DRAFT BILL

THE CONSTITUTION OF THE

REPBULIC OFKENYA

DATED AND ISSUED AT NAIROBI AT 11.00A.M. FRIDAY THE 27TH DAY OF

SEPTEMBER, 2002

TABLE OF CONTENTS
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER ONE
1.
2.
3.
4.
5.

- SOVEREIGNTY OF THE PEOPLE AND THE

SUPREMACY OF THE CONSTITUTION
Sovereignty of the people
Supremacy of the Constitution
Enforcement of the Constitution
Defence of the Constitution
The Laws of Kenya

CHAPTER TWO 6.
7.
8.
9.
10.
11.
12.
13.

THE REPUBLIC

Declaration of the Republic

Territory
Capital
Languages
State and religion
National symbols
National oaths and affirmations
National Days

CHAPTER THREE - NATIONAL GOALS, VALUES AND

PRINCIPLES
14.
15.

National goals, values and principles

Duties of a citizen

CHAPTER FOUR - CITIZENSHIP

16.
17.
18.
19.
20.
21.

General principles concerning citizenship

Retention of existing citizenship
Acquisition of citizenship
Citizenship by birth
Citizenship and marriage
Citizenship by naturalization

22.
23.
24.
25.
26.
27.
28.

Children found in Kenya and adopted children

Dual citizenship
Cessation of citizenship
Citizenship of parent dying before birth of a person
Residence
Powers of Parliament
Citizenship Registration Board

CHAPTER FIVE
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63

THE BILL OF RIGHTS

Fundamental rights and freedoms

Duty of the state to promote rights and freedoms
Limitation of rights
Right to life
Equality
Freedom from discrimination
Women
Older members of society
Children
The family
Persons with disability
Human dignity
Freedom and security of the person
Slavery, servitude and forced labour
Privacy
Freedom of religion, belief and opinion
Freedom of expression
Publication of opinion
Access to information
Freedom of association
Assembly, demonstration, picketing and petition
Political rights
Freedom of movement and residence
Refugees and asylum
Freedom of trade, occupation and profession
Property
Labour relations
Social Security
Health
Education
Housing
Food
Water
Sanitation
E i
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64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.

Consumer rights
Fair administration
Right not to obey unlawful instructions
Access to courts
Rights of arrested persons
Fair trial
Rights of persons held in custody
State of emergency
Application of the Bill of Rights
Right to ask the Commission on Human Rights and
Administrative Justice or court to uphold the Bill of Rights
Authority of the court to uphold and enforce the Bill of Rights
Interpretation of the Bill of Rights
CHAPTER SIX REPRESENTATION OF THE PEOPLE
Part I The Electoral System and Process

76.
77.
78.
79.
80.
81.
82.

General principles
Elections
The right to vote
Qualifications for registration
Disqualification from registration
Voting
Unopposed candidates
Part II The Electoral Commission

83.
84.
85.
86.

The Electoral Commission

Functions of Electoral Commission
Staff of the Electoral Commission
Delimitation of constituencies
Part III Political Parties

87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97

Right to form a political party

Roles and functions of political parties
Registration of political parties
Qualifications for registration
Corporate status
Cancellation of registration
Political Parties Fund
Sources of the Fund
Purposes of the Fund
Other sources of funds of political parties
S
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98.
99.
100.

Party discipline
Restriction on use of public resources
Restriction on holding of office in political parties

CHAPTER SEVEN - THE LEGISLATURE

Part I Parliament
101.
102.
103.
104.

Establishment of Parliament
Role of Parliament
Approval of appointments by Parliament
Approval of expenditure by Parliament

Part II Composition of Parliament and qualifications of members

105.
106.
107.
108.
109.
110.
111.
112.

Structure of Parliament
Members of the National Council
Members of the National Assembly
Qualifications and disqualifications of members
Representation of women
Election of members of Parliament
Tenure of office of members of Parliament
Recall of a member of Parliament

Part III Presiding Officers and other Functionaries

113.
114.
115.
116.
117.
118.
119.
120.
121.
122.

Speaker and Deputy Speaker of National Council

Presiding in the National Council
Clerk of the National Council
The Speaker and Deputy Speaker of the National Assembly
Presiding in the National Assembly
Clerk of the National Assembly
Transaction of business
Leader of Minority Party
Emoluments of members of Parliament
Determination of questions of membership

Part IV - Legislation and Procedure in Parliament

123.
124.
125.
126.
127.
128.

Exercise of legislative powers.

Presidential assent and reference
Advisory opinion on constitutionality and reconsideration
Other reservations and reconsideration
Consideration by the other House
Coming into force of law

129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.

Right to petition Parliament

Introduction of Bills in Parliament
Registry and custody of law
Restrictions with regard to certain financial measures
Quorum
Official languages
Voting in Parliament
Regulation of procedure in Parliament
Contents of Standing Orders
Introduction and types of Bills
Allocation of time for Bills
Committees of Parliament
Part V Seat and Calendar of Parliament

141.
142.
143.

Seat of Parliament
Dissolution and prorogation
No confidence motion
Part VI - Miscellaneous

144.
145.
146.
147.

Freedom of speech and debate

Powers, privileges and immunities
Public access and participation
Parliamentary Service Commission
CHAPTER EIGHT - THE EXECUTIVE
Part I Principles and Structure of the National Executive

148.
149.

Principles of executive authority

Structure of the National Executive
Part II The President and Vice-President

150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160

Authority of President
State functions of President
Legislative functions of President
Decisions of President
Curtailment of presidential powers
Right to vote and timing of presidential elections
Qualifications for election as President
Procedure at presidential election
Questions as to validity of presidential elections
Assumption of office of President
T
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161. Protection of President in respect of legal proceedings during

office
162. Removal of President on grounds of incapacity
163. Impeachment and removal of President
164. Vacancy in the office of President
165. Office of Vice-President
166. Vacancy in the office of the Vice-President
167. Functions of Vice-President
168. Death before assuming office
169. Salary and allowances of President and Vice-President
Part III The Prime Minister and Cabinet
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.

Prime Minister
Appointment of Prime Minister
Term of office
Resignation of Prime Minister
Dismissal of Prime Minister
Cabinet
Decisions, responsibility and accountability of Cabinet
Assignment of functions
Conduct of members of the Cabinet
Salaries and allowances of the Prime Minister, the Deputy
Prime Ministers, Ministers and Deputy Ministers
180. Absence of Vice President, Prime Minister, Deputy Prime
Ministers, Ministers and Deputy Ministers from the Republic
181. Permanent Secretaries
182. Oath or affirmation of Ministers and Permanent Secretaries
183. Offices of the Republic

184.
185.
186.
187.
188.
189.
190.
191.
192.
193.
194.
195.
196.
197

CHAPTER NINE - JUDICIAL AND LEGAL SYSTEM

Part I: Judicial System
Judicial Power
Hierarchy of the courts
Independence of the Judiciary
The Supreme Court
General jurisdiction of the Supreme Court
Supervisory jurisdiction of the Supreme Court
The Court of Appeal
Jurisdiction of the Court of Appeal
The High Court
Jurisdiction of the High Court
Appointment of judges
Qualifications for appointment of judges
Tenure of office of judges
R
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198.
199.
200.
201.
202.
203.
204.
205.
206.
207.

Subordinate courts
The Kadhis courts
Jurisdiction of Kadhis courts
Appointment of Kadhis
Qualifications for appointment of Kadhis
The Rules Committee
Judicial Service Commission
Functions of Judicial Service Commission
Appointment and removal of certain judicial officers
Salaries and retirement benefits
Part II Legal System

208.
209.
210.
211.

Attorney-General
Director of Public Prosecutions
Public Defender
Prerogative of mercy
Part III Legal Profession

212.

The profession of law

CHAPTER TEN DEVOLUTION OF POWERS
Part I Principles and Objectives of Devolution

213.

General principles
Part II The Organization of Devolution

214.
215.
216.
217.
218.
219.

Principles of Devolved Government

Levels of Government
Village Government
Locational Government
District Government
Provincial Government
Part III Powers of Devolved Governments and
Intergovernmental Relations

220.
221.
222.
223.
224.
225

Powers of District Government

Functions of Provincial Government
Urban Government
Staffing of Devolved Authorities
Financial arrangements
C
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226. Share of national resources

227. Intergovernmental relations
228. Prohibition against holding elective office at national and
devolved levels
229. Co-operation between District Councils
230. Legislative provisions for devolution
231. Interpretation
CHAPTER ELEVEN - LAND AND PROPERTY
232.
233.
234.
235.
236.
237.
238.

Land policy framework

Ownership of land
Classification of land
Tenure of land
Protection of property in land
Establishment of National Land Commission
Interpretation
CHAPTER TWELVE NATURAL RESOURCES

239.
240.
241.
242.

ENVIRONMENT

AND

Environmental protection
National Environment Management Commission
Enforcement of environmental rights
Environmental legislation
CHAPTER THIRTEEN - PUBLIC FINANCE AND
REVENUE MANAGEMENT

2 4 3 . Principles and objects of public finance and revenue

management
244. Imposition of tax
245. The Consolidated Fund
246. Withdrawals from the Consolidated Fund
246A Contingency Fund
246B Financial year estimates
247. Charge on the Consolidated Fund
248. Appropriation Bill
249. Power of Government to borrow or lend
250. Public debt
251. Central Bank of Kenya
252. Functions of the Central Bank
253. Controller of Budget
254. Auditor-General
255. Removal from office of Controller of Budget and AuditorG
l

256.
257.

Accounts and audit

Economic and Social Council

CHAPTER FOURTEEN - THE PUBLIC SERVICE

Part I Public Administration
258.
259.
260.
261.
262.
263.

Values and principles in administration generally

Public Service Commission
Powers and functions of Public Service Commission
Establishment of offices
Appointment of public officers
Protection of public officers
Part II Kenya Police Service

264.
265.
266.

Principles and objects

Establishment of the Kenya Police Service
Appointment of the Commissioner of the Kenya Police Service
Part III Kenya Correctional services

267. Principles and objects

268. Establishment of the Kenya Correctional services
2 6 9 . Appointment of the Director of the Kenya Correctional
services
Part IV Interpretation
270.

Interpretation
CHAPTER FIFTEEN - DEFENCE AND NATIONAL
SECURITY

271.
272.
273.
274.
275.

Principles and objects of defence and national security

Establishment of the National Security Council
Functions of the National Security Council
Defence Forces
Commanding officers
CHAPTER SIXTEEN INTEGRITY

LEADERSHIP

AND

276.
277.

