Constitution of Kenya (Repealed) - Kenya Law Reports

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40 Constitution of Kenya[Rev. 2009(4) Where the President refuses to assent to a Bill he shall,within fourteen days of the refusal, submit a memorandum to theSpeaker indicating the specific provisions of the Bill which in hisopinion should be reconsidered by the National Assembly includinghis recommendation for amendments.(5) The National Assembly shall reconsider a Bill referred to itby the President taking into account the comments of the Presidentand shall either-(a) approve the recommendations proposed by the Presidentwith or without amendment and resubmit the Bill to thePresident for assent; or(b) refuse to accept the recommendations and approve the Billin its original form by a resolution in that behalf supported byvotes of not less than sixty-five per cent of all the Membersof the National Assembly (excluding ex officio members)in which case the President shall assent to the Bill withinfourteen days of the passing of the resolution.(6) A law made by Parliament shall not come into operation until ithas been published in the Kenya Gazette, but Parliament may postponethe coming into operation of a law and, subject to section 77, may makelaws with retrospective effect.(7) A law made by Parliament shall be styled an Act of Parliament,and the words of enactment shall be “Enacted by the Parliament ofKenya”.Alteration ofConstitution.47. (1) Subject to this section, Parliament may alter thisConstitution.(2) A Bill for an Act of Parliament to alter this Constitution shallnot be passed by the National Assembly unless it has been supportedon the second and third readings by the votes of not less than sixty-fiveper cent of all the members of the Assembly (excluding the ex officiomembers).(3) If, on the taking of a vote for the purposes of subsection (2),the Bill is supported by a majority of the members of the Assemblyvoting but not by the number of votes required by that subsection, andthe Bill is not opposed by thirty-five per cent of all the members of theAssembly or more, then, subject to such limitations and conditions asmay be prescribed by the standing orders of the Assembly, a furthervote may be taken.
Rev. 2009]Constitution of Kenya 41(4) When a Bill for an Act of Parliament to alter this Constitutionhas been introduced into the National Assembly, no alterations shall bemade in it before it is presented to the President for his assent, exceptalterations which are certified by the Speaker to be necessary becauseof the time that has elapsed since the Bill was first introduced into theAssembly.(5) A certificate of the Speaker under subsection (4) shall beconclusive as regards proceedings in the Assembly, and shall not bequestioned in any court.(6) In this section -(a) references to this Constitution are references to thisConstitution as from time to time amended; and(b) references to the alteration of this Constitution are referencesto the amendment, modification or reenactment, with orwithout amendment or modification, of any provision ofthis Constitution, the suspension or repeal of that provisionand the making of a different provision in the place of thatprovision.47A. (1) Subject to this section, this Constitution may bereplaced.(2) Notwithstanding anything to the contrary in thisConstitution-Replacement of theConstitution.10 0f 2008, s. 5.(a) the sovereign right to replace this Constitution with a newConstitution vests collectively in the people of Kenyaand shall be exercisable by the people of Kenya througha referendum, in accordance with this section;(b) when a draft Constitution proposing the replacement ofthis Constitution has been introduced into the NationalAssembly, no alteration shall be made in it unless suchalteration is supported by the votes of not less than sixtyfivepercent of all the members Assembly (excludingex-officio members);(c) the National Assembly shall, within thirty days of theintroduction in the Assembly of a draft Constitutionproposing the replacement of this Constitution, debateall proposed amendments to the draft Constitution, andsubmit to the Attorney-General the draft Constitution andany proposed amendments thereto as may be approved
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