THE LEGISLATIVE SENTENCE,

LANGUAGE AND SYNTAX

INTRODUCTION
The legislative sentence is the means the drafter uses to translate policy
into law.
In each sentence there must be:
The legal subject the person to whom the law is to apply;

The legal action the law which is to apply; and

The circumstances in which the law is to apply.

The legislative sentence is an arrangement of words to express a command

or state a prohibition. It confers power or imposes an obligation. It states:
How, the manner in which the law is to operate;

What, the nature of the legal action;

When, the conditions under which the law is to operate;

Where, the circumstances in which the law will operate;

Who, the legal subject, the person given responsibility or on whom is

placed an obligation or prohibition; and

Why, the policy considerations of the law.

A drafter should always use:

Short familiar words and phrases

Short sentences which state only one thing

Use the same word or express one meaning

Consistent spelling
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The standard form language of the drafting office

A drafter should not use:

Archaic words such as; the said, same, aforesaid, before-mentioned,

herein before-mentioned, whatever, whatsoever, whomsoever, and/or,
pursuant to (under), and similar words.

Latin expressions.

More words than necessary; For instance, all and singular, Aid and
abet, each and every, Full force of the law, null and void, will and
testament, unless and until, as to whether this happened, by reason
of, in lieu of, in relation to, in the event that (if), permitted to may)

THE TENSE AND USE OF WORDS IN A

LEGISLATIVE SENTENCE
TENSE
Laws are meant to be of continuing application and should be written in the
present tense. This avoids complicated and awkward verb forms. The active
voice should be used instead of the passive.
Illustration:
Do not write:
include.

The function of the board will be or will include or shall

Write:

The function of the board is or includes.

Do not write:
offence.

A contravention of a provision of this Act shall be an

Write:

A contravention of this Act is an offence.

Do not write:

A person may make an application

Write:

A person may apply

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Do not write:
A person who shall permit a dog to soil a pavement shall
commit an offence
Write:
A person who allows a dog to soil a pavement
commits an offence
Do not write:
Up to nine persons may be appointed by the Cabinet
Secretary to be members of the Advisory Committee
Write:

The Cabinet Secretary may appoint up to nine persons as

members of the Advisory Committee.

Use of the passive voice should be avoided because:

A sentence in the passive voice does not assign responsibility clearly.

For instance, assigning general rights.

The passive voice places the receiver of the action before the main
person.

Passive construction is confusing when used in legislation

Exceptions where the passive voice may be used:

When the person to carry the act is unknown, unimportant or obvious.

For example, the letters have been dispatched.

To avoid the use of gender specific language.

To put old or repeated information at the beginning of a sentence,

new information at the end of the sentence to stand out.

SHALL
The drafter should use shall to impose a duty or an obligation. That MUST
be performed for certain ends of justice to be attained.

Illustration:
A driver shall provide a license on demand.

Shall should not be used to predict the future. Where the intention is to
predict future action, the word to use is will
A drafter should avoid the use of shall to confer a right.
Illustration:
Do not write:

You shall receive.

Write:

You are entitled to.

Do not use shall to state a rule of law or how it applies. This creates a
false imperative.
Illustrations:
Do not write:

A person shall be eligible to apply for

Write:

A person is eligible to apply for

Do not write:

A person who commits an offence shall be liable

Write:

A person who commits an offence is liable

Do not write:

It shall be unlawful.

Write:

It is unlawful.

ANY
Any means one or some.
It is often misused in a legislative sentence when one person or thing is
being referred to.
It can often be replaced by a, an
Illustration:
Do not write:
The Cabinet Secretary must consult any organization
which appears to the Cabinet Secretary to represent a substantial number
of coffee growers.

Write: The Cabinet Secretary must consult an organization which

appears to the Cabinet Secretary to represent a substantial number
of coffee growers.

EACH
Each refers to two or more in a numerical context where there has been
previous identification. Used when referring or laying emphasis on an
individual from an identified pool.
Illustration:
There are ten attorneys in the Division. Each is a lawyer of ten years
standing.

EVERY
Every implies a class.
Illustration:
Every attorney is a lawyer.
The reference in this example is to each attorney of an identified class.

