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KENYA
National Assembly

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name Parliament of Kenya
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Structure of parliament Bicameral
Chamber name National Assembly
Related chamber (for bicameral parliaments) Senate
Affiliation to the IPU Yes
Affiliation date(s) 1977 -
LEADERSHIP
President Justin Muturi (M) 
Notes Elected on 28 March 2013.
Secretary General Justin N. Bundi (M) 
COMPOSITION
Members (statutory / current number) 350 / 350
PERCENTAGE OF WOMEN


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Women (current number) 67 (19.14%)
Mode of designation directly elected 337
other 13
Notes Other:
- 12 members nominated by political parties represented in parliament according to their proportion of members of the National Assembly to represent special interests, including youth, persons with
disabilities and workers
- the Speaker (ex officio member)
Term 5 years
Notes Note: A general election for members of parliament shall be held on the second Tuesday in August in every fifth year.
Last renewal dates 4 March 2013
(View details)
CONTACT INFORMATION
Address National Assembly
Parliament Buildings
P.O.Box 41842
NAIROBI
(Export mailing lists)
Phone (254 20) 284 80 00
222 12 91
226 071
284 80 01
221 291 (ext: 32001)
Fax (254 20) 224 36 94
E-mail clerk@parliament.go.ke
bunge@swiftkenya.com
Website
http://www.parliament.go.ke/

ELECTORAL SYSTEM

Parliament name Parliament of Kenya
Structure of parliament Bicameral
Chamber name National Assembly
Related chamber (for bicameral parliaments) Senate
LEGAL FRAMEWORK
Electoral law 21 August 1969
Last amendment: 2 December 2011
Mode of designation directly elected 337
other 13
Constituencies 290 single-member constituencies.
Voting system Majority: First-past-the post.
- 290 members are elected from constituencies.
- 47 women representatives are elected from counties (one per county).

Vacancies arising between general elections are filled through by-elections within ninety days of the occurrence of the vacancy.
Voting is not compulsory.
Voter requirements - age: 18 years
- Kenyan citizenship
- Registered voters
- residence in the country

Disqualifications:
- Persons declared to be of unsound mind; and
- Persons who have been convicted of an election offence during the preceding five years.
CANDIDATES
Eligibility - qualified voters
- age: 18 years
- Kenyan citizenship
- persons registered as voters
- persons who have a post-secondary school qualification
- persons who satisfy moral and ethical requirements prescribed by the Constitution or by an Act of Parliament

Ineligibilities:
- State officers or other public officers
- Members of Independent Electoral and Boundaries Commissions (unless they resigned five years prior to the elections)
- Persons who have not been a citizen of Kenya for at least the ten years
immediately preceding the date of election
- members of a county assembly
- persons of unsound mind
- undischarged bankruptcy
- persons subject to a prison sentence of at least six months, as at the date of registration as a candidate, or at the date of election;
- persons who have been found in accordance with any law to have misused or abused a State office or public office
Incompatibilities - government contractors
- State officer or other public officer
- members of the Senate
- members of a county assembly
Candidacy requirements - A non-refundable nomination fee of 10,000 shillings for a youth, woman or disabled candidate and 20,000 shillings for any other candidate.

LAST ELECTIONS

Parliament name Parliament of Kenya
Structure of parliament Bicameral
Chamber name National Assembly
Related chamber (for bicameral parliaments) Senate
BACKGROUND
Dates of election / renewal (from/to) 4 March 2013
Timing and scope of renewal March 2013 saw elections for the first bicameral parliament in Kenya since 1966, when the then House of Representatives and the Senate were merged into a National Assembly. The 2010 Constitution provided for an enlarged 350-member National Assembly (up from 224) and a 68-member Senate.