Application of Chapter
Responsibilities of office
CHAPTER SEVENTEEN
COMMISSIONS

278.
279.
280.
281.
282.
283.
284.
285.
286.
287.
288.
289.
290.
291.
292.
293.

- CONSTITUTIONAL

Principles applicable to all Commissions

Objects and independence of Commissions
Incorporation
Composition of Commissions
General functions of Commissions
Proceedings of Commissions
Removal from office
Funds of the Commissions
Annual and other Reports
Special Constitutional Commissions
Commission on Human Rights and Administrative Justice
Ethics and Integrity Commission
Salaries and Remuneration Commission
Teachers Service Commission
Constitution Commission
Constitutional Offices
CHAPTER EIGHTEEN
CONSTITUTION

- AMENDMENT OF THE

294. Constitutional amendment

295. Amendment by Parliament
296. Certificate of compliance
CHAPTER NINETEEN INTERPRETATION
297.

Interpretation
CHAPTER TWENTY TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS

298.
299.

Action by Parliament
Transitional and consequential provisions
SCHEDULES

PREAMBLE
We, the people of Kenya
A W A R E of our ethnic, cultural and religious diversity and
determined to live in peace and unity as one indivisible sovereign
nation:
COMMITTED to nurturing and protecting the well-being of the
individual, the family and the community within our nation:
RECOGNISING the aspirations of our women and men for a
government based on the essential values of freedom, democracy,
social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine
the form of governance of our country and having fully
participated in the constitution making process:
Do adopt, enact and give to ourselves and to our future
generations this Constitution.

GOD BLESS KENYA

CHAPTER ONE
SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THE
CONSTITUTION
Sovereignty of the people
1. (1) All sovereign authority belongs to the people of Kenya and may be
exercised only in accordance with the Constitution.
(2)
The people shall exercise their sovereign power either directly or
through their democratically elected representatives.
(3)

The sovereign authority of the people is allocated separately among

(a) The Legislature, to whom the people entrust the legislative
authority of the Republic, to be exercised in accordance with
Chapter Seven;
(b) The Executive, to whom the people entrust the executive
authority of the Republic, to be exercised in accordance with
Chapter Eight;
(c) The Judiciary and other independent and impartial tribunals, to
whom the people entrust the judicial authority of the republic, to
be exercised in accordance with Chapter Nine; and
(d) The Constitutional Commissions and Offices established by
Chapter Seventeen or elsewhere in the Constitution, to which the
people entrust the protection and development of the
constitutional state, to be secured through the exercise by those
bodies of the functions and powers assigned to them by the
Constitution.

(4)
The right to exercise sovereignty shall not be delegated to any
individual, group or class, and no person shall arrogate to himself or herself,
or exercise any state authority which does not emanate from the Constitution.

Supremacy of the Constitution.

2.

(1)
Kenya is founded on the supremacy of the
Constitution and the rule of law and shall be governed in
accordance with the Constitution.
(2) The Constitution is the supreme law and binds all
authorities and persons throughout the Republic.
(3)The validity, legality or procedure of enactment or
promulgation of this Constitution is not subject to
challenge by or before any court, organ or agency of the
state.
(4)
A law which is inconsistent with the Constitution is
void, to the extent of the inconsistency.
(5)

The Constitution shall be interpreted in a manner

(a)

that promotes the values of good

governance;

(b)

that advances human rights and fundamental

freedoms and the rule of law;

(c)

that permits the creative development of the

provisions of the Constitution and of the
common law of Kenya; and

(d)

that avoids technicalities which defeat the

purpose of the Constitution.

(6)
The Courts, a person or an authority interpreting the
Constitution may refer to matters or materials that will
assist in the purposive interpretation of the Constitution.
Enforcement of the Constitution.
3.

(1)
A person may bring an action in the courts on the
ground that an enactment or anything contained in, or done
under, an enactment is inconsistent with, or is in
contravention of, the Constitution for declaration to that
effect.
(2)
The courts may make an order or give appropriate
ff t t th d l ti i l
(1)

Defence of the Constitution

4.

(1)

Any attempt to establish a system of government

contrary to the
Constitution is unlawful.

(2)

An Act that is prejudicial to the sovereignty of

Kenya is unlawful.

(3)
Parliament may enact legislation to give effect to
this Article.
The Laws of Kenya
5.

(1)

The laws of Kenya comprise (a)

the Constitution;

(b) Acts of Parliament enacted under the Constitution;

(c) African customary law;
(d) Islamic and Hindu personal law;
(e)

the rules of law generally known as the common

law, and the rules of law generally known as the
doctrines of equity as they relate to the practice and
procedures of the Courts of Kenya;

(f)

the East African Community Law; and

(g) Customary international law and international

agreements applicable to Kenya.
(2)
Parliament shall, within two years of the coming into force
of the Constitution, by an Act of Parliament, make the
amendments that are necessary or expedient for bringing the
existing law into conformity with the Constitution.

CHAPTER TWO
THE REPUBLIC
Declaration of the Republic
6. (1)

Kenya is a sovereign Republic.

(2)
The Republic of Kenya is founded on republican principles of
good governance through multiparty democracy, participatory
governance, transparency and accountability, separation of powers,
respect for human rights fundamental freedoms, and the rule of law.
Territory

7.

(1) The territory of the Republic of Kenya comprises the

area described in the First Schedule;
(2) The Republic is divided into the districts and provinces set out in
the Second Schedule;
(3) The sovereignty of the Republic of Kenya over its territory is
subject only to any international obligations that the Republic of Kenya
freely accepts in accordance with the Constitution;
(4) Every citizen has the right and duty to defend the Republic against
any person who threatens the political independence, territorial integrity
or constitutional order of the Republic by unconstitutional means.

Capital
8.

(1)

The capital of Kenya is Nairobi;

(2) Parliament shall enact legislation to provide for the

status and government of Nairobi;
(3) It is the policy of the State to decentralize the headquarters of
national Government departments and national public institutions to all
the provinces equitably.

Languages
9. (1)
The official languages of Kenya are Kiswahili and
English and all official documents shall be made available in both
languages.
(2)

The national language of Kenya is Kiswahili.

(3) The state shall respect and protect the diversity of language of the
people of Kenya and shall promote the development and use of Kiswahili,
indigenous languages, sign language and Braille.
State and religion
10.

(1)

State and religion shall be separate.

(2)

There shall be no state religion.

(3)

The state shall treat all religions equally.

National symbols
11.

The national symbols of the Republic of Kenya, consisting of

(a)

the national flag;

(b)

the national anthem;

(c)

the coat of arms; and

(d)

the Public Seal of Kenya

are as prescribed in the Third Schedule.

National oaths and affirmations
12.

The national oaths and affirmations shall be as prescribed in the Fourth

Schedule.

National Days
13.

(1) The following days shall be observed as National

Days (a)

1st June Madaraka Day;

(b)

12th December Jamhuri Day;

(c)

[the date of enactment of the Constitution] - Katiba

Day.

CHAPTER THREE
NATIONAL GOALS, VALUES AND PRINCIPLES
National goals, values and principles
14.

(1)
The national goals, values and principles contained
in this Chapter apply to the Executive, Parliament, the
Judiciary, local authorities and all other state organs and
officials, citizens and private
bodies whenever any of them
(a)

applies and interprets the Constitution or any

other law; and

(b)

applies, makes and implements policy

decisions.

(2)
The Republic shall promote national unity and
develop the commitment of its citizens to the spirit of
nationhood.
(3)
The Republic shall recognise the diversity of its
people and promote the cultures of its communities.
(4)
The Republic is based on principles of democracy
and shall promote the participation of the people in public
affairs and facilitate the sharing and devolution of power.
(5)
The Republic shall ensure open and transparent
government and the accountability of state officials and
public authorities.
(6) The Republic shall take effective measures to
eradicate all forms of corruption.
(7)
The Republic shall ensure access of the people to
independent, impartial and competent institutions of justice.
(8)
Political parties shall observe democratic principles
in their internal organization and procedures, respect the
rights of others to participate in the political process, and
avoid violence and bribery.

(9)
The Republic shall promote the role of civil society in
governance and facilitate its role in ensuring the accountability of
government.
(10) The Republic is fully committed to respect, protect and
promote human rights and fundamental freedoms and enhance the
dignity of individuals and communities.
(11) The Republic shall ensure the fullest participation of women,
the disabled, and the marginalised communities and sectors of
society in the political, social and economic life of the country.
(12) The State shall implement the principle that one-third of the
members of all elective and appointive bodies shall be women.
(13) The Republic shall recognise the special responsibilities
that the state, society and parents owe to our children and shall
ensure their material and moral well being.
(14) The Republic shall be committed to social justice and,
through appropriate policies and measures, to providing for all
Kenyans the basic needs of food, shelter, clean water, sanitation,
education, health, a clean environment, and security so that they
live a life of dignity and comfort and can fulfil their potential.
(15) The Republic shall promote equitable development,
recognize and enhance the role of science and technology,
eliminate disparities in development between regions of the
country and sectors of society, and manage national resources
fairly and efficiently for the welfare of the people.
(16) The Republic shall recognise its responsibilities to future
generations of Kenyans, by pursuing policies for the sustainable
management of the environment.
(17) The Republic shall be a good citizen of Africa and of the
world and commit itself to work for international peace and
solidarity, equitable development and the promotion of human
rights and fundamental freedoms.
(18) At least once every year, the President shall report to
Parliament and the nation all the measures taken and the progress
achieved in the realization of the national goals, values and
principles set out in this Chapter.

Duties of a citizen
15.

(1)
In order to fulfil the national goals, values, and
principles, all citizens have the duty to
(a)

acquaint themselves with the provisions of

the Constitution and propagate its ideals and
objectives;

(b)

uphold and defend the Constitution and the

law;

(c)

exercise their democratic rights by voting and

being involved in other forms of political
participation;

(d)

engage in work, including home-making, for

the support and welfare of themselves and
their families, for the common good and to
contribute to national development;

(e)

develop their abilities to the greatest possible

extent through acquisition of knowledge,
continuous learning and the development of
skills;

(f)

contribute to the welfare and advancement of

the community where they live;

(g)

strive to foster national unity and live in

harmony with others;

(h)

promote democracy and the rule of law;

(i)

promote family life and act responsibly in the

context of the family;

(j)

protect and safeguard public property from

waste and misuse;

(k)

protect the environment and conserve natural

resources;

(l)

co-operate with law enforcement agencies for

the maintenance of law and order;

(m)

desist from acts of corruption;

(n)

understand and enhance Kenyas place in the

international community.

