| Kenneth Marende ( M) |
| (vacant) ( ) |
- 210 directly elected
- 12 appointed
- 2 ex officio (Attorney General and the Speaker)
Parliament Buildings
P.O.Box 41842
NAIROBI
Tel.: (254 20) 22 12 91
Fax: (254 20) 24 36 94
E-mail: bunge@swiftkenya.com
Cable: Bunge, Nairobi
Telex: 22696 FOREIGN RB
| http://www.bunge.go.ke |
Vacancies arising between general elections are filled through by-elections.
Voting is not compulsory.
- Kenyan citizenship
- residence in the country for not less than one year immediately preceding the date of elections, or for periods totalling not less than four years during the eight years before the elections
- residence, business, ownership of land or residential buildings in the constituency for at least five of the 12 months preceding the elections
- disqualifications: insanity, undischarged bankruptcy, lawful custody detention, election-connected offence
- age: 21 years
- Kenyan citizenship
- ability to speak and read the Swahili and English languages well enough to take an active part in the proceedings of the National Assembly
- ineligibility: allegiance to a foreign State, sentence of death or imprisonment exceeding six months (except for failure to pay a fine), insanity undischarged bankrupcy
- employment in the public service
- members of the armed forces
- local government authority
- office involving responsibility in connection with the conduct of an election to the National Assembly
- nomination by a political party
- deposit of KSh. 5000
Also available:
Archive of past election results for this chamber
The government had proposed in July 2007 to create 90 new seats (including 50 reserved seats for women) in the National Assembly. However, the bill was declared to have lapsed on 15 August after the National Assembly failed to vote on it. The 2007 elections were thus held for 210 directly-elected seats, as in December 2002.
Prior to the 2002 elections, the then ruling party, the Kenyan African National Union (KANU), had split due to a row over its presidential candidate. A new political force, National Rainbow Coalition (NARC) emerged, and won 125 of the 210 seats in the parliamentary elections, promising constitutional reforms and an end to corruption. The KANU took 64 seats. The other seats went to small parties. In December 2002 Mr. Kibaki (NARC) became the countrys third president and formed a government including different components of his coalition.
Under Mr. Kibakis presidency, the country introduced free primary school education and experienced steady economic growth reaching 6 per cent per year, although income inequality remained a major social problem.
In November 2005, a proposed revision of the constitution was rejected by referendum. Mr. Raila Odinga the Minister for Roads who had led the "no" campaign, was removed from the government along with other members of his Liberal Democratic Party. The dismissed ministers and their allies then formed the Orange Democratic Movement (ODM), named after the oranges that had symbolized the "no" to the draft constitution.
In August 2007, former foreign minister, Mr. Kalonzo Musyoka, broke away from the ODM to form the Orange Democratic Movement-Kenya (ODM-K).
In all, 2,547 candidates from 117 political parties, including 269 women, stood for the parliamentary elections.
On 16 September 2007, President Kibaki announced that he would be the presidential candidate of a coalition called the Party of National Unity (PNU). Some candidates ran under the PNU banner while others ran as candidates of its component parties. Mr. Kibaki reportedly had wide support among the Kikuyu ethnic community (the largest ethnic group in the country, accounting for about 22 per cent of the 34 million inhabitants) as well as in the northern and eastern provinces. The PNU manifesto promised to create more jobs and new factories, and pledged to deal with poverty and insecurity.
The ODM presidential candidate, Mr. Odinga, criticized President Kibaki for not taking sufficient measures to tackle corruption and accused him of manipulating the electoral process. The ODM promised to deal with income inequalities and tackle corruption. It also pledged to draft a new constitution that would give more power to regional government. Mr. Odinga is from the Luo community (comprising about 13 per cent of the population, mainly in western Kenya) but reportedly had support across ethnic groups.
Although the Electoral Commission did not release official figures, turnout was reportedly high among the 14.2 million registered voters.
