How to deal with inter-chamber deadlock caused by article 113
| dc.contributor.author | Mwongela, Nyamai Abel | |
| dc.date.accessioned | 2017-08-04T14:59:20Z | |
| dc.date.available | 2017-08-04T14:59:20Z | |
| dc.date.issued | 2017-01 | |
| dc.description | Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School | en_US |
| dc.description.abstract | This paper critically examines the inadequacy of Article 113 of the Constitution of Kenya, 2010. Article 113 of the Constitution states that if the National Assembly and Senate do not agree on a certain version of a bill then a mediation committee is appointed by the speakers of both houses to attempt to develop a version of the Bill that both houses will pass. Article 113(4) contemplates that in the event the mediation committee fails to agree on a version of the bill within thirty days or if either house rejects the version proposed by the committee, the Bill is defeated. In the advisory opinion of the Supreme Court in Speaker of the Senate & another v Attorney-General & 4 others former Chief Justice Dr Willy Mutunga noted that the process of dealing with inter chamber deadlock that is prescribed is not suitable for important bills such as the Division of Revenue Bill. This is because such a bill is set to divide money between the national government and the counties. The failure of such a bill will cause a systemic failure that would paralyses the health sector, the education sector, the security machinery and almost all sectors that rely on funds from the national government and the county governments. The objective of this dissertation is to explore the specific solutions to the problem of inter chamber deadlock as there indeed exists a problem. The paper examines a number of countries such as Ireland, Australia, India and the United Kingdom in order to see what we can borrow from them. In chapter three the paper explores the various methods of dealing with inter-chamber deadlock. I analyze which method would work for Kenya in Chapter four, I carried out a comparative study of the United Kingdom which uses the suspense veto system and India which uses the joint session method | en_US |
| dc.identifier.uri | http://hdl.handle.net/11071/5295 | |
| dc.language.iso | en | en_US |
| dc.publisher | Strathmore University | en_US |
| dc.subject | Inter-chamber deadlock | en_US |
| dc.subject | article 113 | en_US |
| dc.subject | Suspensive Veto | en_US |
| dc.subject | Veto | en_US |
| dc.title | How to deal with inter-chamber deadlock caused by article 113 | en_US |
| dc.type | Dissertation | en_US |
Files
Original bundle
1 - 1 of 1
Loading...
- Name:
- How to deal with inter-chamber deadlock caused by article 113.pdf
- Size:
- 12.64 MB
- Format:
- Adobe Portable Document Format
- Description:
- Main article