(2)
The duties set out in clause (1) apply equally
wherever appropriate to non-citizens.

CHAPTER FOUR
CITIZENSHIP

General principles concerning citizenship

16 (1)
Except where the Constitution has made provision to the
contrary, all citizens of Kenya are
(a) equally entitled to the rights, privileges and benefits of
citizenship;
(b) equally subject to the duties and responsibilities of
citizenship; and
(c) equally entitled to a Kenyan passport and to any document
of identification issued by the state to citizens.
Retention of existing citizenship
17.

(1) Every person who immediately before the coming

into force of the Constitution was a citizen of Kenya is a citizen of
Kenya.
(2) Every person who immediately before the coming into force of
the Constitution was not a citizen of Kenya but would have been a
citizen of Kenya if the Constitution had been in force is entitled on
application to be registered as a citizen of Kenya.

Acquisition of citizenship
18. Citizenship may be acquired by
(a)

Birth;

(b)

Registration; and

(c)

Naturalization.

Citizenship by birth
19.

(1)
Every person born after the coming into force of the
Constitution, is a citizen of Kenya if, at the date of the persons
birth, either the mother or the father of the person is a citizen of
Kenya.
(2). A person who is a citizen of Kenya under this Article cannot
be deprived of that citizenship.

Citizenship and marriage

20.

(1) A person who has been married to a citizen of Kenya for a period
of not less than three years is entitled, on application, to be registered
as a citizen of Kenya.
(2) Citizenship is not lost through marriage or the dissolution of
marriage.

Citizenship by naturalization
21. A person who has been lawfully resident in Kenya for a continuous
period of not less than seven years and who satisfies the conditions
prescribed by an Act of Parliament may apply to be naturalized as a citizen
of Kenya.
Children found in Kenya and adopted children
22. (1) A child found in Kenya who appears to be less than eight
years of age, and whose parents are not known, is presumed to be a
citizen of Kenya.
(2)
A child below the age of eighteen years who is not a citizen
of Kenya and who is adopted by a citizen of Kenya is entitled on
application to become a citizen of Kenya.
Dual citizenship
23.

(1)

Dual citizenship is permitted under the laws of Kenya.

(2) A person who as a result of acquiring the citizenship of

another country lost the citizenship of Kenya at any time before
the coming into operation of the Constitution, is entitled on
application to be registered as a citizen of Kenya.

(3) A person who loses citizenship of Kenya as a result of

acquiring the citizenship of another country is entitled, on
renunciation of the citizenship of that other country, to regain
the same citizenship status which the person formerly enjoyed.
Cessation of citizenship
24. A person may be deprived of the citizenship of Kenya only if the
person acquired citizenship by means of fraud, false representation,
concealment of any material fact, or by other unlawful means.
Citizenship of parent dying before birth of a person.
25

(1)
A reference in this Chapter to the citizenship of the parent of a
person at the time of the birth of that person refers in relation to a
person born after the death of the parent, to the citizenship of the
parent at the time of the parents death.
(2)
For the purposes of clause (1), where the death of a parent
occurred before the coming into force of the Constitution, the
citizenship that the parent would have had, if the parent had died after
the coming into operation of the Constitution, shall be deemed to be
the parents citizenship at the time of death.

Residence
26.

(1)
The following persons may enter and reside in Kenya so
long as they comply with the conditions prescribed by Parliament
governing entry and residence
(a)

a former citizen;

(b)

a foreign wife or widow or foreign husband or

widower of a citizen; and

(c)

a child of a citizen.

(2) Parliament shall, within one year of the coming into force
of the Constitution enact legislation governing the entry into and
residence in Kenya, of other categories of persons and providing for
the status of permanent residents.

Powers of Parliament
27.

Parliament may enact legislation (a)

prescribing conditions upon which a person may become a

citizen in terms of the Constitution;

(b)

providing for the acquisition of citizenship of Kenya by persons

who are not eligible or who are no longer eligible to become
citizens under this Chapter;

(c)

relating to the making of applications for citizenship by

registration or naturalization;

(d)

providing for the renunciation by a person of that persons

citizenship of Kenya;

(e)

providing for the deprivation of citizenship; and

(f)

generally giving effect to the provisions of this Chapter.

Citizenship Registration Board

28. (1) There is established the Citizenship Registration Board to deal
with matters provided for under Article 27, consisting of not less than
five and not more than nine members appointed by the President with
the approval of Parliament from among persons of moral standing.

CHAPTER FIVE
THE BILL OF RIGHTS
Fundamental rights and freedoms
29. (1)
The Bill of Rights is the foundation stone
of Kenyas democratic state and is the framework for the
adoption of social, economic and cultural policies.
(2)
The purpose of the recognition and protection of
human rights is to preserve the dignity of individuals and
communities and to promote social justice and the realization
of the potential of all human beings.
(3)

The rights and freedoms set out in this Bill of Rights

(a)

belong to each individual and are not granted

by the state.

(b)

do not exclude other rights which are not

expressly mentioned in this chapter; and

(c)

are subject only to the limitations contained

in the Bill.

Duty of the state to promote rights and freedoms

30.

(1)
The state shall observe, respect, protect, promote and
fulfill the rights and freedoms in this Bill of Rights.
(2)
It is the primary duty of every state organ to give effect
to clause (1) whenever that state organ
(a)

makes policy or enacts law;

(b)

implements policy or legislation;

(c)

performs any of its functions; or

(d)

exercises any of its powers.

(3)

(a)

The state shall take reasonable legislative,

policy and other measures; to achieve the
progressive realisation of the rights guaranteed
in Articles 56, 57, 58, 59, 60, 61 and 62.

(b) Parliament and the Commission on Human Rights

and Administrative Justice shall establish
standards for the achievement of rights mentioned
in clause 3(a).
(4)
The state, through legislative and other instruments,
shall recognise and provide for the role of civil society in the
promotion and protection of the rights and freedoms in this Bill
of Rights.
(5)
The Republic shall fulfil all its international
obligations in respect of human rights and for that purpose(a)

the Republic shall report on time to

international human rights bodies on the
implementation of human rights treaties;

(b)

draft reports intended for submission by the

Republic to international bodies shall be
published in Kenya for two months and
facilities shall be provided for the public to
discuss and debate them before the reports are
revised and submitted;

(c)

the Republic shall facilitate the submission of

alternative drafts by civil society organizations
to international human rights bodies; and

(d) the comments and recommendations of

international bodies shall be disseminated to
the public and the Government shall make a
statement to Parliament on how it intends to
implement those recommendations.

Limitation of rights
31.

(1) A right or freedom set out in the Bill of Rights may

be limited (a)

only by a law of general application;

and

(b)

only to the extent that the limitation is

reasonable and justifiable in an open and
democratic society based on human
dignity, equality and freedom, taking
into account all relevant factors,
including
(i)

the nature of the right;

(ii) the importance of the purpose of

the limitation;
(iii) the nature and extent of the
limitation; and
(iv) the relation between the limitation
and its purpose; and whether
there are less restrictive means to
achieve the purpose.
(2)

Despite clause (1), provision in legislation

(a)

shall not be construed as limiting a right

or freedom set out in the Bill of Rights
unless the provision is clear and specific
about the right or freedom to be limited
and the nature and extent of the limitation.

(b)

shall not limit a right or freedom set out in

the Bill of Rights so as to derogate from
the core or the essential content of the
right.

(3)
The state, or another person claiming that a
particular limitation is permitted in terms of this Article, is
ibl t d
t t t th
t t ib l
th

forum that the requirements of this Article have been

satisfied.
(4)
The provisions of this chapter on equality shall be
qualified to the extent strictly necessary for the application
of Islamic law to persons who profess the Muslim faith in
relation to personal status, marriage, divorce and
inheritance.
Right to life
32.

(1) Everyone has the right to life.

(2) The death penalty is abolished.

Equality
33.

(1) Every person is equal before the law and has the right
to equal protection and equal benefit of the law.
(2)
Equality includes the full and equal enjoyment of all
rights and freedoms.

Freedom from discrimination.

34.

(1)
The state shall not unfairly discriminate directly
or indirectly against anyone on one or more grounds,
including race, sex, pregnancy, marital status, ethnic or
social origin, colour, age, disability, religion, conscience,
belief, culture, language or birth.
(2)
A person shall not unfairly discriminate directly or
indirectly against another person on one or more grounds in
terms of clause (1).
(3)
Despite clause (1), the state may take legislative and
other measures designed to benefit individuals or groups
who are disadvantaged, whether or not as a result of past
discrimination, but any such measure shall
(a)

adequately provide for benefits to be on the

basis of genuine need; and

(b)

be permissible in terms of Article 31 .

Women
35.

(1)
Women have the right to equal treatment with men,
including the right to equal opportunities in political,
economic and social activities.
(2)
Women are entitled to be accorded the same dignity
of the person as men.
(3)
Women and men have an equal right to inherit, have
access to and control property.
(4)
Any law, culture, custom or tradition that
undermines the dignity, welfare, interest or status of
women is prohibited.
(5)

The state shall (a)

protect women and their rights, taking into

account their unique status and natural
maternal role in society; and

(b)

provide reasonable facilities and opportunities

to enhance the welfare of women to enable
them to realise their full potential and
advancement.

Older members of society

36.

(1)
Older members of society are entitled to continue to
enjoy all the rights and freedoms set out in this Bill of
Rights, including a right to
(a)

participate fully in the affairs of society;

(b)

pursue their personal development;

(c)

be free from all forms of discrimination,

exploitation or abuse;

(d)

live with dignity and respect; and

(f)

retain their autonomy.

(2)
Older members of society are entitled to the
reasonable care and assistance of family and state.
(3)
Older members of society have the duty to plan for
their retirement, to share their knowledge and skills with
others, and to remain active in society.
(4)
Relevant ministries, and complaints bodies including
the Commission on Human Rights and Administrative
Justice, shall take special care to equip themselves to
understand and deal with issues affecting the elderly.
Children
37

(1)
Children hold a special place in society. It is the
duty of their parents, wider family, society and the state to
nurture, protect and educate them so that they can develop
in a safe and stable environment in an atmosphere of
happiness, love, respect and understanding and be able to
fulfil their full potential in all respects: physically,
intellectually, emotionally and spiritually, for the benefit of
themselves and society as a whole.
(2)
All children whether born within or outside
wedlock, are equal before the law and have equal rights
under this Constitution.
(3)
A childs best interests are of paramount importance
in every matter concerning the child.
(4)
A childs mother and father, whether married to each
other or not, have an equal duty to protect and provide for
the child.