No party won an outright majority in either chamber in the 2013 elections, which were held in parallel with the presidential polls. The Jubilee Coalition, supporting the joint presidential elections ticket of Deputy Prime Minister Uhuru Kenyatta and William Ruto, won 161 seats in the National Assembly and 27 in the Senate. In addition, it took six nominated seats in the National Assembly and three in the Senate. The Coalition for Reforms and Democracy (CORD), supporting Prime Minister Raila Odinga's bid for the presidency, took 128 and 24 seats respectively. It also took four nominated seats in the National Assembly and two in the Senate.

Mr. Kenyatta - son of Kenya's first President Jomo Kenyatta - won the presidential elections. His manifesto included the abolition of maternity fees in all public hospitals. His closest rival, Mr. Odinga, pledged to fully implement the 2010 Constitution and to create more jobs. He claimed voting irregularities, an allegation the Election Commission dismissed. The Supreme Court subsequently upheld the presidential election results. Mr. Kenyatta was sworn in on 9 April, promising to work towards "a permanent peace, through which democracy is glorified rather than undermined".
Date of previous elections: 27 December 2007

Date of dissolution of the outgoing legislature: 14 January 2013

Timing of election: Upon normal expiry

Expected date of next elections: 14 August 2018*

*A general election for members of parliament shall be held on the second Tuesday in August in every fifth year.

Number of seats at stake: 337 (full renewal)

Number of candidates: 2,392 (1,937 men, 455 women*)
*152 women out of 2,089 candidates who ran for the 290 constituency seats and 303 women who ran for the 47 women representative seats.

Percentage of women candidates: 19.0%

Number of parties contesting the election: 97

Number of parties winning seats: 20

Alternation of power: Yes

Number of parties in government: 2

Names of parties in government: The National Alliance and the United Republican Party.

Date of the first session of the new parliament: 28 March 2013

Name of the new Speaker: Mr. Justin Muturi
STATISTICS
Voter turnout
Round no 14 March 2013
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes



Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Orange Democratic Movement
The National Alliance
United Republican Party
Wiper Democratic Movement-Kenya
United Democratic Forum Party
Forum For Restoration of Democracy-Kenya
New Ford Kenya
Kenya African National Union
Alliance Party of Kenya
Independents
Federal Party of Kenya
Ford-People
National Rainbow Coalition
Chama Cha Uzalendo
Kenya National Congress
Kenya African Democratic Union ASILI (KADU-ASILI)
Kilonzo Muungano Party
Maendeleo Democratic Party
Narc-Kenya
People's Democratic Party
The Independent Party
Distribution of seats
Round no 1
Political Group Total of seats Constituency seats County seats Nominated members
Orange Democratic Movement 96 78 15 3
The National Alliance 89 72 14 3
United Republican Party 75 62 10 3
Wiper Democratic Movement-Kenya 26 19 6 1
United Democratic Forum Party 12 11 0 1
Forum For Restoration of Democracy-Kenya 10 10 0 0
New Ford Kenya 7 4 2 1
Kenya African National Union 6 6 0 0
Alliance Party of Kenya 5 5 0 0
Independents 4 4 0 0
Federal Party of Kenya 3 3 0 0
Ford-People 3 3 0 0
National Rainbow Coalition 3 3 0 0
Chama Cha Uzalendo 2 2 0 0
Kenya National Congress 2 2 0 0
Kenya African Democratic Union ASILI (KADU-ASILI) 1 1 0 0
Kilonzo Muungano Party 1 1 0 0
Maendeleo Democratic Party 1 1 0 0
Narc-Kenya 1 1 0 0
People's Democratic Party 1 1 0 0
The Independent Party 1 1 0 0
Distribution of seats according to sex
Men

Women

Percent of women
285

65

18.57%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
Parliament (11.04.2013, 01.01.2014)
The Kenya Gazette, Vol. CXV-No. 45, 13 March 2013
The Kenya Gazette, Vol. CXV-No. 50, 20 March 2013
http://www.iebc.or.ke/index.php/media-center/press-releases/item/nominated-candidates-for-the-4th-march-2013?category_id=7

