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Parliament name Parliament of Kenya More photos  >>> 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, re-elected on 31 August 2017. Secretary General Michael Rotich Sialai (M)  Notes 22 March 2017 - COMPOSITION Members (statutory / current number) 350 / 349 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 76 (21.78%) 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 8 August 2017 (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 Website http://www.parliament.go.ke/

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.

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) 8 August 2017 Timing and scope of renewal President Uhuru Kenyatta's Jubilee Party and its allies (see note 1) secured the majority in both the 350-member National Assembly and the 68-member Senate. The National Super Alliance (Nasa, see note 2), led by former Prime Minister Raila Odinga, came second. During the election campaign, the Jubilee Party ran on the government record, citing major infrastructure projects and economic growth. Mr. Odinga criticized corruption in state institutions. Both leaders were candidates in the presidential elections, held in parallel with the parliamentary polls. On 11 August, the Independent Electoral and Boundaries Commission (IEBC) declared Mr. Kenyatta's re-election as President, which sparked two days of protests. Mr. Odinga rejected the election results, and on 1 September, the Supreme Court invalidated the presidential election following a petition by Mr. Odinga. Fresh elections, initially scheduled for 17 October, were postponed to 26 October. On 10 October, Mr. Odinga withdrew from the race, citing the lack of reform to the election process. On 26 October, President Kenyatta won the repeat presidential elections. Note 1: The Jubilee Party was formed by 11 parties in September 2016. They included the National Alliance and the United Republican Party (which had formed the Jubilee Coalition for the 2013 elections) as well as other parties which supported Mr. Kenyatta’s candidacy in 2017: the Kenya African National Union (KANU), the Economic Freedom Party (EFP), Maendeleo Chap Chap Party (MCCP), the Party of National Unity (PNU) and the Democratic Party (DP). Together they took over 190 seats in the National Assembly and at least 37 seats in the Senate. Note 2: The Nasa was formed in January 2017 by five opposition parties: Mr. Odinga's Orange Democratic Movement (ODM), the Amani National Congress (ANC), Chama cha Mashinani, Wiper Democratic Movement-Kenya (WDM-K) and the Forum for the Restoration of Democracy-Kenya (FORD-KENYA). The Nasa took at least 127 seats in the National Assembly and 24 seats in the Senate. Date of previous elections: 4 March 2013 Date of dissolution of the outgoing legislature: 7 August 2017 Timing of election: Upon normal expiry Expected date of next elections: 9 August 2022 *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: 350 (full renewal) Number of candidates: 1,893 candidates for 290 members elected from constituencies; 299 women for 47 women representatives elected from counties Percentage of women candidates: Not available. Number of parties contesting the election: Not available. Number of parties winning seats: 20 Alternation of power: No Number of parties in government: N/A Names of parties in government: The President nominates to the Cabinet qualified Kenyans who are not parliamentarians. Political party affiliation is not one of the qualifications for such a nomination. Date of the first session of the new parliament: 31 August 2017 Name of the new Speaker: Mr. Justin Muturi (Jubilee Party) STATISTICS Voter turnout Round no 1 8 August 2017 Number of registered electors Voters Blank or invalid ballot papers Valid votes 19'611'423 Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Jubilee Party (JP) Orange Democratic Movement (ODM) Wiper Democratic Movement-Kenya (WDM-K) Amani National Congress (ANC) Independents Forum for the Restoration of Democracy (FORD-KENYA) Kenya African National Union (KANU) Economic Freedom Party (EFP) Maendeleo Chap Chap Party (MCCP) Party for Development and Reform (PDR) Chama cha Mashinani (CCM) Kenya National Congress (KNC) Kenya Peoples' Party (KPP) People's Democratic Party (PDP) Chama Cha Uzalendo (CCU) MUUNGANO New Democrats (ND) Party of National Unity (PNU) Democratic Party (DP) Frontier Alliance Party (FAP) National Agenda Party of Kenya (NAPK) Distribution of seats Round no 1 Political Group Total of seats Constituency County Women Nominated Jubilee Party (JP) 171 140 25 6 Orange Democratic Movement (ODM) 76 62 11 3 Wiper Democratic Movement-Kenya (WDM-K) 23 19 3 1 Amani National Congress (ANC) 14 12 1 1 Independents 14 13 1 0 Forum for the Restoration of Democracy (FORD-KENYA) 12 10 1 1 Kenya African National Union (KANU) 10 8 2 0 Economic Freedom Party (EFP) 5 4 1 0 Maendeleo Chap Chap Party (MCCP) 4 3 1 0 Party for Development and Reform (PDR) 4 3 1 0 Chama cha Mashinani (CCM) 2 2 0 0 Kenya National Congress (KNC) 2 2 0 0 Kenya Peoples' Party (KPP) 2 2 0 0 People's Democratic Party (PDP) 2 2 0 0 Chama Cha Uzalendo (CCU) 1 1 0 0 MUUNGANO 1 1 0 0 New Democrats (ND) 1 1 0 0 Party of National Unity (PNU) 1 1 0 0 Democratic Party (DP) 1 1 0 0 Frontier Alliance Party (FAP) 1 1 0 0 National Agenda Party of Kenya (NAPK) 1 1 0 0 Distribution of seats according to sex Men Women Percent of women 273 76 21.78% Distribution of seats according to age Distribution of seats according to profession Comments There is one vacancy seat. The Distribution of seats according to sex above include the Speaker (ex officio member). Sources: National Assembly (28.08.2017, 26.09.2017, 03.07.2018) THE KENYA GAZETTE: - Vol. CXIX-No. 118 NAIROBI, 18th August, 2017 - Vol. CXIX-No. 121 NAIROBI, 22nd August, 2017 https://www.iebc.or.ke/ http://www.ifes.org/sites/default/files/2017_ifes_kenya_general_elections_faqs_update_7.31.17.pdf The Associated Press http://www.nation.co.ke https://africacheck.org/factsheets/factsheet-kenyas-new-parliament-numbers/ http://www.aljazeera.com

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

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 16 August 2018
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