ALL
The word all is a spurious form of emphasis and should not be used. All is
used for purposes of determining collective responsibility.
Illustration:
All elected members hold office for three years.

SUCH
Such is misused in legislation and creates ambiguity.
It should be substituted with the word the, a or that.

SAME
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Same is used as a preceding noun or phrase in legal jargon and does not
add to a legislative meaning.
It should not be used as it creates ambiguity.
The word it or them can be used as a substitute

AND
And is usually construed conjunctively and connotes togetherness.
A drafter should use and to connect two or more phrases, conditions or
events all of which must occur
Illustration:
The register includes;
a) each person who is seventy years or older;
b) each person who is permanently physically disabled; and
c) each person who has been declared mentally incompetent.

OR
OR is construed disjunctively and suggests a choice between two or more
options.
A drafter should use or to connect two or more phrases events,
conditions, when only one or more but not all need occur.
Illustration:
The register includes each person who:
a. Is seventy years or older, or
b. Is physically disabled or
c. Has been declared mentally incompetent.

WARNING
Never use and/or rather use A or B or both

A, AN, THE
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A is used as an indefinite article in legislative drafting to denote the

singular, often as part of a general statement.
An is used before a vowel.
The is used as the definite article. It is placed before a noun.
Illustration:
A citizen shall possess an identity card.
The citizen shall possess an identity card before applying for a passport
The identity card must always be carried.
An entity that is required to be licensed must submit an application to the
Commissioner.

DEEM
Deeming clauses should only be used to create a legal fiction.
It may be used to provide for the retroactive operation of an Act.
Example.

This Act is deemed to have come into force on the first day of January
2000.

In order to avoid a legalism, consider or thinks, can be used instead of

deem in situations where a legal fiction is not being created.
Example;
A doctor shall be registered to practice medicine if the Registrar considers
the doctor to be qualified.

BEFORE AND AFTER

Before and After exclude the specified day.
After is better than from because from is equivocal.
Example.
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After 13th March, excludes March 13th.

From 13th March is debatable although 13th March is probably excluded.
The phrase on and after should be used when the specified day is to be
included.
Example:
The phrase, between 1st January and 1st March is ambiguous. After 1st
January and before 1st March is preferable.

WHERE
The use of the word where conveys a description of a factual situation;
suggesting a place or venue, referring to situations, to define a set of
circumstances.
Example:
Where dogs are running at large.

WHEN
The use of when in legislative drafting is to indicate a single or rare
concurrence or occurrence of a contemplated event. You are not certain
that the events will take place.
Example
When the fees has been paid
The drafter may use if to state a condition in a legislative sentence.

WHICH AND THAT

Which is non-restrictive, that is restrictive.
If the insertion of a comma in the phrase does not change the meaning use
which, otherwise use that.
A nonrestrictive clause is one which can be omitted or placed between
brackets without destroying the meaning and is set off by commas.
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Example;
Section 10 which was amended in 1956 was repealed in 1966.
A non-restrictive clause does not need to be set-off by commas.

BY, UNTIL, TILL

Where action is to be taken by a stated date or until or till a date, action on
that day is permitted. It is better to say not later than or before.

Words of Authority
Use words of authority with care.
When drafting rules, contracts, and other forms of legal documents, be
precise and consistent in using words of authority such as must, shall,
will, may, should and their negative forms, such as must not, and
will not.
Dont use shall for any purpose because it is simply too unreliable

PUNCTUATION
Punctuation is used by the drafter to assist the reader of the law to
understand the text easily.
There are general rules about punctuation as follows:

PUNCTUATION RULES
1. Punctuate sparingly and with purpose. Unnecessary punctuation
can be very distracting, the drafter should ensure that every
punctuation mark must serve a purpose.

2. Punctuate for structure and not for sound. A drafter should test
every punctuation mark to see whether it assist in explaining the
structure of the sentence.
3. Be conventional. While most other forms of prose writing admit a
measure of individuality, legislative drafting does not. The drafter
should adhere to the conventional use of punctuation marks.
4. Be consistent. Inconsistency is the most common error in the area of
punctuation. A haphazard use of punctuation marks, especially the
comma can destroy the value of punctuation.

