PART 2

Legislation and Procedure in the National Assembly

46. (1) Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly.

(2) When a Bill has been passed by the National Assembly, it shall be presented to the President for his assent.

(3) The President shall, within twenty-one days after the Bill has been presented to him for assent under subsection (2), signify to the Speaker that he assents to the Bill or refuses to assent to the Bill.

(4) Where the President refuses to assent to the Bill he shall, within fourteen days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which in his opinion should be reconsidered by the National Assembly including his recommendation for amendments.

(5) The National Assembly shall reconsider a Bill referred to it by the President taking into account the comments of the President and shall either-

(a) approve the recommendations proposed by the President with or without amendment and resubmit the Bill to the President for assent; or

(b) refuse to accept the recommendations and approve the Bill in its original form by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of the National Assembly (excluding ex officio members) in which case the President shall assent to the Bill within fourteen days of the passing of the resolution.

(6) A law made by Parliament shall not come into operation until it has been published in the Kenya Gazette, but Parliament may postpone the coming into operation of a law and, subject to section 77, may make laws with retrospective effect.

(7) A law made by Parliament shall be styled an Act of Parliament, and the words of enactment shall be "Enacted by the Parliament of Kenya".