Observers from the European Union (EU) and the East African Community (EAC) said the presidential elections were flawed, citing among others, the example of one area where voter turnout was recorded at 115 per cent.
In the parliamentary elections, the ODM won 99 seats, becoming the largest party in the newly-elected National Assembly, and its ally, the NARC, took three. The PNU and its allies had 78 seats in all (see note). A total of 80 members (38 per cent) of the outgoing legislature were re-elected. Subsequently, President Kibaki increased the pro-presidential presence in parliament (see note) to 92 out of the 207 seats endorsed by the Electoral Commission to date, by making an agreement with the breakaway ODM-K.
On 30 December, the Electoral Commission announced that Mr. Kibaki had been re-elected as President with 4,584,721 votes, while Mr. Odinga took 4,352,993. Mr. Kibaki was immediately sworn in and called for national reconciliation.
Mr. Odinga said the presidential elections had been rigged and demanded that fresh elections be held. Opposition supporters led street protests and violence rapidly spread across the country. More than 1,000 people were killed in post-election violence. On 13 January 2008, the police announced that the death toll due to post-election violence had reached 693. The United Nations estimated that some 250,000 people had fled their homes.
Initial efforts by the United States and the African Union to resolve the crisis failed to bear fruit. On 25 January 2008, under the mediation of former UN Secretary-General, Mr. Kofi Annan, President Kibaki and Mr. Odinga met for the first time since the elections. On 28 February, they finally signed a peace deal whereby Mr. Odinga would assume the post of Prime Minister (which then, was not provided for in the Constitution), once the deal was approved by parliament.
At the first session of the newly-elected National Assembly on 15 January, Mr. Kenneth Marende, backed by the ODM, was elected as the new Speaker in the third round of voting, ahead of the government-backed outgoing Speaker, Mr. Francis ole Kaparo.
Note:
The PNU-led Coalition at the first session of the new legislature included the following parties.
Party of National Unity (PNU): 43 seats
Orange Democratic Movement-Kenya (ODM-K): 16 seats
Kenyan African National Union (KANU): 14 seats
SAFINA: 5 seats
National Rainbow Coalition-Kenya (NARC-K): 4 seats
Forum for the Restoration of Democracy-People (FORD-P): 3 seats
SISI KWA SISI Party of Kenya (SKSPK): 2 seats
Democratic Party (DP): 2 seats
Forum for the Restoration of Democracy-ASILI (FORD-A): 1 seat
MAZINGIRA Green Party of Kenya (MGPK): 1 seat
Forum for the Restoration of Democracy-Kenya (FORD-K): 1 seat
| Round no 1 (27 December 2007): Election results | ||||
| Number of registered electors | 14'296'180 | |||
| Voters | ||||
| Blank or invalid ballot papers | ||||
| Valid votes | ||||
| Round no 1: Distribution of votes | ||||||||||||||||||||||||
| Political Group | Candidates | Votes | % of votes | |||||||||||||||||||||
| Orange Democratic Movement Party of Kenya (ODM) | ||||||||||||||||||||||||
| Party of National Unity (PNU) | ||||||||||||||||||||||||
| Orange Democratic Movement-Kenya (ODM-K) | ||||||||||||||||||||||||
