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Petition To Parliament (Procedure) Act

This is an Act that gives effect to Article 37 or 119 of the Constitution on the right to petition Parliament, to make provision for the procedure for the exercise of the right and to enhance pubic participation in the Parliamentary and legislative process.  Article 119 of the Constitution of Kenya, 2010, states that every person has a right to petition to Parliament to consider a matter within its authority including to enact, amend or repeal any legislation.

  • It is the right of every person to petition to Parliament to enact, amend or repeal any legislation. This is provided for in the Constitution of Kenya, 2010, and the Petition to Parliament (Procedure) Act.
  • On the other hand, the Parliament has an obligation to consider the petition once tabled in Parliament for debate as per Section 5 of the Act.

Section 3 of the Act sets out the form of petition as:

  1. Handwritten, typed or printed,
  2. Be in English or Kiswahili,
  3. Be free of alterations,
  4. Be addressed to the National Assembly or Senate,
  5. Have subject matter indicated on every sheet,
  6. Indicate whether any efforts have been made to have the matter addressed, if yes, indicate the outcome,
  7. Indicate whether issues in respect of which petition is made are pending before any court of law,
  8. Conclude with a prayer (definite object of the petitioner),
  9. Names, addresses, identification numbers, signature or thumb print of the petitioner,
  10. Not have any letters, affidavits or other documents annexed to it.

Section 4 of the Act sets out the procedure as:

  1. Petition to the National Assembly or Senate shall be presented to the Clerk of the relevant house. Section 4 (5) states that a petition shall not be rejected merely because it was addressed to the Clerk of the house with no authority to deal with that matter.
  2. Clerk of the relevant house shall within 7 days of date of receipt of the petition, review the petition.
  3. Where the Clerk considers that the petition is not in compliance, may give directions that the petition be amended to comply with Section 3.
  4. Under Section 5, if the Clerk is satisfied, forward the petition to the Speaker of the relevant house for tabling in the house.
  5. The Clerk of the relevant house shall then within 15 days of the decision of the house, notify the petitioner of the decision of the house in writing.

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