Petitions

 

PUBLIC PETITIONS

 

Meaning of Petition For purposes of this Part a petition means a written prayer to the County Assembly by a member of the public requesting the County Assembly to consider any matter within its authority, including enacting, amending or repealing any legislation.

 

Submission of a Petition (1) A petition to the County Assembly shall be-

 

(a) submitted to the Clerk by the petitioner and reported to the County Assembly by the Speaker; or

 

(b) presented by a Member on behalf of a petitioner, with the consent of the Speaker.

 

(2) Notwithstanding paragraph (1) (b), a Member shall not be eligible to present a petition on his own behalf.

 

(3) The Clerk shall, within seven days of the date of receipt of the petition, review the petition to ascertain whether the petition meets the requirements of these Standing Orders and of the law.

 

(4) Where the Clerk considers that a petition does not comply with paragraph (3), the Clerk may give such directions as are necessary to ensure that the petition is amended to comply with that paragraph.

 

(5) The Clerk shall, if satisfied that the petition meets the requirements under paragraph (3), forward the petition to the Speaker for tabling in the County Assembly.

 

Petition on Private Bill A Petition on a private Bill shall be dealt with in accordance with Part 20 (Private Bills) of these Standing Orders.

 

Notice of intention to present Petition A Member shall give to the Clerk two sitting days’ notice of intention to present a Petition and the Clerk shall examine such Petition and ensure that the Petition is presented in the manner, form and content required by these Standing Orders.

 

Form of Petition A petition shall be in the form set out in the Third Schedule and shall-

 

(a) be handwritten, printed or typed;

 

(b) be in English or Kiswahili and be written in respectful, decorous and temperate language;

 

(c) be free of alterations and interlineations in its text;

 

(d) be addressed to the County Assembly;

 

(e) have its subject-matter indicated on every sheet if it consists of more than one sheet;

 

(f) indicate whether any efforts have been made to have the matter addressed by a relevant body and whether there has been any response from that body or whether the response has been unsatisfactory;

 

(g) indicate whether the issues in respect of which the petition is made are pending before any court of law or other constitutional or legal body.;

 

(h) conclude with a clear, proper and respectful prayer, reciting the definite object of the petitioner or petitioners in regard to the matter to which it relates;

 

(i) subject to paragraph (m), contain the names, addresses, identification numbers, signature or a thumb impression of the petitioner or of every petitioner, where there is more than one petitioner;

 

(j) contain only signatures or thumb impressions, as the case may be, and addresses and identification numbers written directly onto the petition and not pasted thereon or otherwise transferred to it;

 

(k) not have any letters, affidavits or other documents annexed to it;

 

(l) in the case of a petition presented by a Member on behalf of a petitioner, be countersigned by the Member presenting it; and

 

(m) be signed by the petitioner or if the petitioner is unable to sign, by a witness in whose presence the petitioner shall make his or her mark on the petition.

 

Time for Petitions The total time on the Order “Petitions” shall not exceed thirty minutes.

 

Presentation of Petitions (1) A schedule of Petitions to be presented or reported to the County Assembly on a sitting day may be appended to the Order Paper of the Day in the order that they shall be presented or reported.

 

(2) When the Order “Petitions” is read, the Speaker shall-

 

(a) in case of a petition presented by a Member, direct that the Member present the Petition to the County Assembly or;

 

(b) in case of a petition presented through the Clerk, report the Petition to the County Assembly.

 

(3) The Member presenting the Petition shall read such Petition but shall confine himself or herself to the subject of the prayer, the material allegations therein and the number of signatures attached.

 

(4) A Member having presented a Petition shall, without question put, lay the Petition on the Table of the County Assembly;

 

(5) A Member presenting a Petition shall not speak for more than five minutes, unless with permission of the Speaker.

 

Comments on petitions The Speaker may allow comments, observations or clarifications in relation to a Petition presented or reported and such total time shall not exceed thirty minutes.

 

Committal of Petitions (1) Every Petition presented or reported pursuant to this Part, shall stand committed to the relevant Select Committee.

 

(2) Whenever a Petition is committed to a Select Committee, the Committee shall, in not more than sixty calendar days from the time of reading the prayer, respond to the petitioner by way of a report addressed to the petitioner or petitioners and laid on the Table of the County Assembly and no debate on or in relation to the report shall be allowed, but the Speaker may, in exceptional circumstances, allow comments or observations in relation to the Petition for not more than twenty Minutes.

 

(3) The Clerk shall, within fifteen days of the decision of the County Assembly, in writing, notify the petitioner of the decision of the County Assembly on the petition.

 

Copies of responses The Clerk shall forward copies of responses received under Standing Order 202 (Committal of Petitions) to the petitioner or petitioners.

 

Register of Petitions (1) The Clerk shall keep and maintain a register in which shall be recorded all petitions and supporting documents, and the decisions of the County Assembly.

 

(2) The register of petitions under subsection (1) shall be accessible to the public during working hours.

 

 

GENERAL FORM OF A PETITION

(Section 15, County Governments Act, 2012 and Standing Order No. 198)

[Standing Order … (…)]

I/We, the undersigned,

 

(Here, identify in general terms, who the petitioner or petitioners are, for example, citizens of Kenya, residents of Busia County, workers of industry, etc.)

 

DRAW the attention of the County Assembly to the following:

 

(Here, briefly state the reasons underlying the request for the intervention of the County Assembly by outlining the grievances or problems by summarizing the facts which the petitioner or petitioners wish the County Assembly to consider.)

 

THAT

 

[Here confirm that efforts have been made to have the matter addressed by the relevant body, and it failed to give satisfactory response.]

 

THAT

 

[Here confirm that the issues in respect of which the petition is made are not pending before any court of law, or constitutional or legal body.]

 

HEREFORE your humble petitioner(s) Pray that County Assembly—

 

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