Establishment and role of Parliament
Chapter eight of the Constitution of Kenya (the Constitution) establishes the Legislature. Article 93 of the Constitution states that “There is established a Parliament of Kenya,” (Parliament) “which shall consist of the National Assembly and the Senate.” The two Houses of Parliament shall perform their respective functions in accordance with the Constitution as stated in Article 93 (2) of the Constitution.
Role of Parliament
Article 94 of the Constitution states the following as the roles of Parliament:
- The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.
- Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.
- Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.
- Parliament shall protect this Constitution and promote the democratic governance of the Republic.
- No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.
- An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.