(5)

Every child has a right to

(a)

a name and a nationality from birth and to

have their birth registered;

(b)

parental care, or to appropriate alternative

care where the child is separated from its
parents;

(c)

free basic education which shall be

compulsory;

(d)

be protected from discrimination, harmful

cultural rites and practices, exploitation,
neglect or abuse;

(e)

be protected from all forms of exploitation

and any work that is likely to be hazardous or
adverse to the childs welfare;

(f)

adequate nutrition, shelter, basic health care

services and social services;

(g)

be free of corporal punishment or other forms

of violence or cruel and inhumane treatment
in schools and other institutions responsible
for the care of children;

(h)

not take part in hostilities or to be recruited

into armed conflicts and to be protected from
situations of armed conflict;

(i)

not be arrested or detained except as a

measure of last resort, and where a child is
arrested or detained

(j)

be so detained only for the shortest

appropriate period of time;

(k)

be kept separate from adults in

custody;

(l)

be accorded legal assistance by

the state;

(m)

be treated in a manner, and to be kept in

conditions that take account of the childs
gender and age;

(n)

have a legal practitioner assigned to the child

by the state and at state expense in
proceedings affecting the child, if injustice
would otherwise result; and

(o)

know of decisions affecting the child, to

express an opinion and have that opinion
taken into account, taking into consideration
the age and maturity of the child and the
nature of the decision.

(7)
Children with special needs, including girls,
orphans, children with disabilities, refugee children, and
homeless children, are entitled to the special protection of
the state and society.
(8)
The state has the obligation to take steps to
implement in law and administration the provisions of the
Constitution and of international instruments and standards
on the rights of the child.
(9)
In this Article child means a person under the age
of eighteen years.
The family
38.

(1)
The state shall recognise the family as the natural
fundamental unit of society and as the necessary basis of
social order
(2)
The family is entitled to the respect and protection of
the state.
(3)

Every person who is at least eighteen years of age

(a)

has the right to marry, based upon the free

consent of the parties; and

(b)

has the right to found a family.

(4)
Parties to a marriage are entitled to equal rights in
the marriage, during the marriage, and at the dissolution of
their marriage.
(5)
Parliament shall enact legislation that, in a manner
consistent with this Article and the other provisions of the
Constitution, recognizes
(a)

marriages concluded under any tradition, or

system of religious, personal or family law; or

(b)

systems of personal and family law under any

tradition, or adhered to by persons professing
a particular religion.

Persons with disability

39.

(1)
Persons with disability are entitled to enjoy all the
rights and freedoms set out in this Bill of Rights, and to
participate as fully in society as they are able.
(2)

The state shall, by legislation and policy measures

(a)

recognise the right of persons with

disabilities to respect and human dignity;

(b)

educate communities and society on the

causes of disability and the need for respect
for the dignity and rights of all;

(c)

ensure that education, institutions and

facilities for disabled persons are as
integrated into society as a whole as is
compatible with the interests of the disabled;

(d)

ensure access to all places, to public transport

and to information and communications to
persons with disabilities, sufficient to
overcome physical and other barriers to
access;

(e)

encourage the development and use of sign

language, Braille and other appropriate means
of communication;

(f)

remove from official usage in any language

words that are demeaning when applied to
persons with disabilities, and to require the
same in private use of language;

(g)

provide for the participation of disabled

persons in decision-making at all levels; and

(h)

facilitate the acquisition of materials and

devices to enable the disabled to overcome
constraints due to the disability.

(3)
Legislation and policy measures provided for in
clause (2) shall, wherever appropriate make special
provision for women with disability.
(4)
For the purposes of this Article disability includes
any physical, sensory, mental or other impairment,
condition, or illness that
(a)

(b)

has, or is perceived, by significant sectors of

the community to have a substantial or long
term adverse effect on a persons ability to
carry out normal day-to-day activities; or
forms the basis of unfair discrimination.

Human dignity
40.

Everyone has inherent dignity and the right to have that

dignity respected and protected.

Freedom and security of the person

41.

Everyone has the right to freedom and security of the

person, which includes the right

(a)

not to be deprived of freedom arbitrarily or

without just cause;

(b)

not to be detained without trial, except during

a state of emergency in which case the
detention is subject to the provisions of
Article 71;

(c)

to be free from all forms of violence from

either public or private sources;

(d)

not to be tortured in any manner, whether

physical or psychological; and

(e)

not to be subjected to corporal punishment or

to be treated or punished in a cruel, inhuman
or degrading manner.

Slavery, servitude and forced labour

42.

(1)

No person may be held in slavery or servitude.

(2)

No person may be required to perform forced labour.

Privacy
43.

Every person has the right to privacy, which includes the

right not to have (a)

their person or home searched;

(b)

their property searched;

(c)

their possessions seized;

(d)

information relating to their family or private affairs

unnecessarily required or revealed; or

(e)

the privacy of their communications infringed.

Freedom of religion, belief and opinion

44

(1)
Every person has the right to freedom of conscience,
religion, thought, belief and opinion.
(2)
Every person has a right, either individually or in
community with others, in public or in private, to manifest any
religion or belief through worship, observance, practice or
teaching.
(3)
Every religious community is entitled at its own
expense to establish and run places of education and to provide
religious instruction for persons of that community in the
course of providing the education.
(4)
Religious observances and religious instruction may be
conducted at state or state-aided institutions, so long as (a) they are conducted on an equitable basis so
that no religion is privileged; and
(b) attendance at such observances or religious
instruction is free and voluntary.
(5) A person may not be deprived of access to any
institution or employment or facility or the enjoyment of any
right for reasons of that persons religious beliefs.
(6)

A person may not be compelled

(a)

to take an oath that is contrary to that persons

religion or belief or that involves expressing a
belief that the person does not hold; or

(b)

to take an oath in a manner that is contrary to

that persons religion or belief or that involves
expressing a belief that the person does not hold;

(c)

to receive religious instruction or to take part in

or attend a religious ceremony or to observe a
day of rest or other observance that relates to a
religion that is not that persons religion;

(d)

by a public body to disclose that persons

religious convictions or beliefs; or

(e)

to do any other act that is contrary to that

persons religion or belief.

Freedom of expression
45.

(1)
Every person has the right to freedom of expression,
which includes:
(a)

freedom of the press and other media;

(b)

freedom to receive or impart information or

ideas;
freedom of artistic creativity; and

(c)
(d)
(2)

academic freedom and freedom of scientific

research.

The right referred to in clause (1) does not extend to(a)

propaganda for war or war-like activities;

(b)

incitement to violence;

(c) advocacy of hatred that is based on

discrimination and that constitutes vilification
of others or incitement to cause harm; or
(d) propagation of all forms of prejudice, leading,
or likely to lead to armed conflict or loss of
life.

Publication of opinion
46.

(1)
Freedom and independence of electronic and print
media of all types are guaranteed.
(2)

(3)

The state shall not (a)

exercise control over, or interfere with, any

writer, editor or publisher of a newspaper or
other institution of the mass media, or

(b)

harass or penalize any such person for any

editorial opinion or view, or the content of
any such publication or dissemination.

Broadcasting and other electronic media have

freedom of establishment, subject only to licensing
procedures that (a)

are designed to ensure the necessary

regulation of the airwaves; and

(b)

are independent of control by government,

political interests or commercial interests.

(4)

All state-owned media shall be independent and

impartial and shall afford fair opportunities and
facilities for the presentation of divergent views and
dissenting opinions.

(5)

Parliament shall not enact any law(a)

requiring prior licensing of any form of

publication or dissemination of information,
comment or opinion; or

(b)

(6)

(7)

permitting censorship of any form of

publication or dissemination of information,
comment or opinion, except as contemplated
in clause (6).

Parliament shall enact law that

(a)

provides for reasonable allocation of air time

by all broadcasting media to political parties
based on proven popular support either
generally or during election campaigns;

(b)

regulates freedom to broadcast in order to

ensure fair election campaigning;

(c)

provides for reasonable prior censorship of

films, video, advertisements or other
electronic media, or of live performances, to
the extent necessary in the public interests.

A law contemplated in clause (6) shall provide for a

body independent of government or political control,
reasonably reflective of the interests of all affected
sections of the community, to exercise any permitted
powers of censorship or classification.

Access to information
47. (1) Every citizen has the right of access to(a)

information held by the state; and

(b)

any information that is held by another person and

that is required for the exercise or protection of any
right or freedom.

(2)
Every person has the right to demand the correction or
deletion of untrue or misleading information which affects the
person.
(3)
The state has the obligation to publish and publicize any
important information affecting the life of the nation.
(4)
Parliament shall, within six months of the coming into
force of the Constitution enact legislation to give effect to this
right.
Freedom of association
48.

(1)
Every person has the right to freedom of
association.
(2)
The right applies to the formation, operation and
continued existence of organisations.
(3)
A person may not be compelled to join any
association of any kind.
(4)
The state shall, through legislation and policy
measures promote and encourage direct and indirect civil
society participation in decision-making and in the
management of public affairs at all levels of government.
(5)
Any legislation that requires civil society
organisations to register or otherwise be subject to control
shall adhere to the following principles(a)

registration may be required only if there is

good reason for it;

(b)

registration shall be in the hands of a body

that is independent of Government or political
control;

(c)

any fee chargeable shall be no more than is

necessary to defray essential expenditure of
the procedure.

(d)

there shall be a right to registration, unless

there is good reason to the contrary;

(e)

any standards of conduct applied to

organisations shall be formulated with input
from affected organisations and not imposed
by Government; and

(f)

de-registration procedures shall provide for a

fair hearing and for a right of appeal to an
impartial and reasonably accessible tribunal.

Assembly, demonstration, picketing and petition

49.

Every person has the right, peaceably and unarmed without

the requirement of prior permission, to assemble, to
demonstrate, to picket, and to present petitions to public
authorities.

Political rights
50.

(1)
Every citizen is free to make political choices, which
includes the right
(a)

to form, or participate in forming, a political

party;

(b)

to participate in the activities of, or recruit

members for, a political party; and

(c)

to campaign for a political party or cause.

(2)
Every citizen has the right to free, fair and regular
elections for (a)

any elective public body or office established

in terms of the Constitution; and

(b)

office bearers of any political party of which

they are a member.

(3)
Every adult citizen has the right in accordance with
relevant legislation
(a)

to be registered as a voter and to vote by

secret ballot in any election referred to in
clause (2); and

Freedom of movement and residence

51.

(1)

Every person has the right to freedom of movement.

(2)

Every person has the right to leave the Republic.

(3)
Every citizen has the right to enter into, remain in
and reside anywhere in, the Republic.
Refugees and asylum
52.