THE FULLSTOP (PERIOD)

As a general rule, every sentence should end with a full stop.
There should not be a full stop in the following:
After an abbreviation or contraction (Contracton is short for m of a
word e.g. Hes instead of he is.).

After a heading.

There is no full stop after a title.

After a number.

After a symbol or currency or measurement.

THE COMMA
A comma may be used to separate items in a series of words, phrases or
clauses.

Separating comma
Use a comma after introductory elements. Separating comma may separate
an introductory modifying clause or phrase from what follows.
Illustration;
When amount of compensation payable is determined, the Cabinet
Secretary must issue a certificate.
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N/b If the introductory clause is short, then a comma is not necessary.

(i)

Separating comma may be used to separate items in a series. If a

sentence has a series of three or more items, join with one
conjunction, put commas after each item except the last. If the
series is simple, you can omit the comma before the conjunction. If
the series is complicated, use semicolons rather than commas.

Illustration:
A person who willfully alters, conceals, destroys or refuses to produce a
register commits an offence and is liable.
Livestock means cattle, horses, goats, sheep and pigs.
(ii)

A separating comma may separate long independent clauses joined

by coordinating conjunctions such as: and, but, or, so, yet, for, nor
et cetera. When you use a coordinating conjunction to join two
independent clauses into one sentence, put a comma before the
conjunction. To join two independent clauses properly, you need
both the comma and the conjunction.

(iii)

A comma may separate words or numbers in order to facilitate

communication.

Illustration:
In 1996, 16 subsidies were granted.
In 2005, one hundred chicken were sold.

Enclosing Commas
They only operate in pairs. If one is omitted, the other remaining bit is
useless.
Use commas to set off nonrestrictive elements.
The car, which is blue, ran the red light.
Use commas to set off parenthetical elements.
The presidents indictment was, to say the least, unexpected.
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Use commas to separate coordinate adjectives. Two or more adjectives are

coordinate when they modify a noun equally. They should be separated with
commas.
The plaintiff was driving an old, ratty, blue truck.
If one adjective modifies another, do not separate them with a comma.
Use commas to set off transitional or interrupting words and phrases.
The conclusion, therefore, is that
Attorney advertising is a type of commercial speech; therefore,
it deserves
We submit, Your Honor, that the
Use commas to set off dates, titles, geographic names, and short quotations.
Tuesday, July 6, 2007, is the termination date.
Jane Sherwood, M.D., testified.
Seattle, Washington, is the
The witness said, The red car was speeding.
The statute banned smoking, in any public building.
To separate long and independent clauses joined by coordinating
conjunctions such as and, but, for, nor, or and so.

APOSTROPHES
Use apostrophes to form possessives.
Used to form the plural of some terms.
Illustration
(She got mostly Bs in school.)
Use apostrophes in contractions and abbreviations.

THE COLON and Dash

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For purposes of drafting, use a colon to introduce a series of paragraphs, a

list or tabulation.
Use a colon to introduce a summary, or elaboration, or illustration of what
precedes it.
Use a colon to introduce a long quotation.
Illustration: Dash
In this Act car does not includea) goods vehicle
b) an omnibus
c) a motorcycle; nor
d) an invalid carriage
Illustration: Colon
The corporation must forward to the Cabinet Secretary the following:
a) notice of the address of the registered office; and
b) a copy of the constitution
Never combine a dash and a colon (:-)

THE SEMI-COLON
The function of the semi-colon is to show a relationship between elements of
a sentence which a complete break into separate sentence may obscure.
It is a mark of co-ordination.
A semi-colon is used in two ways:

It may join in one sentence two independent clauses which are closely
related to make it desirable for purposes of showing their coherence
in one sentence.

The semi-colon is also used to co-ordinate a series of paragraphs,

subparagraphs or listed items.

