1. Policy Proposal/Preparation:
– Policies are usually proposed by government ministries, departments, agencies, or even through parliamentary committees and private members.
2. Drafting the Policy:
– Once the idea is approved, the policy is drafted by the relevant ministry or department with consultations from legal experts and stakeholders.
3. Cabinet Approval:
– The draft policy is submitted to the Cabinet for approval. If approved, it moves forward; if not, it might be sent back for revisions.
4. Public Participation:
– The Constitution of Kenya mandates public participation in policymaking. The draft policy is shared with the public for feedback. This can include public forums, workshops, and inviting written submissions.
5. Finalization:
– Based on the feedback, the policy is revised and finalized by the drafting team.
6. Parliamentary Process:
– First Reading: The finalized policy is introduced in Parliament. It’s read for the first time and referred to a relevant committee.
– Committee Review: The parliamentary committee reviews the policy, which may include public hearings and consultations. The committee then prepares a report with recommendations.
– Second Reading: The policy is debated in Parliament based on the committee’s report. Members of Parliament (MPs) discuss the merits and concerns.
– Committee of the Whole House: Detailed examination, clause by clause, is conducted. MPs can suggest amendments.
– Third Reading: The final version, including any amendments, is read. MPs debate and vote on the policy.
7. Senate Process (if applicable):
– For certain policies, especially those affecting county governments, the policy is sent to the Senate for review and approval following a similar process.
8. Presidential Assent:
– Once both Houses (National Assembly and Senate) approve, the policy is forwarded to the President for assent. The President may sign it into law or refer it back to Parliament for reconsideration.
9. Gazettement and Implementation:
– After Presidential assent, the policy is gazetted, making it official. Implementation is carried out by the relevant government agencies, departments, or ministries.
This process ensures thorough scrutiny, stakeholder engagement, and public participation, making it as transparent and inclusive as possible.
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