(1)
The right of asylum is recognised and shall be
granted in accordance with the provisions of the
Constitution.
(2)
A person who has sought refuge in Kenya has a right
not to be returned or taken to another country if that person
has a well-founded fear of persecution in that other country
or of other treatment which would justify that persons
being regarded as a refugee.
(3) Within one year of the coming into force of this
Constitution Parliament shall enact a law in compliance
with international law and practice, governing persons who
seek refuge or asylum in Kenya.

Freedom of trade, occupation and profession

53.

(1)
Every citizen has the right to choose his or her
trade, occupation or profession freely.
(2)
The practice of a trade, occupation or profession
may be regulated by law.

Property
54.

(1)
Every person has a right to acquire and own property
either individually or in association with others.
(2)
Parliament shall not enact a law that permits the
state, or any person, to arbitrarily (a)

deprive a person of property of any

description; or

(b)

deprive a person of any interest in, or right

over, such property.

(3)
The state may not deprive a person of property of
any description, or of any interest in, or right over,
property, unless that deprivation (a)

results from an acquisition of land or an

interest in land in accordance with the
provisions of Chapter Eleven; or

(b)

is for a public purpose or in the public interest

and is carried in accordance with an Act of
Parliament that
(i)

requires prompt payment of fair and

adequate compensation to the person,
before the property is taken; and

(ii)

allows any person who has an interest

in, or right over, that property a right
of access to a court of law.

(4)
The right recognized and protected under this Article
does not cover any property that has been unlawfully
acquired.

Labour relations
55.

(1)

Everyone has the right to fair labour practices.

(2)

Every worker has the right to-

(3)

(a)

a fair remuneration;

(b)

reasonable working conditions

(c)

form, join, or participate in the activities and

programmes of a trade union; and

(d)

strike.

Every employer has the right to(a)

form and join an employers organisation;

and

(b)

participate in the activities and programmes

of an employers organisation.

(4)
Every trade union and every employers organisation
has the right to (a) determine its own administration, programmes
and activities;
(b) organise; and
(c) form and join a federation.
(5)
Every trade union, employers organisation and
employer has the right to engage in collective bargaining.

Social security
56.
Every person has the right to social security, including, if
they are unable to support themselves and their dependants,
appropriate social security assistance by the state.
Health
57.

(1)
Every person has the right to health, which includes
the right to health care services, including reproductive
health care.
(2)
No person may be refused emergency medical
treatment.

Education
58.

(1)
Every person has the right to a basic education,
including pre-primary, primary and secondary education.
(2)
The Government shall institute a programme to
implement the right of every child to free and compulsory
primary education.
(3)
The state, through reasonable measures, shall make
progressively available and accessible post-secondary
education.
(4)
Every person has the right to establish and maintain,
at their own expense, independent educational institutions
that meet standards laid down in legislation; and comply
with the requirements of the Constitution.

Housing
59.

(1)
Every person has the right to have access to
adequate housing.
(2)
No person may be evicted from their home, or have
their home demolished, without an order of court made
after considering all the relevant circumstances.
(3)
Parliament may not enact any law that permits or
authorizes arbitrary eviction.

Food
60.
Everyone has the right to be free from hunger and to have
access to food in adequate quantities and of adequate quality and
cultural acceptability.
Water
61.
Everyone has the right to water in adequate quantities and
of satisfactory quality.
Sanitation
62.
Everyone has the right to a reasonable standard of
sanitation, including the ability to dispose of the bodies of the
dead with decency.

Environment
63.

(1)

Everyone has the right (a)

to an environment that is safe for life and

health.

(b)

to have the environment protected, for the

benefit of present and future generations,
through reasonable legislative and other
measures that (i)

prevent pollution and ecological

degradation;

(ii)

promote conservation; and

(iii)

secure ecologically sustainable

development and use of natural
resources while promoting economic
and social development.

(c)
to free access to information about the
environmental situation.
(d)
to compensation for damage arising from the
violation of the rights recognized under this Article.
Consumer rights
64.

(1)

Consumers have the right to (a)

goods and services of appropriate quality;

(b)

the information necessary for them to gain

full benefit from the goods and services;

(c)

the protection of their health, safety, and

economic interests; and

(d)

compensation for defects that cause them

loss or injury.

(2)
Those who offer services shall endeavour to consult
consumers and consumer organizations in connection with
i
th t ff t th

(3)
The principles of this Article apply to goods and
services offered by the public and private persons and
entities, whether in return for consideration or for taxes and
other forms of revenue, or offered free of charge
(4)
An Act of Parliament shall provide for consumer
protection and for fair, honest and decent advertising.
(5) Parliament shall enact legislation to give effect to
the rights in clause (1) and (2), and such legislation shall (a)

provide for the review of administrative

action by a court or, where appropriate, an
independent and impartial tribunal; and

(b)

promote an efficient administration.

Fair administration
65. (1)

Every person has the right to administrative action that

is expeditious, lawful, reasonable and procedurally fair.

(2) Every person whose rights have been adversely

affected by administrative action has the right to be given
written reasons for the action.
(3)
Parliament shall enact legislation to give effect to
the rights in clause (1) and such legislation shall (a)

provide for the review of administrative

action by a court or, where appropriate, an
independent and impartial tribunal; and

(b)

promote an efficient administration.

Right not to obey unlawful instructions

66.

(1)
Every person has a right not to obey unlawful
instructions.
(2)
No person is liable to punishment under any law for
disobeying unlawful instructions.

Access to courts
67.

(1)
Every person has the right to have any dispute that
can be resolved by the application of law decided in a fair
public hearing before a court or, where appropriate, another
independent and impartial tribunal or forum.

Rights of arrested persons

68.

(1)
Every person who is arrested for allegedly
committing an offence has the right (a)

to remain silent;

(b)

to be informed promptly in a language they

understand (i)

of the right to remain silent; and

(ii)

of the consequences of not remaining

silent;

(c)

not to be compelled to make any confession

or admission that could be used in evidence
against that person and where any such
person freely chooses to make any
confession, such confession shall be made
before a Court or Magistrate;

(d)

to be held separately from persons who are

serving sentence;

(e)

to be brought before a court as soon as

reasonably possible, but not later than 48
hours after being arrested or (i)

not later than the end of the first court

day after the expiry of the 48 hours, if
the 48 hours expire outside ordinary
court hours or on a day that is not an
ordinary court day; or

(ii)

if the person is arrested far from a

court, as speedily as possible;

(f)

at the first court appearance after being

arrested, to be charged or to be informed of
the reason for the detention to continue, or to
be released; and

(g)

to be released on bond or bail pending a

charge or trial on reasonable conditions
unless there are compelling reasons to the
contrary.

(2) No person may be remanded in custody for an offence

if that offence is punishable by a fine only or imprisonment
of not more than six months.
Fair trial
69

(1)
Every accused person has the right to a fair trial,
which includes the right (a)

to be presumed innocent until the contrary is proved;

(b)

to be informed of the charge with sufficient detail

to answer it;

(c)

to have adequate time and facilities to

prepare a defence;

(d)

to a public trial before an ordinary court or tribunal;

(e)

to have the trial begin and conclude

without unreasonable delay;

(f)

to be present when being tried;

(g)

to choose, and be represented by, an advocate and to

be informed of this right promptly;

(h)

to have an advocate assigned to the accused person

by the state and at state expense, if substantial
injustice would otherwise result, and to be informed
of this right promptly;

(1)

to remain silent, and not to testify

during the proceedings;

(j)

to adduce and challenge evidence;

(k)

not to be compelled to give self-incriminating

evidence;

(l)

to have without payment the assistance of an

interpreter where the accused person cannot
understand the language used at the trial;

(m)

not to be convicted for an act, or omission, that was

not an offence at the time it was committed or
omitted; but this paragraph does not prevent
conviction and punishment for an act, or omission,
which at the time it was committed was a crime
under general principles of law recognized by the
major legal systems;

(n)

not to be tried for an offence in respect of an act or

omission for which that person has previously been
either acquitted or convicted;

(p)

to the benefit of the least severe of the prescribed

punishments if the prescribed punishment for an
offence has been changed between the time that the
offence was committed, and the time of sentencing;
and

(q)

of appeal to, or review by, a higher court.

(2)
Whenever this Article requires information to be given to a
person, that information shall be given in a language that the
person understands.
(3)
Evidence obtained in a manner that violates any right in
this Bill of Rights shall be excluded if the admission of that
evidence would render the trial unfair or otherwise be detrimental
to the administration of justice.
(4)
An accused person charged with an offence other than an
offence that the court may try by summary procedures shall be
entitled, if they so require, to a transcript of the proceedings of the
trial.
(5)
An accused person has the right to a copy of the record of
proceedings within fourteen days after they are concluded and in
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(6)
A person convicted of a criminal offence and whose appeal
has been dismissed by the highest court to which they are entitled
to appeal, may petition the Supreme Court for a new trial where
new and compelling evidence has become available.
Rights of persons held in Custody
70.

(1)

Persons who are held in custody under the law,

whether sentenced or not, retain all
their
fundamental rights under the Constitution, except to the
extent that a right is clearly incompatible with the fact of
being in custody.
(2)

A person held in custody has the right (a)

to be treated in a way that respects their

human dignity, and not be subject to
discrimination on the basis of any prohibited
ground;

(b)

not to be exploited or abused by staff or

fellow prisoners, and the state shall take
adequate steps to ensure their protection;

(c)

to accommodation and facilities that satisfy

the standards of decent clothing, housing,
food, health, and sanitation guaranteed
elsewhere in this Bill of Rights;

(d)

to reasonable health care at public expense,

and to pay for their own health care by their
own doctors if necessary;

(e)

to exercise, education, and to work, in return

for reasonable remuneration;

(f)

to observe their religion, and not to be

subjected to treatment that violates their
religious practices and convictions;

(g)

to communicate with their lawyers, other

persons whose assistance is necessary,
religious advisers, close family, including

spouses, and are entitled to visits of

reasonable frequency and duration;
(h)

to privacy, including the separation of women

and men, and children and adults, to the
extent compatible with the preservation of
law and order and prison discipline;

(i)

to the separation of women from men and

children from adults;

(j)

to be informed of the rules and decisions that

affect them;

(k)

to a fair hearing in any prison disciplinary

proceedings;

(l)

to fair consideration for parole or remission

of sentence and for other rehabilitative
measures;

(m)

to complain to the prison authorities, the

Commission on Human Rights and
Administrative Justice or any similar
institution, and to communicate with the
press; and

(n)

to vote, but Parliament may enact laws

restricting the right to vote of a person
sentenced to a term of imprisonment of two
years or more.