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If a series of paragraphs is followed by words applied in all the paragraphs

then the paragraphs should be separated by commas. This serves as an
exception to the rule that we use semi-colon to separate paragraphs.
Illustration:
A person aggrieved by the action of a county government
a) in rejecting plans,
b) in fixing or refusing to extend any period, or
c) in imposing or refusing to vary any building condition,
may appeal to the Governor within the time stipulated and in the manner
If a series of paragraphs is a collection of compositions, independent but
connected, then they should be separated by semi-colons and introduced by
a colon.
Illustration
The corporation must forward to the cabinet Secretary the following:
a) notice of the address of the registered office; and
b) a copy of the constitution.
The Commission shall be the co-coordinating agency for the enforcement of:

The Anti-Money laundering Act, 2003 (Act 102);

The proceeds of Crime Act, 1995 (Act 103);

The Miscellaneous Offences Act (Act 104); and

Any other law or Regulations related to economic and financial

crimes.

Use a semicolon to join two independent clauses without a conjunction.

Use a semicolon when two independent clauses are joined by a transitional
expression.
Use semicolons to separate the items in complicated series.

HYPHEN

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The hyphen should generally only be used when the words proper spelling
includes a hyphen.
The following are exceptions to this rule:

Hyphenate if the second element of the word is capitalized or a figure.

Illustration:
Anti-Semitic
Pre-1914
Follow common usage in hyphenating compound modifiers.
Use hyphens for compound numbers and fractions.
Use a hyphen to divide a word at the end of a line.

PARENTHESIS
Parenthesis is used for giving examples, explanations and illustrations that
are connected with the message of the sentence.
They must be used with care because they have a probability of diverting
attention.
(i)

In legislation, they are used to explain.

Illustration:
No person may subdivide land, unless the subdivision is effected by a
transfer, exchange, or other disposition of land made by an order under
section 129B of the property law Act 1974 (which relates to the granting of
access to land locked land).
(ii)

Use parentheses to avoid ambiguities.

(iii)

Use parentheses when you want to label the items in a series.

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(iv)

Use parentheses to introduce shorthand expressions you will use

later.

THE USE OF PROVISO

They are no longer used in modern drafting.
The purpose is to create an exception.
The proper approach today is that when you are preparing legislation and
want to introduce exceptions use the word except and then list them as
exceptions.
Phrases with the words provided that should be avoided because they
create ambiguity, they can often be removed or substituted by the word if.
Example:
Do not write:

Provided that the fee is paid.

Write:

If the fee is paid.

Split infinitives
A split infinitive is a grammatical construction where a word phrase, usually
an adverb or adverbial phrase occurs between the maker to and bare
infinitive form of the verb.
In English, an infinitive verb fulfils the function of a noun and is formed with
to; for example, to take, to laugh and to be.
An example of a split infinitive is to boldly go where no man had gone
before.
The infinitive is to go and it is split by the adverb boldly
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Example:

The courts intention.

Childrens television

Farmers co-operative association

POSITIVE WRITING
The drafter should write positively; if an idea can be expressed either
positively or negatively, it should be expressed positively.
Example:
Do not write:

The panel may not consider candidates other than those

with second-class upper degrees.

Write:

The panel will only consider candidates with second-class

upper degrees.

The use of several negatives in one sentence should not be used. A negative
can be expressed in positive from such as:
Did not remember
Left out

Did not pay attention to

Forgot

Omitted
-

Ignored

Beware of sentences that contain more than one negative expression.

When you find that you have written a sentence with multiple negatives,
identify each negative term. Then pair as many of them as you can to turn
them into positives. Rewrite the sentence using as many positives and as
few negatives as you can.

CAPITALIZATION
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The drafter should use capital letters sparingly.

(i)

Use capitals to begin a sentence, to refer to titles, nouns et cetera.

(ii)

Capital letters should be used for proper names.

Example:
Ghana.
Lesotho.
(iii)

Capitals should not be used to begin each paragraph in a series of

paragraphs.

(iv)

Capitals are also used where reference is being made to important

officials, statutory bodies or administrative bodies.

(v)

The names of private organizations can be capitalized.

(vi)

The use of capital letters should be restricted to cases where

special attention is drawn to particular circumstances.

Example
Minister may by legislative instrument make regulation.
Do not write:

Be sure to promptly attend to the clients

Write:

Be sure to attend promptly to the clients; or be sure to

attend to the clients promptly.

(v)

Capitals should not be used to define each word in a series of

definitions.