| Kenyan African National Union (KANU) | ||||||||||||||||||||||||
| SAFINA | ||||||||||||||||||||||||
| National Rainbow Coalition-Kenya (NARC-K) | ||||||||||||||||||||||||
| National Rainbow Coalition (NARC) | ||||||||||||||||||||||||
| Forum for the Restoration of Democracy-People (FORD-P) | ||||||||||||||||||||||||
| SISI KWA SISI Party of Kenya (SKSPK) | ||||||||||||||||||||||||
| Democratic Party (DP) | ||||||||||||||||||||||||
| Party of Independent Candidates of Kenya (PICK) | ||||||||||||||||||||||||
| CHAMA CHA UMA (CCU) | ||||||||||||||||||||||||
| New Forum for the Restoration of Democracy-Kenya (NFK) | ||||||||||||||||||||||||
| Peoples Party of Kenya (PPK) | ||||||||||||||||||||||||
| Kenya African Democratic Development Union (KADDU) | ||||||||||||||||||||||||
| United Democratic Party of Kenya (UDM) | ||||||||||||||||||||||||
| National Labour Party (NLP) | ||||||||||||||||||||||||
| Kenya African Democratic Union ASILI (KADU-ASILI) | ||||||||||||||||||||||||
| KENDA | ||||||||||||||||||||||||
| Forum for the Restoration of Democracy-ASILI (FORD-A) | ||||||||||||||||||||||||
| MAZINGIRA Greens Party of Kenya (MGPK) | ||||||||||||||||||||||||
| Forum for the Restoration of Democracy-Kenya (FORD-K) | ||||||||||||||||||||||||
| Peoples Democratic Party (PDP) | ||||||||||||||||||||||||
| Round no 1: Distribution of seats | ||||||||||||||||||||||||||||||
| Political Group | Total of seats | |||||||||||||||||||||||||||||
| Orange Democratic Movement Party of Kenya (ODM) | 99 | |||||||||||||||||||||||||||||
| Party of National Unity (PNU) | 43 | |||||||||||||||||||||||||||||
| Orange Democratic Movement-Kenya (ODM-K) | 16 | |||||||||||||||||||||||||||||
| Kenyan African National Union (KANU) | 14 | |||||||||||||||||||||||||||||
| SAFINA | 5 | |||||||||||||||||||||||||||||
| National Rainbow Coalition-Kenya (NARC-K) | 4 | |||||||||||||||||||||||||||||
| National Rainbow Coalition (NARC) | 3 | |||||||||||||||||||||||||||||
| Forum for the Restoration of Democracy-People (FORD-P) | 3 | |||||||||||||||||||||||||||||
| SISI KWA SISI Party of Kenya (SKSPK) | 2 | |||||||||||||||||||||||||||||
| Democratic Party (DP) | 2 | |||||||||||||||||||||||||||||
| Party of Independent Candidates of Kenya (PICK) | 2 | |||||||||||||||||||||||||||||
| CHAMA CHA UMA (CCU) | 2 | |||||||||||||||||||||||||||||
| New Forum for the Restoration of Democracy-Kenya (NFK) | 2 | |||||||||||||||||||||||||||||
| Peoples Party of Kenya (PPK) | 1 | |||||||||||||||||||||||||||||
| Kenya African Democratic Development Union (KADDU) | 1 | |||||||||||||||||||||||||||||
| United Democratic Party of Kenya (UDM) | 1 | |||||||||||||||||||||||||||||
| National Labour Party (NLP) | 1 | |||||||||||||||||||||||||||||
| Kenya African Democratic Union ASILI (KADU-ASILI) | 1 | |||||||||||||||||||||||||||||
| KENDA | 1 | |||||||||||||||||||||||||||||
| Forum for the Restoration of Democracy-ASILI (FORD-A) | 1 | |||||||||||||||||||||||||||||
| MAZINGIRA Greens Party of Kenya (MGPK) | 1 | |||||||||||||||||||||||||||||
| Forum for the Restoration of Democracy-Kenya (FORD-K) | 1 | |||||||||||||||||||||||||||||
| Peoples Democratic Party (PDP) | 1 | |||||||||||||||||||||||||||||
Note on the distribution of seats according to political group:
As at 11 January, there were three vacant seats.
