| 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). |
|
Compare data for parliamentary chambers in the Mandate module