(vi)

Use capitals for:

Act of Parliament.
Names and titles of persons of considerable eminence, for example,
President, Chief Justice, Governor, Attorney General et cetera
For words of general significance if used in a special or technical
sense. For example, referring to a Dispute Tribunal
We do not use upper case for words such as ; quote, judge,
government unless they have a similar specific sense for example,
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if referring to the institution known as Court of Appeal,

Government of Kenya

NOUNS: SINGULAR OR PLURAL

In rule drafting, prefer the singular number.
Use singular unless you can articulate a sound reason for using the plural.
Most common reason for using the plural is to refer to a group of people
rather than to individuals within the group.
The use of a singular noun instead of a plural noun avoids the problem of
whether the rule applied to each member of a class or to the class as a
whole.

Example:
The doctor will treat each patient suffering from typhoid, fever and malaria
fever.
If the plural must be used in a compound word, the significant word takes
the plural as shown below:
Do not write

Write

Attorney-generals

Attorneys general

Notary publics

Notaries Public

Director-generals

Directors general

ABBREVIATIONS
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The drafter should avoid abbreviations and acronyms.

Example:
The acronym should be written in full as non-government organization
which can be shortened in the definition section to:
Organization means a non-governmental organization.
An exception is where the acronym has become familiar to the public
Example:

AIDS rather than Acquired Immune Deficiency Syndrome.

DNA rather than Deoxyribonucleic Acid

COUPLETS
Where words have the same effect or the meaning of one word includes the
other, the drafter should not use word pairs.
Do not write

Write

Order and direct

Authorize or direct

Means and includes

Means or includes

Each and every

Each or every

Null and void

Null or void

Full and complete

Full or complete

LISTING
When listing membership of a body, a use comma as the sentence is
continuous. Use a colon at the end of the introductory words and semicolons at the end of each paragraph when listing objects and functions in
tabular form. After the penultimate item, use and or or as appropriate.

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PARAGRAPHS
Short paragraphs improve the clarity of a provision. Each paragraph should
deal with a single topic. Lengthy, complex or technical provisions should be
split into a series of related paragraphs.

GENDER NEUTRAL LANGUAGE

The use of gender neutral language is best practice in legislative drafting.
The reflection of male dominance in the legislative sentence should be
avoided.
Avoid sexist language.
Many readers, both male and female, will be distracted and perhaps
offended if you use masculine terms to refer to people who are not
necessarily male.
Dont use expressions that imply value judgments based on sex.
Illustration; Dont write A manly effort.
Use sex-neutral terms if you can do so without artificiality.
Use parallel construction when you are referring to both sexes.
For instance; Write, Husbands and wives; do not write men and
their wives
Dont use a sex-based pronoun when the referent may not be of that sex.
For instance; dont use he every time you refer to judges.
Always use gender neutral language.
Illustrations:
Fireman

Fire fighter

Workman

Worker

The ship is manned

The crew

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Chairman

Chairperson

Draftsman

Draftsperson

Nurse

Health personnel

Do not write:

An employee must wear his identification card.

Write:

Employees must wear their identification cards.

Do not write:

He must present his application to

Write:

Each application must be presented to

Do not write:
work done.

The supervisor or his representative must inspect the

Write:

The supervisor or the representative of the supervisor

must inspect the work done.

Do not write:

The director shall hold office until his successor is

appointed.

Write:

The director shall hold office until a successor is

appointed.

It is often necessary to repeat words to achieve non-sexiest: engage where a

nominalization is placed with a verb form, for example:
Do not write:

A person who has stolen goods in his possession

Write:

A person who possesses stolen goods commits a crime.

Define the term nominalization (2 marks)
Identify nominalizations contained in the sentence
below and re-write the sentence to replace the
nominalizations.
To provide its customers with an extra measure of
satisfaction, special authorization has been given by
Family Mart Supermarket to its supervisors to
institute an exchange of merchandize within ten
days following the purchase by the customers.
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(3 marks)

ARCHAIC WORDS
Legalese in archaic words should be avoided as it mystery heretofore or
other similar words should not be used; a possible word hereby although
the phrase by this Act can be used as institute.

EXPRESSING NUMBERS
In legislation, numbers should be expressed in words. Wrong figures can be
typed accidentally if figures are used. In Schedules however, figures may be
used.

WORD ECONOMY
Verbosity should be avoided and legal language should be as direct as
possible.

