Article 106 — Mode of Exercising Legislative Power

(1) The power of Parliament to make laws shall be e xercised by bills passed by Parliament and assented to by the President. (2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unl ess— (a) it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and (b) it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament. (3) A bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs. (4) Whenever a bill is read the first time in Parli ament, it shall be referred to the appropriate committee appointed under article 103 of this Const itution which shall examine the bill in detail and make all such inquiries in relation to i t as the committee considers expedient or necessary. (5) Where a bill has been deliberated upon by the a ppropriate committee, it shall be reported to Parliament. (6) The report of the committee, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill for it s passage, with or without amendments, or its rejection, by Parliament. (7) Where a bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Sp eaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution. (8) Where the President refuses to assent to a bill , he shall, within fourteen days after the refusal— (a) state in a memorandum to the Speaker any specif ic provisions of the bill which in his opinion should be reconsidered by Parliament, inclu ding his recommendations for amendments if any; or (b) inform the Speaker that he has referred the bil l to the Council of State for consideration and comment under article 90 of this Constitution. (9) Parliament shall reconsider a bill taking into account the comments made by the President or the Council of State, as the case may be, under clause (8) of this article. (10) Where a bill reconsidered under clause (9) of this article is passed by Parliament by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, the President shall assent to it within thirty days after the passing of the resolution. (11) Without prejudice to the power of Parliament t o postpone the operation of a law, a bill shall not become law until it has been duly passed and assented to in accordance with the provisions of this Constitution and shall not come into force unless it has been published in the Gazette . (12) The provisions of clauses (7) to (10) of this article shall not apply to a bill certified by the Speaker as a bill to which the provisions of articl e 108 of this Constitution apply; and accordingly, the President shall give his assent to any such bill when presented for assent. (13) Where it is determined by a committee of Parli ament appointed for the purpose that a particular bill is of an urgent nature, the provisi ons of the preceding clauses of this article, other than clause (1) and paragraph (a) of clause ( 2) shall not apply, and accordingly, the President shall give his assent to the bill on its presentation for assent. (14) A bill introduced in Parliament by or on behal f of the President shall not be delayed for more than three months in any committee of Parliame nt.