(3)
The state shall ensure that the prison system, so far
as it relates to convicted prisoners, observes the minimum
standards laid down under relevant international law and
international standards.
State of emergency
71.

(1)
A state of emergency may be declared only in
accordance with Article 151 (4) and only when(a)

the Republic is threatened by war, invasion,

general insurrection, disorder, natural disaster
or other public emergency; and

(b)

the declaration is necessary to restore peace

and order.

(2)
A declaration of a state of emergency, and any
legislation enacted or other action taken in consequence of
that declaration, may be effective only-

(3)

(a)

prospectively; and

(b)

for no more than twenty one days from the

date of the declaration, unless the Parliament
resolves to extend the declaration.

Parliament may extend a declaration of a state of

emergency (a)

by resolution adopted
(i)

following a public
Parliament; and

debate

in

(ii)

by the majorities set out in clause (4);

and

(b) for no more than two months at a time.

(4)
The first extension of a state of emergency shall be
adopted with a supporting vote of sixty five per cent of the
members of Parliament, and any subsequent extension shall
be adopted with a supporting vote of at least seventy five per
cent of the members of Parliament.
(5)

Any competent court may decide on the validity of(a)

a declaration of a state of emergency;

(b)

any extension of a declaration of a state of

emergency; or

(c)

any legislation enacted, or other action taken,

in consequence of a declaration of a state of
emergency.

(6)
Any legislation enacted in consequence of a
declaration of a state of emergency may derogate from this
Bill of Rights only to the extent that (a)
(b)

the derogation is strictly required by the

emergency; and
the legislation (i)

is consistent with Kenyas obligations

under international law applicable to
states of emergency

(ii)

conforms to clause (7); and

(iii)

is published in the Gazette as soon as

reasonably practicable after being
enacted and does not take effect until it
is so published.

(7)
An Act of Parliament that authorizes a declaration of
a state of emergency, or legislation enacted or other action
taken in consequence of any declaration may not permit or
authorize indemnifying the state, or any person, in respect
of any unlawful act.
Application of the Bill of Rights
72.

(1)
The Bill of Rights applies to the interpretation of all
law and binds Parliament, the Executive, the Judiciary, all
organs and agencies of the state and all persons.
(2)
A person enjoys the benefit of any right or freedom
in the Bill of Rights, to the greatest extent possible, given
the nature of the right, and of the person.
(3)
A provision of the Bill of Rights binds a natural or a
juristic person to the extent possible, given the nature of the
right, and the nature of any duty imposed by that right.
(4)
When applying a provision of the Bill of Rights to a
natural or person, as required by clause (2) or (3), a court
(a) in order to give effect to a right or freedom in
the Bill of Rights, shall apply, and if
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legislation does not give effect to that right or

freedom;
(b)

shall adopt the interpretation which most

favours the enforcement of a right or
freedom; and

(c)

may develop rules of the common law to limit

that right or freedom in a manner consistent
with the limitations contemplated in Article
31.

Right to ask the Commission on Human Rights and Administrative

Justice or court to uphold the Bill of Rights.
73.

(1)
A person listed in this Article has the right to
complain to the Commission on Human Rights and
Administrative Justice, or to approach a court of competent
juridiction, alleging that a right in the Bill of Rights has
been denied, violated, infringed or threatened. The persons
who may complain to the Commission or approach a court
are (a)

a person acting in their own interest;

(b)

a person acting on behalf of another person who

cannot act in their own name;

(c)

a person acting as a member of, or in the interest of,

a group or class or persons;

(d)

a person acting in the public interest; and

(e)

an association acting in the interest of its members.

(2)
If a person complains to the Commission on Human Rights
and Administrative Justice, the Commission shall
(a)

investigate the complaint; and

(b)

provide appropriate redress where human rights

have been violated.

(3)
The Chief Justice shall within one year of the coming into
operation of this Constitution, make rules providing for court

proceedings contemplated in clause (1), and those rules shall

satisfy the following criteria (a)

that the rights of standing provided for in this Article

are fully facilitated;

(b)

that formalities for starting proceedings are kept to

the minimum, in particular that the courts will, if
necessary, be prepared to start proceedings on the
basis of informal documentation, such as a letter or
newspaper report;

(c)

that the courts, while observing the rules of natural

justice, shall respond to the justice of the claim and
not be unreasonably restricted by technical
requirements;

(d)

that no fee may be charged for commencing

proceedings under the Article; and

(e)

that organisations or individuals with particular

expertise may appear before the court as amicus
curiae (friend of the court).

Authority of the court to uphold and enforce the Bill of Rights.

74.

(1)
The High Court has jurisdiction to hear applications
for redress for a contravention of the Bill of Rights.
(2)
Parliament shall enact legislation to give original
jurisdiction in appropriate cases to lower courts.
(3)
In any matter brought before it in terms of Article
73, a court may grant appropriate relief, including (a)

a declaration of rights;

(b)

a declaration of invalidity of any law that

infringes the Bill of Rights and is not justified
in terms of Article 31;

(c)

an order of compensation against the state or

any person responsible for the violation of
rights; and

(d)

normal orders of judicial review

(4)
In proceedings against a public authority for a
violation of human rights, a Court may not award costs
against the plaintiff, or applicant, unless the court
determines that the case was frivolous, vexatious or totally
devoid of merit.
(5)
Without prejudice to the full scope of this Bill, it is
the obligation of the state to pass necessary legislation and
establish necessary machinery to give the fullest effect to
its provisions.
Interpretation of the Bill of Rights
75.

(1)
When interpreting the Bill of Rights, a court,
tribunal or forum
(a)

shall promote the values that underlie an open

and democratic society based on human
dignity, equality and freedom;

(b)

shall consider international law; and

(c)

may consider foreign law;

(2)
When interpreting any legislation and when
developing the common law or customary law, every court,
tribunal or forum shall promote the spirit, purport and
objects of the Bill of Rights.
(3)
The Bill of Rights does not deny the existence of
any other rights or freedoms that are recognized or
conferred by common law, customary law or legislation, to
the extent that they are consistent with the Bill.
(4)
When interpreting and applying a particular right or
freedom in respect of the state, claims that the state does
not have the resources to implement the right or freedom,
every state organ, and any court, tribunal or forum, shall be
guided by the following principles:
(a)

It is the responsibility of the state to show that the

resources are not available.

(b)

In allocating resources, the sate has an obligation to

give priority to ensuring the widest possible
enjoyment of the right having regard to prevailing
circumstances, including the vulnerability of the
groups or individuals claiming the violation of their
right;

(c)

A court, tribunal or a Division of the Human Rights

and Administrative Justice Commission may not
interfere with a decision by an organ of the state
concerning the allocation of available resources,
solely on the basis that the court, tribunal or forum
or the Division would have reached a different
conclusion.

CHAPTER SIX
REPRESENTATION OF THE PEOPLE
Part I -The Electoral System and Process
General principles
76.

(1)
The electoral system is based on the right of all
citizens to vote and to stand for election to legislative and
executive bodies.
(2)

Voting is by secret ballot.

(3)

Elections are free and fair.

(5)
Elections shall ensure the fair representation of the
People.
(6)
Elections shall ensure fair representation of women,
the disabled, and minorities.
(7)
Elections are conducted by an independent body
free from political interference.
Elections
77
(1)
Subject to any provisions in the Constitution,
Parliament shall enact a law to provide for(a)

the number of constituencies for the election

of members of Parliament, of the Provincial
Councils, of the District Councils, Locational
Councils, Village Councils and any other
local authority.

(b)

nomination of candidates

(c)

the manner of voting at elections;

(d)

the continuous registration of citizens as

voters;

(e)

the conduct of public elections and referenda;

(2)

(f)

the efficient supervision of public elections

and referenda including voting on the basis of
proportional representation; and

(g)

the registration of, and voting by, citizens

who are outside Kenya.

A political party shall ensure

(a)

that at least one third of its candidates for

direct elections are women, and

(b)

(i)

that fifty per cent of its candidates for

proportional representation at public
elections are women,

(ii)

and that the remaining fifty per cent

are distributed among persons with
disabilities, the youth, ethnic
minorities and other interest groups.

The right to vote

78.

(1) A citizen who is eighteen years of age and above has

the right to vote.
(2)
Administrative arrangements for the registration of
voters and the conduct of elections shall not deny a
citizens right to vote and stand for elections and shall
include a system of continuous registration.

Qualifications for registration

79.

(1)
A citizen qualifies to be registered as a voter for
elections if at the date of the application for registration the
citizen,
(a)

is eighteen years of age and above,

(b)

has been ordinarily resident in the Republic

(i)

for a period of not less than one year

immediately preceding that date, or

(ii)

(c)

for a total period of, not less than four

years in the eight years immediately
preceding that date.

has, for a period of, or periods amounting in

the aggregate to, not less than five months in
twelve months immediately preceding that
date
(i)
been ordinarily resident in the
constituency in which the application
for the registration is made, or
(ii)

has been employed there, has carried on

business or has lawfully possessed
land or residential building in the
constituency

(2)
A citizen who qualifies for registration as a
voter shall only be registered at one place.
Disqualification from registration
80.

(1)

(2)

A citizen is not qualified to be registered

as voter for public election or referenda who(a)

under a law of Kenya is declared to be of

unsound mind; or

(b)

is disqualified by an Act of Parliament for

conviction of an election offence .

The question whether a citizen is disqualified to be

registered as a voter for public elections or referenda
shall be determined by the High Court.

Voting
81.

At every election the Electoral Commission shall ensure

that
(a)
(b)
(c)

the voting procedure is simple and precise;

the ballot box is transparent; and
the votes cast are counted, tabulated and the results
announced by the presiding officer at the polling
stations

Unopposed Candidates
82.

(1)
Where only one candidate is nominated on
nomination day previous to an election, the election shall
nevertheless be held for the purpose of determining the
number of votes obtained by each political party at the
election.
(2)
After the votes have been counted the candidate is
elected.
Part II - The Electoral Commission

Establishment of the Electoral Commission

83.

(1)
There is established the Electoral Commission
consisting of
(a)

the chairperson; and

(b)

not less than eight and not more than ten

other members.

(2)
The chairperson and the other members of the
Commission shall be appointed by the President with the
approval of the National Assembly.
(3)
The Commission shall elect a vice-chairperson from
among its members.
(4)
A citizen is qualified to be appointed the
Chairperson of the Commission if the citizen has held or is
qualified to hold office as a judge of a superior court of
record.
(5)
A citizen is not qualified to be appointed a member
of the Commission if the citizen
(a)
(b)

is a member of Parliament; or
holds or is acting in an office in the public
service or in the Defense Forces of the
Republic.

