Constitution of Kenya

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HomeBrud.gifLegal System of KenyaBrud.gifConstitution of Kenya

This page refers to the Constitution of Kenya, 2010 that was endorsed on 4th August 2010. Kenya also has Old Constitution of Kenya, The Bomas Draft and the Wako Draft (which was subjected to the referendum on 21st November 2005).

Contents

PREAMBLE

CHAPTER ONE: SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION

CHAPTER TWO: THE REPUBLIC

CHAPTER THREE: CITIZENSHIP

CHAPTER FOUR: THE BILL OF RIGHTS

Part 1: General Provisions Relating to the Bill of Rights

  • Article 19: Rights and fundamental freedoms.
  • Article 20: Application of Bill of Rights.
  • Article 21: Implementation of rights and fundamental freedoms.
  • Article 22: Enforcement of Bill of Rights.
  • Article 23: Authority of courts to uphold and enforce the Bill of Rights.
  • Article 24: Limitation of rights or fundamental freedoms.
  • Article 25: Fundamental Rights and freedoms that may not be limited.

Part 2: Rights and Fundamental Freedoms

  • Article 26: Right to life.
  • Article 27: Equality and freedom from discrimination.
  • Article 28: Human dignity.
  • Article 29: Freedom and security of the person.
  • Article 30: Slavery, servitude and forced labour.
  • Article 31: Privacy.
  • Article 32: Freedom of conscience, religion, belief and opinion.
  • Article 33: Freedom of expression.
  • Article 34: Freedom of the media.
  • Article 35: Access to information.
  • Article 36: Freedom of association.
  • Article 37: Assembly, demonstration, picketing and petition.
  • Article 38: Political rights.
  • Article 39: Freedom of movement and residence.
  • Article 40: Protection of right to property.
  • Article 41: Labour relations.
  • Article 42: Environment.
  • Article 43: Economic and social rights.
  • Article 44: Language and culture.
  • Article 45: Family.
  • Article 46: Consumer rights.
  • Article 47: Fair administrative action.
  • Article 48: Access to justice.
  • Article 49: Rights of arrested persons.
  • Article 50: Fair hearing.
  • Article 51: Rights of persons detained, held in custody or imprisoned.

Part 3: Specific Application of Rights

  • Article 52: Interpretation of Part.
  • Article 53: Children.
  • Article 54: Persons with disabilities.
  • Article 55: Youth.
  • Article 56: Minorities and marginalised groups.
  • Article 57: Older members of society.

Part 4: State of Emergency

  • Article 58: State of emergency.

Part 5: Kenya National Human Rights and Equality Commission

  • Article 59: Kenya National Human Rights and Equality Commission.

CHAPTER FIVE: LAND AND ENVIRONMENT

Part 1: Land

  • Article 60: Principles of land policy.
  • Article 61: Classification of land.
  • Article 62: Public land.
  • Article 63: Community land.
  • Article 64: Private land.
  • Article 65: Landholding by non: citizens.
  • Article 66: Regulation of land use and property.
  • Article 67: National Land Commission.
  • Article 68: Legislation on land.

Part 2: Environment and Natural Resources

  • Article 69: Obligations in respect of the environment.
  • Article 70: Enforcement of environmental rights.
  • Article 71: Agreements relating to natural resources.
  • Article 72: Legislation relating to the environment.

CHAPTER SIX: LEADERSHIP AND INTEGRITY

  • Article 73: Responsibilities of leadership.
  • Article 74: Oath of office of State officers.
  • Article 75: Conduct of State officers.
  • Article 76: Financial probity of State officers.
  • Article 77: Restriction on activities of State officers.
  • Article 78: Citizenship and leadership.
  • Article 79: Legislation to establish the ethics and anti: corruption commission.
  • Article 80: Legislation on leadership.

CHAPTER SEVEN: REPRESENTATION OF THE PEOPLE

Part 1: Electoral System and Process

  • Article 81: General principles for the electoral system.
  • Article 82: Legislation on elections.
  • Article 83: Registration as a voter.
  • Article 84: Candidates for election and political parties to comply with code of conduct.
  • Article 85: Eligibility to stand as an independent candidate.
  • Article 86: Voting.
  • Article 87: Electoral disputes.

Part 2: Independent Electoral and Boundaries Commission and Delimitation of Electoral Units

  • Article 88: Independent Electoral and Boundaries Commission.
  • Article 89: Delimitation of electoral units.
  • Article 90: Allocation of party list seats.

Part 3: Political Parties

  • Article 91: Basic requirements for political parties.
  • Article 92: Legislation on political parties.

CHAPTER EIGHT: THE LEGISLATURE

Part 1: Establishment and Role of Parliament

  • Article 93: Establishment of Parliament.
  • Article 94: Role of Parliament.
  • Article 95: Role of the National Assembly.
  • Article 96: Role of the Senate.