SECTIONS AND SUBSECTIONS

An Act of Parliament is divided into sections which contain one idea.
If the sentence is long, it should be divided into subsections, when these are
read together they should convey the same idea.
Sections are numbered in Arabic numbers consecutively and subsections
are also numbered consecutively but in brackets!!!! (1, 2, 3, 4)
Where the section subsection is long, it is best to divide it into paragraphs
to create a full sentence when read with the introductory words and
possible including words. Paragraphs are numbered with lower case letters
of the alphabet in bracket. (a) (b)
Further sub-divisions of paragraphs are sub-paragraphs numbered with
small numbers. ??????
The legislative sentences of a Constitution are called Articles.
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In subsidiary legislation, the sentences are referred as to Regulations and

the sub-divisions as Sub-Regulations.

REFERENTIAL LEGISLATION
Where reference is made in one legislation to another, it is important to
ensure that the imported legislation fits in.
There may be problems with the meaning of words where this has changed
due to judicial precedent.
In order to avoid the situation where reference is made to another
enactment to determine meaning, the provision from the referred text
should be repeated.

USES OF PRECEDENTS
Very few things are novel, the drafter can benefit from information gained
from the laws of other jurisdictions, more especially with the access
information communication technology had provided. This reference should
however be handled with caution since the circumstances in each country
differ. It may better to base a draft on precedent within the jurisdiction than
to modify foreign legislation carelessly.
Question 6; Study the following statutory provision and break it up
into separate legislative sentences, in your own words, but without
changing the meaning. Where possible each sentence should begin
with the relevant legal subject, then the legal action, and then the
context. Make sure that you use proper punctuation and in and out
denting.
Section 86A (5) Income Tax Act
Question 6(b) : If an intending appellant wishes to appeal against a
decision of the Tax Court to the Court of Appeal, the Registrar of the
Tax Court shall submit the notice or notices of intention to appeal
lodged under subsection (3) to the president of the Tax Court who
shall, having regard to the contemplated grounds of the intended
appeal or appeals as indicated in the said notice or notices, make an
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order granting or refusing, as he sees fit, leave to appeal against

such decision to the said court and the order so made shall be final.
(15
marks)
Question 5; Study the following two statutory provisions and break
up each provision into separate legislative sentences, in your own
words, but without changing the meaning. Where possible, each
sentence should begin with the relevant legal subject, then the legal
action, and then the context. Make sure that you use proper
punctuation and in - and out - denting.

Provision A
Section 86A (5) Income Tax Act
(5) if an intending appellant wishes to appeal against a decision of
the Tax Court to the Court of Appeal, the Registrar of the Tax Court
shall submit the notice or notices of intention to appeal lodged
under subsection (3) to the president of the Tax Court who shall,
having regard to the contemplated grounds of the intended appeal
or appeals as indicated in the said notice or notices, make an order
granting or refusing, as he sees fit, leave to appeal against such
decision to the said court and the order so made shall be final.
(7 marks)

Provision B
Section 43 (1) of the Customs and Excise Act, 1964
(amended by section 124 of Act 60 of 2001)
1) If entry of imported goods has been made under the
provisions of section 38
(a)
In the case of goods in a container depot,
within 28 days from the date the goods were landed;
or
(b)
In the case of any goods, on expiry of the
prescribed period, the master, pilot or other carrier,
container operator, person in control of a transit
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(c)

shed or other person who has control of such goods

shall furnish a list thereof together with all available
documents to the Commissioner and shall remove
the goods to(i)
The government warehouse
(ii) Such other place indicated by the
Commissioner.
The Commissioner may(i)
Where any such person fails to remove the
goods as required in terms of subparagraph (i)
and (ii) at the risk and expense of such person,
so remove the good, or
(ii)

Allow the goods subject to such conditions as

the Commissioner may impose, to remain under
the control of such person.
(8 marks)

NUMBERING AND LETTERING OF

LEGISLATION PRACTICE
For Acts of Parliament, start with section, then subsection, then paragraphs,
then subparagraphs.
Part 1
Sub-part (sub-division) 1
1) Section
a) Subsection
i) Paragraph
(1)
Subparagraph
For regulations, rules and orders start with regulation, then sub-regulation,
then paragraph, then sub-paragraph.
1) Regulation
a) Sub-regulation
i) Paragraph
(1)
Subparagraph
For Orders,