(6)
At the time of the initial appointment of
commissioners half of the commissioners shall be appointed
for a three year period.
(7)
The office of a member of the Commission becomes
vacant
(a)

at the expiration of a five year term from the

date of appointment renewable once only; or

(b)

if the member becomes disqualified to be

appointed a member of the Commission; or

(c)

if the member is removed from office on the

ground of inability to perform the functions
of office as member, whether arising from
infirmity of body or mind or from any other
causes or of misbehavior; and

(d)

if the member dies or resigns from office.

Functions of Electoral Commission

84.

(1)

The Electoral Commission is responsible for

(a)

the continuous registration of voters;

(b)

the delimitation of electoral constituencies;

(c)

the conduct and supervision of elections and

referenda;

(d)

the promotion of free and fair elections and

referenda;

(e)

the supervision of political parties;

(f)

the management of Political Parties Fund;

(g)

the settlement of electoral disputes;

(h)

the promotion of voter education and culture

of democracy; and

(i)

the facilitation of the observation, monitoring

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(2)
The Electoral Commission is an independent
commission that conducts its work in accordance with the
Constitution.
Staff of the Electoral Commission
85.

The Public Service Commission after consultation with the

Electoral Commission, shall appoint officers and other
employees of the Commission.

Delimitation of Constituencies
86.

(1)
The Electoral Commission shall by order determine
the names and boundaries of the constituencies.
(2)
In demarcating the boundaries of constituencies, the
Electoral Commission shall(a)

consult with all interested parties; and

(b)

take account of population density and the

need to ensure adequate representation for
urban and sparsely-populated rural areas, and
(i)

population trends;

(ii)

means of communications;

(iii)

geographical features;

(iv)

community of interest;

(v)

the boundaries of administrative areas;

and

(vi)

the latest census of the population in

accordance with the law.

(3)
Every ten years, after a census of the population or
sooner if there is a variation in the boundary of an
administrative area, the Commission may carry out a
review and make the necessary alterations of the names and
the boundaries of constituencies.

(4)
An order made under this Article by the
Commission shall be published in the Gazette, and shall
come into effect on the dissolution of Parliament after the
publication of the order.
Part III Political Parties
The right to form a political party
87.

(1)
In accordance with Article 50 any citizen may form
a political party.
(2)
A political party is entitled to financial support from
the state on the basis prescribed in an Act of Parliament.
(3)
No person may use state resources to support any
political party
(4)
Parliament shall enact a law providing for the
regulation of political parties.

Roles and functions of political parties

88.

In order to ensure democracy and the participation of

people, a political party has the responsibility to (a)

mobilize public opinion on matters of national

interest, and foster national values and outlook;

(b) bring together opinions and resources of people with

similar views, interests or persuasion so as to generate
development of the Republic;
(c) provide the means through which the people
participate in the political and constitutional processes
and exercise their civil and political rights;
(d) use its facilities to mediate between civil society and
institutions of the state;
(e) use its facilities to secure representation of the people
in state institutions and offer them economic, political
and social choices through the electoral process, and
bring public opinion to bear on the policies of the
Government;

(f)

ensure that cohesion and discipline in the conduct of

Government is maintained; and

(g) hold the Government accountable to Parliament and

the people.
Registration of political parties
89.

(1)
The Electoral Commission is the registrar of
political parties, and for that purpose shall keep and
maintain a register of political parties.
(2)
Parliament shall by an Act of Parliament provide
for the matters which the register shall contain.

Qualifications for registration

90.

(1)
The Electoral Commission shall register a political
party if that party by its constitution or Articles of
association has a national character with governing body
which seeks,
(a)

to promote and uphold national unity;

(b)

to abide by democratic principles of

governance, and to promote and practice
democracy within the party through regular,
fair and free elections within the party;

(c)

to promote and respect human rights and

gender equality and equity;

(d)

to promote the objects and principles of the

Constitution and the rule of law.

(2)
The Electoral Commission shall not register a
political party if that party
(a) is founded purely on religious, linguistic, racial,
ethnic, sex, corporatist or regional basis or
seeks to engage in propaganda based on any of
those matters;
(b)

does not by its constitution or Articles of

association subscribe to the Code of Conduct
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and its members to observe the Code of

Conduct applicable to political parties as a
legally binding Code.
(3)

A political party shall not(a) engage in, or encourage, violence or

intimidation of its members, supporters or
opponents or any other persons;
(b) establish or maintain a paramilitary militia or
similar organization.

(4)
A political party shall keep proper accounts, and
proper books and records of account in the form approved
by the Auditor-General.
(5)
Within three months after the end of its financial
year, a political party shall submit its accounts and books
and records of account to the Auditor-General for audit.
(6)
The Auditor-General shall within three months of
the submission under clause (5), audit the accounts and
submit the report on the audit to the political party.
(7)
The political party shall within one month of the
receipt of the report of the Auditor-General publish its
accounts in the Gazette and in the national newspapers.
Corporate status
91.

On registration, a political party becomes a body corporate.

Cancellation of registration
92.

(1)
The Electoral Commission shall cancel the
registration of a political party if satisfied that the political
party(a)

is in breach of a provision of Articles 90, 95

and 96 or of a provision of its own
constitution or Articles of Association, or

(b)

has not complied in a material particular with

a provision of Articles 90 and 95, or

(c)

obtained its registration in a fraudulent manner, or

(d)

instigated or connived in the commission of an

election offence, or

(e)

has not, for each of the two previous general

elections secured at least one per cent of the national
vote, or

(f)

has used moneys allocated to it for purposes not

allowed by Article 95.

(2)
Before the Electoral Commission cancels the
registration of a political party, it shall inform the political
party of the intention to cancel the registration, and direct
the political party within ninety days, to remedy the breach
or comply with the law where possible.
(3)
A member of the party aggrieved by the decision of
the Electoral Commission to cancel the registration of a
political party may appeal to the High Court.
Political Parties Fund
93.

(1)
There is established a fund to be known as the
Political Parties Fund.
(2)
The Fund shall be administered by the Electoral
Commission

Sources of the Fund

94.

(1)

The sources of the Fund are(a)

money provided by Parliament each year

equal to not more than decimal three percent
of the national budget for the preceding
financial year; and

(b)

contributions and donations to the Fund from

any other source.

(2)
The moneys in the Fund not immediately required
for payment to political parties shall be invested in such
securities as may be approved by Treasury.

Purposes of the Fund

95.

(1)
Moneys allocated to a registered political party
from the Fund shall be used only-

(2)

(a)

to cover the election expenses of the political

party and the broadcasting of the policies of
the political party;

(b)

for the organization by the political party of

civic education in democracy and the
electoral processes; and

(c)

not more than ten percent for the

administrative expenses of the party.

Moneys allocated by the Electoral Commission to a

political party shall not be used for(a)

paying directly or indirectly remuneration,

fees, rewards, or any other benefit to a
member or supporter of the party; and

(b)

any other purpose incompatible with the

promotion of a multi-party democracy.

(3)
Fifty per cent of the moneys allocated by Parliament
shall be distributed equally among political parties each of
which obtained not less than five per cent of the total votes
cast at the previous parliamentary elections, and the
remaining fifty per cent shall be paid proportionately by
reference to the number of votes secured by each of the
political parties and the number of women candidates
elected in each party.
Other sources of funds for political parties
96.

(1)
are-

The sources of other funds for a political party

(a)

subscriptions and contributions from the

members and supporters; and

(b)

donations to the party by the members and

supporters.

(2)
Parliament shall specify the maximum donation that
an individual or a corporation can make to a political party.
(3)
A political party shall within three months after the
end of its financial year publish the sources of its funds
stating
(a)

the amount of moneys received from the

Electoral Commission,

(b)

the amount of moneys received from its

members and supporters, and

(c)

the donations given to the party, the source

of the donation and the amounts of the
donations.

(4)
The accounts of a political party shall be audited by
the Auditor-General annually and the accounts so audited and
the auditors report shall be forwarded to Parliament and the
Electoral Commission.
(5)
A person who is not a citizen may not make a
donation to a political party.
Supervision of political parties
97.

(1)
The Electoral Commission shall supervise the
conduct of the elections to offices and committees of a
political party.
(2)
A political party shall, within seven months after the
end of its financial year, submit to the Electoral
Commission an annual report on its activities including the
auditors report on its accounts.
(3)
The annual report of a political party may be
inspected during normal office hours by any person.
(4)
The Electoral Commission shall, by order, prescribe
the maximum amounts of moneys that a political party may
spend on each of its candidate for election to a public
office, and the amounts of money that an independent
candidate may spend on an election to a public office.

Party discipline
98.

(1)
The constitution or the Articles of association of a
political party shall contain provisions that ensure internal
discipline consistent with the principles of democracy,
justice and the rule of law.
(2)
A political party shall not punish a Member of
Parliament of the party for anything said in Parliament by
the member in exercise of the privileges of freedom of
speech in Parliament.
(3)
A political party shall conduct its affairs in a manner
that promotes democracy and peaceful politics.
(4)
A Member of Parliament or local council who
resigns from the political party that sponsored the
members election loses the seat.

Restrictions on use of public resources

99

Except as provided for in this Chapter a person, whether or

not a member of a political party, shall not use public
resources to promote the interests of a political party.

Restriction on holding of office in political parties

100

The President and public officials of and above the rank of

Deputy Secretary shall not hold office in a political party.

CHAPTER SEVEN
THE LEGISLATURE
Part 1 Parliament
Establishment of Parliament
(a) There shall be a Parliament of Kenya which shall
consist of the National Council and the National
Assembly.
Role of Parliament
102.

(1)
Parliament represents the cultural diversity of the
people, symbolizes the unity of the nation, and determines
the policy of the Republic.
(2)
In order to ensure that the state functions according
to the will of the people, Parliament has authority to
exercise the sovereignty of the people by
(a)

enacting legislation, and consulting on the

promulgation of regulations;

(a) providing a national forum for the deliberation

on, and resolution of, issues of concern to the people;
(c)

approving the expenditures of the state and

appropriating funds as required to meet those
expenditures;

(d)

considering and passing amendments to the

Constitution, as provided for in Chapter
Eighteen;

(e)

scrutinizing and overseeing actions of the

National Government;

(f)

considering and approving international

treaties;

(g)

confirming the Presidents choice of persons

to serve in the Cabinet;
(h)

advising on, and consenting to,

appointments to be made by the
President as required by the
Constitution or legislation;

(i)

reviewing the conduct in office of the

President, Vice-President, Prime
Minister and other members of the
Cabinet, judicial officers, and other
public officers, and if necessary,
removing them from office, as provided
for in the Constitution; and

(j)

approving declarations of emergency

and war.

