Kenyan Constitution: Chapter Eight, Part 4, Article 111 to 113

Procedures for enacting legislation

Article 111: Special Bills concerning county governments

(1) A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3).

(2) The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.

(3) If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to the President for assent.

Article 112: Ordinary Bills concerning county governments

(1) If one House passes an ordinary Bill concerning counties, and the second House —

(a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; or
(b) passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration.

(2) If, after the originating House has reconsidered a Bill referred back to it under clause (1) (b), that House–

(a) passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent; or
(b) rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113.

Article 113: Mediation Committees

(1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

(2) If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill.

(3)If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent.

(4) If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.