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1) Order 1
i) Rule 1
(a) Sub-rule (1)
1. Paragraph (1)
i. Subparagraph (i)

REFERENCE TO LEGISLATIVE PROVISIONS

When referring to legislative provisions, use figures rather than words.
Illustration
Section 27 NOT section twenty seven
Part 3 NOT part three
Section 14 (4)(a)(i) and (iii)

THE STRUCTURE OF A BILL

Preliminary provisions

Arrangements of sections (for statutes and clauses for Bills)

Long Title purpose or summary of what the Bill is all about.
Preamble
Enacting formula It is a constitutional requirement
Short Title Takes the form This Act may be cited as
Commencement It is not necessary since the Constitution has
mentioned it. Not more than six months from the date of signing.
Interpretation provisions Definition of the terms of the Act.
Application

Principal provisions

Substantive provisions. They provide for the substance of the law.

Administrative provisions. These create the implementing authorities,
establishment of bodies et cetera.

Miscellaneous Provisions General or

supplementary
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Miscellaneous and supplementary provisions include financial matters,

offences, power to make regulations, search, seizure and arrest.

Final provisions

Savings
Transitional provisions
Repeals and consequential amendments
Schedules

Arrangement of sections
The arrangement of sections is on a separate page immediate before the Act
The wording is the same as that used for the head notes or marginal notes
in the Act an\d serves as s useful index to the Act
It does not form part of the Act and is not subject to debate in Parliament

Arrangement of parts
A Bill should only be divided into parts when each Part stand alone to form
the subject of another Act, otherwise headings should be used in provisions
KEY!!!!!

Head notes and marginal note

Each section is given a head note or marginal note and this provides a guide
to the contents of the section. It must be short and accurate and no
attempts should be made to set out a summary of the whole contents of the
section.
The appropriate head note or marginal note is often difficult

Long title
This is the starting point of the Act and indicates the general purpose and
intention of the legislation. It must be introduced to Parliament as a Bill
first.
A BILL FOR AN ACT

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The Preamble
It is an aid to construction to explain the reasons for an enactment
They are seldom used nowadays and are limited to Acts dealing with
constitutional matters or the application of international conventions or
Acts of historical or ceremonial nature.

Enacting formula
This is generally provided for in the Constitution, the Interpretation Act or
other legislation dealing with this and other matters concerned with the
procedure of Parliament.
ENACTED by Parliament as followsIt comes right after the long title.
Question 5: The Kenyan Government has
decided to establish a corporation to establish
a corporation to be known as the Nuclear
Atomic Commission. The Commissions primary
mandate shall be to prepare Kenya for the
production of nuclear energy and to manage
any such nuclear plants. The commission must
have between three and five members,
including the chairperson. The members must
be Kenyan and must be qualified in sciencerelated fields. At least one must be a lawyer to
provide guidance on legal matters.
You are a parliamentary counsel in the Drafting
Department. Prepare the draft Bill establishing
the commission. [15 marks]

POSSIBLE DRAFTING QUESTIONS YOU MUST ATTEMPT NJERI!!!

Question 6 (b); Prepare an amendment Bill to
Article 97 and 98 of the constitution to ensure
that the one third gender rule is observed in
the membership of the National Assembly and
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the Senate. [The relevant provisions of the

Constitution are reproduced for ease of reference.]
Question
You are a drafter in the State Law Office. (Using
instructions in question 5 above,) prepare an
amendment Bill creating the Authority to
implement the Sexual Offences Act.

Question;
[facts provided] Prepare the Bill establishing
the Commission. The Bill should establish the
Commission as a body corporate with all
attributes of a legal person. Provide for
appointment
of
Commissioners
by
the
President upon approval by parliament.
The Bill must clearly provide for:
a) appropriate title;
b) establishment of the Commission and its
composition;
c) objects and functions of the Commission;
d) term of office, and
e) clause on offences.
Do not include provisions on reporting and
finances.
(15
marks)
Question 5:
[Instructions given] Draft the Bill
(15
marks)

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