a),the Speaker shall prepare and transmit a Certificate of Joint Resolution in duplicate,for endorsement by the Speaker of the originating House.
• (2) Upon receipt of a Certificate of Joint Resolution on a question as to whether a Bill concerns counties, the Speaker of the originating House shall, as soon as is practicable indicate their resolution and convey a copy of the Certificate to the Speaker of the second House.
• (3) The Certificate of Joint Resolution shall be in the form set out in the Second Schedule and shall be deemed to be evidence of the resolution of the particular question.

Consideration of a

question arising.

Agreement over the question raised.

• 10.(1) Whenever the Speaker of the second House disagrees with the question raised as contemplated under section 8(2)(b),the Speaker shall immediately refer back the question to the Speaker of the originating House for reconsideration noting the specific clauses of the Bill subject to the disagreement and the specific reasons for the disagreement.
• (2) If the Speaker of the second House refers a question back to the Speaker of the originating House Speaker for reconsideration,the Speaker of the originating House may,following the appropriate procedures as set out
• under the respective Standing Orders-
• (a) cause the Bill to be modified taking into account the observations and recommendations of the
• Speaker of the second House; or
• (b) further disagree with the observations and recommendations of the Speaker of the second House on the question.
• (3) If the originating Speaker causes the Bill to be modified accommodate the observations and recommendations of the Speaker of the second House,the question shall be deemed to have been resolved for purposes of Article 110(3) of the Constitution.
• (4) The Speaker of the originating House shall notify the House on the modification of the Bill and the procedure for its consideration as modified.
• (5) Where the Speaker of the originating House further disagrees with the observations and recommendations of the Speaker of the second House on the question, the provisions of section 11 shall apply.
• 11.(1) Where the Speakers are unable to jointly resolve a question arising under Article 1i0 of the Constitution,the Speakers may-
• (a) refer the Bill to its sponsor for further directions;
• (b) jointly appoint any person or body of persons to make such recommendations within seven days on
• the way forward as maybe appropriate.
• (2) Where the Speakers of the Houses of Parliament are unable to reach a joint resolution on a question after

Disagreement over the question raised.

Conciliation in the eventof disagreement.

invoking the provisions of subsection (1), the originating House may proceed with the consideration of the Bill

notwithstanding the disagreement.

12. (1) A money Bill or motion shall be introduced only in the National Assembly in accordance with Article 114 of the Constitution.

• (2) If,in the opinion of the Speaker of the National Assembly,a motion makes provision for a matter listed in the definition of "a money Bill", the Assembly shall, pursuant to Article 114(2)of the Constitutionproceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance.

3. (3) Where the matter under consideration under 4. subsection (2) relates to a Bill or motion originating from the Senate,the relevant committee of the Assembly may recommend that- 5. (a) the Bill or motion be not proceeded with by the Assembly for want of compliance with the procedure set out in Articles 109(5) of the Constitution; 6. (b) the relevant departmental committeeof the Assembly is at liberty to take up the origination of the Bill or motion in question in co-sponsorship with the Senator who sponsored the Bill or motion and the process of consideration of the Bill be deemed to begin afresh in the Assembly pursuant tothe provisionsof Article109(5) of the Constitution. 13. (l) Where a Member in charge of a Bill intends to co-sponsor a Bill with a Member of the other House, the Member shall include in the memorandum of objects of the Bill a statement indicating the name of the Member of the other House who shall be in charge of the Bill upon its passage of the Bill by the originating House.

• (2) The relevant Clerk, shall upon passage of the Bill under paragraph (1), forward a certified copy of the Bill, signed by the Clerk and endorsed by the Speaker,to the

9. Clerk of the other House together with a Message-

Consideration of

money Bills.

Co-sponsorship of Bills.

• (a) requesting the consideration of the Bill by the other House in accordance with the respective Standing Orders;and
• (b) notifying the other House of the name of any Member of the House nominated to co-sponsor the
• Bill.
• (3) This section shall not apply to a Bill which,in terms of Article 109(3) of the Constitution,is considered only in theNational Assembly.