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name Parliament of Kenya
Structure of parliament Bicameral
Chamber name National Assembly
Related chamber (for bicameral parliaments) Senate
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the National Assembly
Term - duration: 5 years, renewable (term of House); re-elected for a second five-year term on 3 February 1998
- reasons for interruption of the term: death, resignation, no confidence motion by the House if carried by 75% of the Members
Appointment - elected by all the Members except the ex officio 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
Eligibility - a sitting Member of Parliament or any other person qualified to become a Member may be candidate
- the deadline for notification of candidature is at least 48 hours before the time set for election
Voting system - formal vote by secret ballot
- 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
Procedures / results - the Clerk presides over the Assembly during the voting
- the Clerk supervises the voting
- the Clerk announces the results immediately after the election
- the results cannot be challenged
STATUS
Status - the rank of Speaker is the same as that of Minister
- 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
Board - the Chairmen's Panel is regulated by the Standing Orders
- 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
Material facilities - salary of K£ 6,000 /year
- 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
FUNCTIONS
Organization of parliamentary business - convenes sessions (when Parliament is not prorogued)
- 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
Chairing of public sittings - opens, adjourns and closes sittings
- 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
Special powers - makes consultations and recommendations in liaison with the Government for the appointment of the Clerk
- organises the services of Parliament through the Speaker's Committee which he/she chairs.
- is responsible for relations with foreign Parliaments
Speaking and voting rights, other functions - provides guidelines for the interpretation or completion of the text under discussion
- 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

PARLIAMENTARY MANDATE

Parliament name Parliament of Kenya
Structure of parliament Bicameral
Chamber name National Assembly
Related chamber (for bicameral parliaments) Senate
NATURE
Nature of the mandate · Free representation
Start of the mandate
Validation of mandates · Validation by the High Court only in case of challenge by election petitions (Art. 44 (1) of the Constitution of 1969, as amended up to and including 1997)
· 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)
End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (for early dissolution, see Art. 59 (2) to (5) of the Constitution)
Can MPs resign? Yes · Yes, of their own free will (Art. 121 (1) of the Constitution)
· Procedure (Art. 121 of the Constitution)
· Authority competent to accept the resignation: the Speaker
Can MPs lose their mandate ? Yes (a) Loss of mandate for disqualification (Art. 39 (1) (a) and (c), and (3) in connection with Art. 35 of the Constitution)
(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)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Speaker
2. The Deputy Speaker
3. The party leaders
4. The whips
5. The Chairmen of Committees
6. The other MPs
Indemnities, facilities and services · Diplomatic passport
· 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
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 57 of the Constitution, S. 4 of The National Assembly (Powers and Privileges) Act).
· 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.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 57 of the Constitution, S. 5 of The National Assembly (Powers and Privileges) Act). See also S. 6 of The National Assembly (Powers and Privileges) Act (no service of civil process within the precincts of the Assembly).
· 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
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parliamentary department.
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings.
· 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
Discipline · The rules governing discipline within Parliament are contained in SO 73 (3), (4), 82, and 87 to 93 of the Standing Orders of the National Assembly, S. 9 to 11 of The National Assembly (Powers and Privileges) Act, National Assembly Speaker's Rules (Regulations for Conduct of Members of the National Assembly).
· 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)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant legal provisions (Art. 39 (1) (c) in connection with Art. 35 (1) (f), (3), (5), and (6) of the Constitution, S. 24 of The National Assembly (Powers and Privileges) Act). For rules of conduct within the precincts of the Assembly, see Violation of the rules of conduct of Members of the Assembly whilst within the precincts of the Assembly other than the Chamber.
· 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) .
Relations between MPs and pressure group · There is one legal provisions in this field (S. 24 of The National Assembly (Powers and Privileges) Act; prohibition to accept bribes).

This page was last updated on 31 January 2014
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