Kenyan Constitution: Chapter Eight, Part 5, Article 117 to 122

Parliament’s general procedures and rules

Article 117: Powers, privileges and immunities

(1) There shall be freedom of speech and debate in Parliament.

(2) Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of Parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members.

Article 118: Public access and participation

(1) Parliament shall–

(a) conduct its business in an open manner, and its sittings and those of its committees shall be in public; and
(b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees.

(2) Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion.

Article 119: Right to petition parliament

(1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.

(2) Parliament shall make provision for the procedure for the exercise of this right.

Article 120: Official languages of parliament

(1) The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language.

(2) In case of a conflict between different language versions of an Act of Parliament, the version signed by the President shall prevail.

Article 121: Quorum

The quorum of Parliament shall be–

(a) fifty members, in the case of the National Assembly; or

(b) fifteen members, in the case of the Senate.

 Article 122: Voting in parliament

(1) Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and voting.
(2) On a question proposed for decision in either House–

(a) the Speaker has no vote; and
(b) in the case of a tie, the question is lost.

(3) A member shall not vote on any question in which the member has a pecuniary interest.
(4) In reckoning the number of members of a House of Parliament for any purpose of voting in that House, the Speaker of that House shall not be counted as a member.