PARTIV-CONDUCT OF JOINT PROCEEDINGS

AND COMMITTEES

• 14.(l) If one House passes an ordinary Bill
• concerning county governments,and the second House-
• (a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113 of the Constitution;or
• (b) if after the originating House has reconsidered a Bill referred back to it under Article 112(1)(b)of the Constitution, that House rejects the Bill as amended,the Bill shall be referred to a mediation committee under Article 113 of the Constitution.
• (2) The Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of Membersof each House,toattempt to develop a version of the Bill that both Houses will pass.
• (3) The quorum of a mediation committee shall be a third of its members from the National Assembly and a third of its membersfrom the Senate.
• (4) The Chairperson and Vice-Chairperson of a mediation committee shall be appointed by the majority of
• the Members of the committee present at its first meeting.
• (5) The Chairperson and the vice-chairperson of a mediation committee shall not be Members of the same
• House.
• (6) unless a decision is reached by consensus,any vote to be taken in a mediation committee shall be by separate
• Houses.

Mediation

committees.

• (7) The report of a mediation committee on a Bill prepared in terms ofArticle 113 of the Constitution shall be laid on the Table of each House by a Member of the mediation committee authorized by the committee in that behalf.

(8) Where the report of a mediation committee

includes an agreed version of the Bill in terms of Article 113(2) of the Constitution, the Houses shall consider the report of the mediation committee and the Houses shall vote to approve orreject the report of the Committee.

(9)Where the report of a mediation committee is to the effect that the committee has failed to agree on a version of the Bill or where the mediation committee fails to agree on a version of the Bill within thirty days from the date the Bill was referred to it, the Bill shall stand defeated in terms of Article 113(4) of the Constitution.

15.(1) The Houses may, by resolution establish

Committees to be designated as joint committees of Parliament stating the mandate and objects of such committee and the number ofmembers to be appointed to the committee.

(2) A joint committee of Parliament shall comprise an equal number of Members of the National Assembly and

Senators.

• (3) The quorum of a joint committee shall be a third of its members from the National Assembly and a third of its members from the Senate.

2. (4) Unless a decision is reached by consensus, any 3. decision by the committee shall be by resolution supported by at least two-thirds or more of all the members of the committee. 4. 16.(1) A committee of one House may hold a joint sitting with the corresponding committee of the other House to deliberate on matters of mutual interest and concern.

• (2) The National Assembly and the Senate shall,upon commencement of this Act prescribe under their respective Standing Orders joint rules for the conduct of the sittings under subsection (l).

Jointcommittees.

Joint sittingsof

committees.

• (3) In the absence of the rules under subsection (2)-

2. (a) the Houses may,on a motion,prescribe rules for the conduct of a proposed joint sitting by 3. committees of the Houses; 4. (b) the Speakers may issue joint guidelines for the conduct of a proposed joint sitting by committees 5. of the Houses. 6. 17.(1) Pursuant to Article 107(2) of the Constitution, 7. at a joint sitting of the Houses of Parliament,the Speaker of the National Assembly shall preside, assisted by the Speaker of the Senate.

• (2) At any Joint Sitting of the Houses, the Standing

9. Orders of the National Assembly shall apply with such modifications and variations as the Speaker of the National 10. (3) The Speakers of the Houses of Parliament shall enforce any directions given during a joint sitting in relation to the conduct of a Member of Parliament in accordance with the applicable provision of the National Assembly Standing Orders. 11. 18.The Speakers of the Houses of Parliament may,in consultation with the Leaders of the Majority Party and the Minority Party,arrange for a joint sitting ofParliament for 12. purposes of an address by a visiting Head of State or dignitary.

PARTV-MISCELLANEOUS

• 19.(1) Each House of Parliament and its committees shall facilitate public participation under Article 118 of the Constitution.
• (2) The public participation under subsection (1) shall
• be conducted through any of the following-
• (a) inviting submission of memoranda;
• (b) holding public hearings;
• (c) consulting relevant stakeholders in a sector; or
• (d) consulting experts on technical subjects.
• (3) A committee of a House of Parliament shall have a broad measure of discretion in conducting public

Joint sittings of Parliament.

Addressof Parliament by visiting dignitaries.

