Chapter 8: THE LEGISLATUREPart 4PROCEDURES FOR ENACTING LEGISLATION

Article 116. Coming into force of laws

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Official Constitutional Text

116. (1) A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after assent.

(2) Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.

(3) An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament.

(4) Clause (3) does not apply to an interest that members of Parliament have as members of the public.

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 116 of the Kenyan Constitution governs how laws are officially published and when they come into legal effect. It mandates that any bill approved by Parliament and signed by the President must be published in the official government Gazette as an Act of Parliament. Under normal circumstances, a published law automatically takes effect fourteen days after its Gazette publication, unless the text of the Act explicitly specifies a different starting date or time. Crucially, the article establishes a powerful anti-corruption check by declaring that any law giving direct financial benefits or salary increases to sitting members of Parliament cannot take effect until after the following general election, ensuring MPs cannot vote to immediately enrich themselves. This delay does not apply to general public benefits that MPs happen to receive simply as ordinary citizens.