Article 109. Exercise of legislative powers
Official Constitutional Text
109. (1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.
(2) Any Bill may originate in the National Assembly.
(3) A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly.
(4) A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses.
(5) A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 109 of the Kenyan Constitution details how laws are proposed, debated, and passed by the legislature. It establishes that Parliament exercises its lawmaking authority through bills that must be approved by the houses and officially signed (assented to) by the President to become law. While any piece of legislation can start its journey in the National Assembly, bills that do not affect county governments are debated and passed exclusively by the National Assembly. Conversely, any bill that impacts county governments can originate in either the National Assembly or the Senate and must navigate a shared approval process by both houses. Finally, the article allows any individual lawmaker or parliamentary committee to introduce a new bill, but places a strict restriction on "money bills"—such as tax or budget laws—mandating that they can only be introduced in the National Assembly.