The constitution provides that when a bill has been passed parliament, it shall be presented to the president for assent. However, there are instances when the president declines to assent a bill.

• Under section 46 (4) of the Constitution of Kenya, if the president refuses to assent to a Bill, he must within 14 days thereof submit the speaker of the National Assembly, a memorandum indicating the specific provisions of the Bill which in his
opinion should be reconsidered the National Assembly including his recommendations.

• The National Assembly must reconsider the Bill taking into account the comments of the president and must either:
o Approve the presidents recommendations with or without amendment and resubmit the Bill to the president for assent or
o Refuse to take the presidents recommendation and approve the Bill in its original form. If the resolution approving the Bill in its original form is supported not less than 65% of all members of the National Assembly (excluding the ex-officio members) the president must assent to the Bill within 14 days of passage of the resolution.

• Under section 46 (6) of the Constitution “A law made parliament shall not come into operation until it has been published in the Kenya Gazette.” However, parliament is empowered to postpone the coming into operation of a law and may make laws with retrospective effect.

• A statute comes into operation on the date of publication in the Kenya Gazette or on such other date as the minister concerned may thereafter appoint a notice in the Kenya Gazette.



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