Part 2: Composition and Membership of Parliament

  • Article 97: Membership of the National Assembly.
  • Article 98: Membership of the Senate.
  • Article 99: Qualifications and disqualifications for election as member of Parliament.
  • Article 100: Promotion of representation of marginalised groups.
  • Article 101: Election of members of Parliament.
  • Article 102: Term of Parliament.
  • Article 103: Vacation of office of member of Parliament.
  • Article 104: Right of recall.
  • Article 105: Determination of questions of membership.

Part 3: Offices of Parliament

  • Article 106: Speakers and Deputy Speakers of Parliament.
  • Article 107: Presiding in Parliament.
  • Article 108: Party leaders.

Part 4: Procedures for Enacting Legislation

Part 5: Parliament’s General Procedures and Rules

  • Article 117: Powers, privileges and immunities.
  • Article 118: Public access and participation.
  • Article 119: Right to petition Parliament.
  • Article 120: Official languages of Parliament.
  • Article 121: Quorum.
  • Article 122: Voting in Parliament.
  • Article 123: Decisions of Senate.
  • Article 124: Committees and Standing Orders.
  • Article 125: Power to call for evidence.

Part 6: Miscellaneous

  • Article 126: Location of sittings of Parliament.
  • Article 127: Parliamentary Service Commission.
  • Article 128: Clerks and staff of Parliament.

CHAPTER NINE: THE EXECUTIVE

Part 1: Principles and Structure of the National Executive

  • Article 129: Principles of executive authority.
  • Article 130: The National Executive.

Part 2: The President and Deputy President

  • Article 131: Authority of the President.
  • Article 132: Functions of the President.
  • Article 133: Power of mercy.
  • Article 134: Exercise of presidential powers during temporary incumbency.
  • Article 135: Decisions of the President.
  • Article 136: Election of the President.
  • Article 137: Qualifications and disqualifications for election as President.
  • Article 138: Procedure at presidential election.
  • Article 139: Death before assuming office.
  • Article 140: Questions as to validity of presidential election.
  • Article 141: Assumption of office of President.
  • Article 142: Term of office of President.
  • Article 143: Protection from legal proceedings.
  • Article 144: Removal of President on grounds of incapacity.
  • Article 145: Removal of President by impeachment.
  • Article 146: Vacancy in the office of President.
  • Article 147: Functions of the Deputy President.
  • Article 148: Election and swearing: in of Deputy President.
  • Article 149: Vacancy in the office of Deputy President.
  • Article 150: Removal of Deputy President.
  • Article 151: Remuneration and benefits of President and Deputy President.

Part 3: The Cabinet

  • Article 152: Cabinet.
  • Article 153: Decisions, responsibility and accountability of the Cabinet.
  • Article 154: Secretary to the Cabinet.
  • Article 155: Principal Secretaries.

Part 4: Other Offices

  • Article 156: Attorney: General.
  • Article 157: Director of Public Prosecutions.
  • Article 158: Removal and resignation of Director of Public Prosecutions.

CHAPTER TEN: JUDICIARY

Part 1: Judicial Authority and Legal System

  • Article 159: Judicial authority.
  • Article 160: Independence of the Judiciary.
  • Article 161: Judicial offices and officers.
  • Article 162: System of courts.

Part 2: Superior Courts

  • Article 163: Supreme Court.
  • Article 164: Court of Appeal.
  • Article 165: High Court.
  • Article 166: Appointment of Chief Justice, Deputy Chief Justice and other judges.
  • Article 167: Tenure of office of the Chief Justice and other judges.
  • Article 168: Removal from office.

Part 3: Subordinate Courts

  • Article 169: Subordinate courts.
  • Article 170: Kadhis’ Courts.

Part 4: Judicial Service Commission

  • Article 171: Establishment of the Judicial Service Commission.
  • Article 172: Functions of the Judicial Service Commission.
  • Article 173: Judiciary Fund.

CHAPTER ELEVEN: DEVOLVED GOVERNMENT

Part 1: Objects and Principles of Devolved Government

Part 2: County Governments

  • Article 176: County governments.
  • Article 177: Membership of county assembly.
  • Article 178: Speaker of a county assembly.
  • Article 179: County executive committees.
  • Article 180: Election of county governor and deputy county governor.
  • Article 181: Removal of a county government.
  • Article 182: Vacancy in the office of county governor.
  • Article 183: Functions of county executive committees.
  • Article 184: Urban areas and cities.
  • Article 185: Legislative authority of county assemblies.

Part 3: Functions and Powers of County Governments

  • Article 186: Respective functions and powers of national and county governments.
  • Article 187: Transfer of functions and powers between levels of government.

Part 4: The Boundaries of Counties

  • Article 188: Boundaries of counties.

Part 5: Relationships Between Governments

  • Article 189: Cooperation between national and county governments.
  • Article 190: Support for county governments.
  • Article 191: Conflict of laws.

