power and resources from the central government to the grassroots. It creates 47 new regions – to be known as counties – that will receive 15 per cent of national revenue every year for development.
Under the previous order all resources were allocated and managed by the central government. This led to the skewed allocation of these resources for political reasons, leaving certain areas of our country greatly underdeveloped. The new constitution seeks to promote equity in the distribution of resources across all regions and provide citizens with the opportunity to develop solutions tailor made for their needs at the county level. Each county will be
administered by a Governor assisted by an Assembly and a County Executive Committee. Each county will elect one Member to the Senate to represent and protect its interests. The Senate will participate in the allocation of resources to the counties. It will also have oversight, including financial, over counties and protect their interests. Legislation affecting counties will require passage in both Chambers to become law and, in case of a conflict, a mediation committee comprising both the National Assembly and the Senate shall be formed.
Stronger democratic and social rights There are certain privileges that shall accrue only to one House, for instance financial legislation can only emanate from the National Assembly and not the Senate. The bicameral feature returns
to Kenya after nearly five decades of a single Chamber. Construction and refurbishment is already underway to remodel existing facilities in order to cater for the new dispensation. The last and certainly not least of the improvements to the
Legislature under the new constitution is the parliamentary authority to impeach the President of the Republic and/or his or her Deputy by a vote of the Senate. It also gives the Legislature power to control its calendar. The old constitution provided that whenever Parliament impeached the President, it too was dissolved. The Head of State also controlled its calendar.
8 | The Parliamentarian | 2010: Issue Three - Kenya
The new law contains a much broader Bill of Rights than Kenya's old constitution. The new law introduces social rights such as the right to decent housing, health care, food, water and basic education, in addition to a comprehensive list of individual rights and freedoms. Kenyans living abroad have for a long time sought to give to their children born outside the country
Kenyan citizenship as well as that of whatever country they reside. The new law gives them that opportunity since it provides for dual citizenship, a welcome move for Kenyans in the diaspora. The marginalization of certain segments of society is a long- standing complaint in Kenya with women, youth and disabled people affected. The new law provides for the participation of all these groups