- reasons for interruption of the term: death, resignation, no confidence motion by the House if carried by 75% of the Members
- election is held when the National Assembly first meets after general elections or when a vacancy for the office of Speaker arises
- after Members' mandates are validated and before Members are sworn in
- the deadline for notification of candidature is at least 48 hours before the time set for election
- several rounds are held if no candidate obtains the required majority ( 2/3 of Members in the first 2 rounds and simple majority in the third round)
- no new candidates are admitted between rounds. Only the two candidates with the highest number of votes proceed to contest in the third round
- the Clerk supervises the voting
- the Clerk announces the results immediately after the election
- the results cannot be challenged
- represents the National Assembly with the public authorities and in international bodies
- is ex officio President of committees
- in the absence of the Speaker, the Deputy Speaker or a Member of the Chairmen's Panel can assume his/her role and functions
- the Speaker nominates three Members of Parliament (drawn from the Members who are not Ministers) in every session to form this Panel, with the approval of the House
- meets on the Speaker's initiative without regular schedule
- presides over the House and performs the duties of the Speaker in the absence of the Speaker and the Deputy Speaker
- sitting allowance (K£ 1,800/year)
- House allowance (K£ 30,000/year if no accommodation is provided)
- ex officio Member allowance (K£ 3,120/year)
- transport allowance as approved by the Treasury
- responsibility allowance of K£ 9,720/year
- office with secretarial staff
- establishes and modifies the agenda
- organises the debates and sets speaking time together with the House
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of request for setting up committees and/or committees of enquiry, proposes or decides on the setting up of such committees
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum upon request by a Member
- authenticates the adopted texts and the records of debates
- interprets the rules or other regulations governing the life of the Assembly
- has discretionary power to give the floor outside the agenda and thus organises impromptu debates
- organises the services of Parliament through the Speaker's Committee which he/she chairs.
- is responsible for relations with foreign Parliaments
- takes part in voting if there is a tie on any vote requiring a special majority
- proposes bills or amendments
- intervenes in the parliamentary oversight procedure
· Procedure (Art. 44 (1), (2), and (4) of the Constitution, S. 19 to 31 of the National Assembly and Presidential Elections Act, National Assembly Elections (Election Petition) Rules)
· Procedure (Art. 121 of the Constitution)
· Authority competent to accept the resignation: the Speaker
(b) Loss of mandate for not attending sittings of Parliament (Art. 39 (1) (d) of the Constitution)
(c) Election as Speaker (Art. 39 (2) of the Constitution)
(d) Resignation from his party (Art. 40 of the Constitution)
(e) General procedure (Art. 44 (1), (3), and (4) of the Constitution, S. 18 to 31 of the National Assembly and Presidential Elections Act, National Assembly Elections (Election Petition) Rules)
1. The Speaker
2. The Deputy Speaker
3. The party leaders
4. The whips
5. The Chairmen of Committees
6. The other MPs
· Basic salary: KES 10,000 per month
+ Responsibility Allowance: KES 7,500 per month
+ Constituency Allowance: KES 5,200 per month
+ Sitting Allowance: KES 3,000 per month
· Exemption from tax for the allowances. The salary is not tax exempt.
· Pension scheme (Parliamentary Pensions Act)
· Other facilities:
(a) Secretariat (Art. 45 of the Constitution)
(b) Official housing
(c) Postal and telephone services
(d) Travel and transport
(e) Offical car
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 73 (3) and (4), and 88 to 92 of the Standing Orders of the National Assembly, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
· It applies only to civil proceedings, covers only civil debts with the exception of debts the contraction of which constitutes a criminal offence and protects MPs only from arrest.
· No derogations are foreseen.
· Protection is provided only whilst going to, attending at or returning from a sitting of the Assembly or any committee. It does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment
· It is provided by the parliamentary department.
