Article 115. Presidential assent and referral
Official Constitutional Text
115. (1) Within fourteen days after receipt of a Bill, the President shall— \
(a) assent to the Bill; or
(b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.
(2) If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part —
(a) amend the Bill in light of the President’s reservations; or
(b) pass the Bill a second time without amendment.
(3) If Parliament amendeds the Bill fully accommodating the President’s reservations, the appropriate Speaker shall re-submit it to the President for assent.
(4) Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported—
(a) by two-thirds of members of the National Assembly; and
(b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.
(5) If Parliament has passed a Bill under clause (4)—
(a) the appropriate Speaker shall within seven days re-submit it to the President; and
(b) the President shall within seven days assent to the Bill.
(6) If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5) (b), the Bill shall be taken to have been assented to on the expiry of that period.
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 115 of the Kenyan Constitution defines the President's veto powers and the process for reviewing rejected bills. Upon receiving a bill, the President has fourteen days to either sign it into law or return it to Parliament with a memorandum detailing specific objections. If the bill is returned, Parliament can amend it to address the President's concerns and resubmit it for signature. Alternatively, lawmakers can choose to bypass the objections and pass the bill a second time—either unchanged or with amendments that do not fully accommodate the President's views. Overriding the presidential veto requires a two-thirds majority vote in the National Assembly, as well as a two-thirds majority vote of county delegations in the Senate if the legislation affects county governments. Once an override succeeds, the President is legally mandated to sign the bill within seven days, and if they fail to act within any of the constitutional timelines, the bill automatically becomes law.