Public participation processes.

participation on a matter referred for its consideration and shall-

• (a) endeavour to avoid duplication of any related exercise conducted on the matter;
• (b) embrace modern means of engagement,including the use of information communication technology;
• (c) give reasonable notice of the exercise and afford
• the public a reasonable opportunity to participate;
• (d) adopt a clear and simple medium of engagement
• with wide reach for the exercise;
• (e) target specific stakeholders,where appropriate;
• (f) ensure reasonable access and participation of persons with disabilities in the exercise;
• (g)maintain a record of the submissions received from the exercise.
• (4) When aBill under Article109(4) of the Constitution has been passed in one House,the Clerk shall endorsed by the Speaker,to the Clerk of the other House
• forward a certified copy of the Bill, signed by the Clerk and together with the public participation report on the Bill.
• (5) A committee of one House may hold a joint public participation exercise with the corresponding committee of
• the other House.
• (6) In considering a Bill or a matter on which a committee of a House of Parliament has conducted public participation,a committee of the second House may-
• (a) elect not to undertake a similar exercise and rely on the findings of the committee of the first House;or
• (b) seek additional views on the Bill or matter-
• (i) with respect to substantive amendments made to a Bill during its consideration;
• (ii)f from persons or stakeholders who did not participate in the exercise conducted in the first House;

• (iii) from persons or stakeholder whose submissions were not taken into account by the first House.
• (7) A committee of Parliament shall consider the views received from public participation broadly.
• (8) An Act of Parliament is not invalid on account of the failure to incorporate any view submitted during public participation.
• 20.(1) Before formally declaring the existence of a
• dispute between the Houses of Parliament, the Houses of Parliament shall,in good faith,make every reasonable through an intermediary.
• (2) Where the negotiations under subsection (l) fail, the Leadership of a House of Parliamentmay formally declare a dispute by referring the matter for resolution by the Speakers of the Houses.
• (3) Within twenty-one days of the formal declaration of a dispute,the Speakers of the Houses of Parliament shall convene a meeting inviting the Leadership of the Houses or their designated representatives-—
• (a) to determine the nature of the dispute, including-
• (i) the precise issues in dispute; and
• any material issues which are not in dispute;
• (ii) and
• (b) to-—
• (i) identify the mechanisms or procedures,other than judicial proceedings,that are available to the parties to assist in settling the dispute; or
• agree on an appropriate mechanism or
• procedure for resolving the dispute,including mediation or arbitration.
• (4) A party in court shall demonstrate that all efforts of amicably resolving a dispute between the Houses of Parliament under this section have failed.

Use of alternative disputeresolution mechanism to resolve disputes.

FIRST SCHEDULE NOTIFICATION OF QUESTION ARISING UNDER ARTICLE 110(3) [s. 6(3)] REPUBLICOF KENYA

PARLIAMENT

WHEREAS the .Bill,20... (National Assembly/Senate Bills No.....of 2o....) was published on the day of 20...

A question as to whether the Bill, 20....

(National Assembly/Senate Bills No.....of 20....) concerns county governments has arisen as follows-

(indicate the detailsrelating to the question)

NOW THEREFORE,this is to request your view on the question.

DATED this day o...........20...

Speaker of theNational Assembly/Senate

SECOND SCHEDULE

CERTIFICATE OF JOINT RESOLUTION [S.9(3)]

REPUBLIC OFKENYA

PARLIAMENT

WHEREAS the. Bill, 20..... (National Assembly/Senate Bills No.......of 20...) was published on the day of 20...

AND having considered the provisions of Article 109(3) of the Constitution NOWTHEREFORE,

Pursuant to Article110(3) of the Constitution,I hereby certify that the Bill,20....(National Assembly/Senate Bills

No....of20..... is

• (a)a Bill concerning county governments ;or a Bill not concerning county governments ;and

• (b) a special Bill within the meaning of Article 110(2) of the Constitution ; or an ordinary Bill within the meaning of Article 110(2) of the Constitution

This. day of. 20.

Speaker of the National Assembly/Senate

Pursuant to Articlel10(3) of the Constitution,I hereby certify that the Bill,20....(National Assembly/Senate Bills No.......of 20 )is-

• (a) a Bill concerning county governments; or a Bill not concerning county governments;and

• (b) a special Bill within the meaning of Article 110(2) of the Constitution ;or an ordinary Bill within the meaning of Article 110(2) of the Constitution

This........ day of........ .20...