Part 6: Suspension of County Governments

  • Article 192: Suspension of county government.

Part 7: General

  • Article 193: Qualifications for election as member of county assembly.
  • Article 194: Vacation of office of member of county assembly.
  • Article 195: County assembly power to summon witnesses.
  • Article 196: Public participation and county assembly powers, privileges and immunities.
  • Article 197: County assembly gender balance and diversity.
  • Article 198: County government during transition.
  • Article 199: Publication of county legislation.
  • Article 200: Legislation on Chapter.

CHAPTER TWELVE: PUBLIC FINANCE

Part I: Principles and Framework of Public Finance

  • Article 201: Principles of public finance.
  • Article 202: Equitable sharing of national revenue.
  • Article 203: Equitable share and other financial laws.
  • Article 204: Equalisation Fund.
  • Article 205: Consultation on financial legislation affecting counties.

Part 2: Other Public Funds

  • Article 206: Consolidated Fund and other public funds.
  • Article 207: Revenue Funds for county governments.
  • Article 208: Contingencies Fund.

Part 3: Revenue: Raising Powers and the Public Debt

  • Article 209: Power to impose taxes and charges.
  • Article 210: Imposition of tax.
  • Article 211: Borrowing by national government.
  • Article 212: Borrowing by counties.
  • Article 213: Loan guarantees by national government.
  • Article 214: Public debt.

Part 4: Revenue Allocation

  • Article 215: Commission on Revenue Allocation
  • Article 216: Functions of the Commission on Revenue Allocation
  • Article 217: Division of revenue
  • Article 218: Annual Division and Allocation of Revenue Bills
  • Article 219: Transfer of equitable share

Part 5: Budgets and Spending

  • Article 220: Form, content and timing of budgets.
  • Article 221: Budget estimates and annual Appropriation Bill.
  • Article 222: Expenditure before annual budget is passed.
  • Article 223: Supplementary appropriation.
  • Article 224: County appropriation Bills.

Part 6: Control of Public Money

  • Article 225: Financial control.
  • Article 226: Accounts and audit of public entities.
  • Article 227: Procurement of public goods and services.

Part 7: Financial Officers and Institutions

  • Article 228: Controller of Budget.
  • Article 229: Auditor: General.
  • Article 230: Salaries and Remuneration Commission.
  • Article 231: Central Bank of Kenya.

CHAPTER THIRTEEN: THE PUBLIC SERVICE

Part 1: Values and Principles of Public Service

  • Article 232: Values and principles of public service.

Part 2: The Public Service Commission

  • Article 233: The Public Service Commission.
  • Article 234: Functions and powers of the Public Service Commission.
  • Article 235: Staffing of county governments.
  • Article 236: Protection of public officers.

Part 3: Teachers Service Commission

  • Article 237: Teachers Service Commission.

CHAPTER FOURTEEN: NATIONAL SECURITY

Part 1: National Security Organs

  • Article 238: Principles of national security.
  • Article 239: National security organs.
  • Article 240: Establishment of the National Security Council.

Part 2: The Kenya Defence Forces

  • Article 241: Establishment of Defence Forces and Defence Council.

Part 3: The National Intelligence Service

  • Article 242: Establishment of National Intelligence Service.

Part 4: The National Police Service

  • Article 243: Establishment of the National Police Service.
  • Article 244: Objects and functions of the National Police Service.
  • Article 245: Command of the National Police Service.
  • Article 246: National Police Service Commission.
  • Article 247: Other police services.

CHAPTER FIFTEEN: COMMISSIONS AND INDEPENDENT OFFICES

  • Article 248: Application of Chapter.
  • Article 249: Objects, authority and funding of commissions and independent offices.
  • Article 250: Composition, appointment and terms of office.
  • Article 251: Removal from office.
  • Article 252: General functions and powers.
  • Article 253: Incorporation of commissions and independent offices.
  • Article 254: Reporting by commissions and independent offices.

CHAPTER SIXTEEN: AMENDMENT OF THIS CONSTITUTION

  • Article 255: Amendment of this Constitution.
  • Article 256: Amendment by parliamentary initiative.
  • Article 257: Amendment by popular initiative.

CHAPTER SEVENTEEN: GENERAL PROVISIONS

  • Article 258: Enforcement of this Constitution.
  • Article 259: Construing this Constitution.
  • Article 260: Interpretation.

CHAPTER EIGHTEEN: TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

  • Article 261: Consequential legislation.
  • Article 262: Transitional and consequential provisions.
  • Article 263: Effective Date.
  • Article 264: Repeal of previous constitution.

SCHEDULES

  • First Schedule Counties
  • Second Schedule National symbols
  • Third Schedule National Oaths and affirmations
  • Fourth Schedule Distribution of functions between National and the county governments
  • Fifth Schedule Legislation to be enacted by Parliament
  • Sixth Schedule Transitional and consequential provisions

Related Topics

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