· Penalties foreseen in case of failure to attend (Art. 39 (1) (d) of the Constitution): loss of mandate
· Body competent to judge such cases/to impose penalties (Art. 44 (1), (3), and (4) of the Constitution, S. 18 to 31 of the National Assembly and Presidential Elections Act, National Assembly Elections (Election Petition) Rules): the Speaker, the High Court
· Disciplinary measures foreseen:
- Warning for irrelevance, direction to discontinue the speech (SO 87 of the Standing Orders of the National Assembly)
- Order to withdraw during the remainder of that day's sitting (SO 88 (1) and (2), 91, and 92 of the Standing Orders of the National Assembly)
- Naming (SO 88 (1) and (3) of the Standing Orders of the National Assembly)
- Suspension (SO 89 to 92 of the Standing Orders of the National Assembly, S. 11 of The National Assembly (Powers and Privileges) Act)
- Resuming of the Chair of a Committee by the Speaker (SO 93 (1) of the Standing Orders of the National Assembly)
- Adjournment of the House, suspension of the sitting (SO 93 (2) of the Standing Orders of the National Assembly)
· Specific cases:
- Offence or insult (SO 73 (3) and (4), and 88 to 92 of the Standing Orders of the National Assembly): order to withdraw during the remainder of that day's sitting, naming, suspension
- Violation of the rules of conduct of Members of the Assembly whilst within the precincts of the Assembly other than the Chamber (S. 9 of The National Assembly (Powers and Privileges) Act, National Assembly Speaker's Rules (Regulations for Conduct of Members of the National Assembly)): disciplinary action, including suspension
· Competent body to judge such cases/to impose penalties (SO 82 of the Standing Orders of the National Assembly):
- Warning for irrelevance, direction to discontinue the speech, order to withdraw during the remainder of that day's sitting, naming, resuming of the Chair of a Committee by the Speaker, adjournment of the House, suspension of the sitting, offence or insult: the Speaker
- Suspension, offence or insult: the National Assembly
- Violation of the rules of conduct of Members of the Assembly whilst within the precincts of the Assembly other than the Chamber: the National Assembly, on recommendation of the Committee of Privileges
· Procedure:
- Warning for irrelevance, direction to discontinue the speech (SO 87 of the Standing Orders of the National Assembly)
- Order to withdraw during the remainder of that day's sitting, offence or insult (SO 88 (1) and (2), 91, and 92 of the Standing Orders of the National Assembly)
- Naming, offence or insult (SO 88 (1) and (3) of the Standing Orders of the National Assembly)
- Suspension, offence or insult (SO 89 to 92 of the Standing Orders of the National Assembly, S. 11 of The National Assembly (Powers and Privileges) Act)
- Resuming of the Chair of a Committee by the Speaker (SO 93 (1) of the Standing Orders of the National Assembly)
- Adjournment of the House, suspension of the sitting (SO 93 (2) of the Standing Orders of the National Assembly)
- Violation of the rules of conduct of Members of the Assembly whilst within the precincts of the Assembly other than the Chamber (S. 10 of The National Assembly (Powers and Privileges) Act)
· Penalties foreseen for violation of the rules of conduct:
- Imprisonment for a term not exceeding two years and/or fine not exceeding KES 10,000, forfeiture of the bribe (S. 24 of The National Assembly (Powers and Privileges) Act; prohibition to accept bribes)
- Loss of mandate (Art. 39 (1) (c) in connection with Art. 35 (1) (f), (3), (5), and (6) of the Constitution; incompatibilities)· Competent body to judge such cases/to impose penalties: - Imprisonment for a term not exceeding two years and/or fine not exceeding KES 10,000, forfeiture of the bribe: - Loss of mandate: the Speaker, the High Court
· Procedure:
- Imprisonment for a term not exceeding two years and/or fine not exceeding KES 10,000, forfeiture of the bribe (S. 24 of The National Assembly (Powers and Privileges) Act)
- Loss of mandate (Art. 44 (1), (3), and (4) of the Constitution, S. 18 to 31 of the National Assembly and Presidential Elections Act, National Assembly Elections (Election Petition) Rules) .
Also available:
Archive of past election results for this chamber
General Information | Electoral System
Last Elections | Presidency of the Parliament | Parliamentary Mandate
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