Speaker of the National Assembly/Senate

*ThisCertificatedoesnotapplywithregard totheilspecified under section7of theAt

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons of the Bill

The principal object of the Bill is to give effect to Articles 109,110,

113,114 and 118 of the Constitution.The Bill also seeks to foster the bicameral relations by prescribing procedures for ensuring seamless consideration of the legislative business of both Houses.

PARTI-outlines the Preliminary provisions

Clause 1 of the Bill is the short title.

Clause 2 of the Bill provides for the interpretation of terms as used in the

Bill.

Clause 3 of the Bill provides for the objects of the Bill which include to provide a framework for determining the nature of a Bill;define the Bills that do not require a joint resolution by the Speakers under Article 110(3) of the Constitution; define the Bills that are considered only by the National Assembly; define Bills that are Bills not concerning county

governments and define Bills concerning county governments.

PART II-outlines matters relating to publication and the enacting

formula for Bills and Acts of Parliament so as to standardize the practice between the Houses. These matters were previously expressly provided for in the Constitution prior to 2010.

Clause 4 of the Bill provides for the publication of Bills originating from

either House of Parliament,the enacting formula and imposes timelines for such publication to cure scenarios where the Government printer at times delays in the printing of Bill requests.

Clause 5 of the Bill provides for the publication of Acts of Parliament after assent by the President,

PART Ill-contains provisions relating to the joint resolution of a

question under Article 110(3) of the Constitution

Clause 6 of the Bill provides for the manner in which the question arises for purposes of Article 110(3) of the Constitution and the matter in which

one Speaker notifies the other of the question arising.

Clause 7 of the Bill outlines the instances where no question can be deemed to arise under Article 1i0(3) as the Constitution has in itself expressly provided for the mode of enactment of the Bills in question.

Clause 8 of the Bill provides for consideration of a question arising and

the options available to the Speaker upon such consideration.

Clause 9 of the Bill provides for agreement over the question raised in which case a Certificate of joint Resolution is issued.

Clause 10 of the Bill provides for disagreement over the question raised and the options available to the Speaker upon such disagreement.

Clause 11 of the Bill provides for conciliation in the event of disagreement.

Clause 12 of the Bill provides for consideration of money Bills especially where such a finding is arrived at under Article 114(2) in respect of Bills emanating from theSenate.

Clause 13 of the Bill provides for co-sponsorship of Bills.

PART IVprovides for the conduct of jointproceedings and committees.

Clause 14 of the Bill provides for Mediation Committees and includes provisions on the chairing,voting and conduct of such committees

Clause 15 of theBill provided forJointcommittees and theirprocedures.

Clause 16 of the Bill provides for Joint sittings of the Houses and the enforcement of the Standing Orders of the House presiding over such sittings.

Clause 17 of the Bill provides for an Address of Parliament by visiting

dignitaries.

PART V-provides for miscellaneous provisions on matters of mutual interest to the two Houses of Parliament.

Clause 18 of the Bill provides for address of Parliament by visiting dignitaries.

Clause 19 of the Bill provides for public participation processes.

Clause 20 of the Bill provides for use of alternative dispute resolution mechanisms to resolve disputes in keeping with the judicial principles outlined under Article 159(2)(c) of the Constitution.The clause further provides that where a dispute arises between the Houses relating to the discharge of their respective functions, the Houses shall use alternative forms of dispute resolution in seeking to resolve the dispute and shall before seeking redress in court on any dispute relating to the discharge of their respective functions,first exhaust the alternative dispute resolution

mechanisms.

THE FIRST SCHEDULE provides for the notification of question arisingunder Article 110(3) of the Constitution.

THE SECOND SCHEDULE provides for the Certificate of Joint

Resolution.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not delegate legislative powers or limit any fundamental rights and freedoms.

Consideration of the Bill by both Houses

This Bill provides for the seamless processing of matters of a bicameral nature by the Houses of Parliament and a mode of resolving any disputes that may arise between the Houses. The Bill shall be considered by both Houses.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution.

The enactment of this Bill may not occasion additional public expenditure.

Dated the28thJuly,2023

SAMUELCHEPKONGA,

Member of Parliament.