(a) Except as provided in this Constitution, a person

or body other than Parliament shall not have power to
make provision having the force of law in Kenya except
under authority conferred by an Act of Parliament.
(a) Parliament shall protect this Constitution and
promote the democratic governance of the Republic.
Approval of appointments by Parliament
103.

(1)
If the Constitution or an Act of Parliament provides
for an appointment to be made with the approval of
Parliament, that appointment shall not be made until it has
been
(a) reviewed by the relevant committee of
Parliament, and
(a) approved by the relevant House of Parliament.
(a) If the Constitution or an Act of Parliament
provides for an appointment to be made with the
approval of a particular committee of Parliament,
th t
i t
t h ll t b
d
til it h

been reviewed by that Committee, and the

Committee has reported the approval to
Parliament.
(3)
Appointments in respect of the following
institutions shall be referred to the National Council for
approval before they are made(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)

Judicial Service Commission;

Ethics and Integrity Commission;
National Land Commission;
National Environmental Management
Commission
Teachers Service Commission
Salaries and Remuneration Commission;
Constitution Commission;
Commission on Human Rights and
Administrative Justice;
Attorney-General;
Director of Public Prosecutions;
Public Defender;
Police Commissioner;
Judges and Chief Kadhi

(4)
Appointments in respect of the following offices
shall be referred to the National Assembly for approval
before they are made (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)

Prime Minister;
Deputy Prime Minister;
Minister;
Deputy Minister;
Permanent Secretary;
Ambassador and High Commissioner;
Electoral Commission;
Auditor-General;
Controller of Budget;
Director of Central Bureau of Statistics; and
Governor of Central Bank of Kenya.

Approval of expenditure by Parliament

104

(1)
Subject to the Constitution Parliament shall control
the revenue and expenditures of the state by

(a)

scrutinizing, amending and approving in

general an annual budget for the Government;
and

(b)

appropriating, by Act of Parliament, the

necessary funds to defray the expenditures
approved in the budget.

(2)
An organ of state shall not expend public funds
unless-
(a)

Parliament has appropriated the necessary

funds for that purpose; or

(b)

the Constitution provides for that expenditure

as a direct charge on the Consolidated Fund.

Part II Composition and Membership of Parliament

Structure of Parliament
105

There shall be two Houses of Parliament

(a) an upper house, called the National Council; and
(b) a lower house, called the National Assembly.

Members of the National Council

106.

(1)

Elections for the National Council shall be held(a)

for seventy members, on the basis of single

member constituencies; and

(b)

thirty seats, for women candidates, on multimember constituencies representing

provinces and Nairobi.

(2) For the purposes of elections under clause (1) (a) the
constituencies shall be based on Districts (including
Nairobi).
(3)
For the purpose of elections under clause (1) (b),
the seats will be distributed as follows(i)

ti

(ii)

two women representing Nairobi

(4) In the elections under clause (3), every voter may

vote for only one candidate, and the candidates, in the case
of provincial seats, who are among the four top, and in the
case of Nairobi seats, the top two candidates, shall be
elected.
Members of the National Assembly
107.

(1)
Elections to the National Assembly shall be based
on the Mixed Member Proportional System in which two
hundred and ten members shall be elected on the basis of
single member constituencies and ninety members shall be
elected on the basis of list of candidates submitted by
political parties contesting the elections.
(2)
The constituency members shall be elected on the
basis of plurality of votes.
(3)
The distribution of seats on the party list shall be
made in such a way as to achieve the highest degree of
proportionality, among the parties.
(4)
Before a general election is held, each political party
contesting the election for constituency based members of
the Assembly shall prepare and submit to the Electoral
Commission a list of persons nominated by that party for
election by proportional representation.
(5)

Each list shall

(a)

rank the nominees in order of priority of

nomination;

(b)

alternate between women and men in the

priority of the nominees;

(c)

take into account the need for representation

of the disabled, youth and minorities; and

(d)

reflect the national character.

(6)
All the votes cast in the Republic in a general
election for constituency members of the National
Assembly shall be totalled according to party affiliation.
(7)
Parliament shall provide the method of allocation of
seats on the basis of the party lists for the purposes of
clause (3) of this Article.
Qualifications and disqualifications of members
108.

(1)
Unless disqualified under clause (2), a person is
eligible to be a member of Parliament if that person
(a)

is a citizen of Kenya;

(b)

has attained the age of thirty-five years in the

case of the National Council;

(c)

has attained the age of twenty-one years in

the case of the National Assembly;

(d)

is qualified to vote in an election for

Parliament;

(e)

has attained at least form four standard of

education with a pass, and is proficient in
Kiswahili and English, but persons who can
only express themselves in sign language are
qualified; and

(f)

satisfies any moral and ethical requirements

prescribed by the Constitution or an Act of
Parliament.

(2)
A person is disqualified from being a member of
Parliament if that person
(a)

holds an elective or appointive office in the

Republic, other than as a Member of
Parliament;

(b)

is of unsound mind;

(c)

is an undischarged bankrupt;

(d)

is serving a sentence of imprisonment for the

commission of a crime;

(e)

has, at any time in the immediately preceding

ten years, been under a sentence of
imprisonment for the commission of a crime,
if that sentence was originally for a period of
three years or more; or

(f)

has been removed from a public office on

grounds of gross misconduct.

(3)
A person who is disqualified in terms of clause
(2)(a) may be a candidate for election as a member of
Parliament, but if elected, may not assume office as a
member of Parliament until the person has
(a)

resigned from that office; or

(b)

been granted leave of absence from office

(4)
A person is not disqualified under clause (2)(d) or
(e) unless all possibility of appeal from the sentence of
imprisonment has been exhausted.
Representation of women
109.

(1)
Subject to clause (2), at least one-third of the
members of each House shall be women.
(2)
Within three years of coming into force of this
Constitution, Parliament shall enact a law to implement the
requirements of Clause (1).

Election of members of Parliament

110.

(1)

Subject to Part V of this Chapter (a)

an election of members of the National

Council shall be held at least forty-five days
before the expiration of the term of the
Council.

(b)

an election of members of the National

A
bl h ll b h ld t l t f t fi

days before the expiration of the term of the

Assembly.
(2)
Whenever a vacancy arises in Parliament, in respect
of a constituency, the Speaker of the respective House
shall notify the Electoral Commission in writing within ten
days after the vacancy has occurred; and a by-election shall
be held within ninety days after the vacancy has occurred.
(3)
A by-election shall not be held within three months
of the holding of a general election of Parliament.
(4)
Every person elected to Parliament shall take and
subscribe to the oath or affirmation of allegiance and the
oath or affirmation of Member of Parliament specified in
the Fourth Schedule to this Constitution.
(5)
Except for the purpose of taking the oaths referred to
in clause (4) of this Article, a person shall not sit or vote in
Parliament before taking and subscribing the oaths.
Tenure of office of members of Parliament
111. (1)
The office of member of Parliament
becomes vacant
(a)

if the member resigns the office in writing

addressed to the respective Speaker;

(b)

if circumstances arise that if the member

were not member of parliament would cause
that person to be disqualified for election as a
member of Parliament;

(c)

subject to the Constitution, upon dissolution

of Parliament;

(d)

if the member is absent from eight sittings of

the House concerned without permission, in
writing, of the respective Speaker during any
period when the House is continuously
meeting, and is unable to offer satisfactory
explanation to the Committee on
Parliamentary Business for the absence;

(e)

if the member is found guilty, by the

appropriate tribunal, of violation of the
Leadership Code of Conduct, and the
punishment imposed is or includes the
vacation of the office of a member of
Parliament;

(f)

if recalled by the electorate in the members

constituency in accordance with the
Constitution;

(g)

if the member leaves the political party for

which the member stood as a candidate for
election to Parliament to join another party or
to remain in Parliament as an independent
member;

(h)

if, having been elected to Parliament as an

independent candidate, the member joins a
political party;

(2)
Membership of a coalition government of which the
members original political party forms part, shall not affect
the status of any member of Parliament.
Recall of a member of Parliament
112.

(1)
Subject to this Article, the electorate of any
constituency has the right to recall their member of
Parliament before the expiry of the term of Parliament.
(2) A member referred to in clause (1) may be recalled
from that office on any of the following grounds (a)

physical or mental incapacity rendering that

member incapable of performing the
functions of the office; or

(b)

misconduct likely to bring hatred, ridicule,

contempt or disrepute to the office; or

(c)

persistent desertion of the electorate without

reasonable cause.

(3) The recall of a member of Parliament shall be initiated

b
titi i
iti
tti
t th
d
li d

and signed by at least thirty per cent of the registered voters

of the constituency, and shall be delivered to the
appropriate Speaker.
(4)
On receipt of the petition, the Speaker shall, within
seven days, require the Electoral Commission to conduct a
public inquiry into the matters alleged in the petition, and
the Electoral Commission shall expeditiously conduct the
necessary inquiry and report its findings to the Speaker.
(5)

The Speaker shall (a)

declare the seat vacant, if the Electoral

Commission reports that it is satisfied, from
the inquiry ,of the validity of the allegations
made in the petition; or

(b)

declare immediately that the petition was

unjustified, if the Commission reports that it
is not satisfied of the validity of the petition.

(6 ) Parliament shall enact a law prescribing the

procedure to be followed for the recall of a member of
Parliament.
Part III Presiding Officers and other Functionaries
Speaker and Deputy Speaker of the National Council.
113.

(1)

There shall be
(a)

a Speaker of the National Council who shall

be elected by the Council, in accordance with
the standing orders, from among persons who
are members of the Council or are qualified to
be elected as such members;

(b)

a Deputy Speaker who shall be elected by the

Council, in accordance with the standing
orders, from among persons who are
members of Council.

(2) If a member of the Council is elected Speaker, he or she

shall resign from membership of the Council and a byl ti
h ll b h ld t fill th

(3) The office of Speaker or the Deputy Speaker becomes

vacant (a)

when a new Council first meets after a

general election to that Council;

(b)

if circumstances arise that would disqualify

that person to be elected as such;

(c)

if that person becomes President, a Vice

President, a Prime Minister, a Deputy Prime
Minister, a Minister or Deputy Minister;

(d)

if the Council so resolves by resolution

supported by the votes of not less than sixtyfive per cent of all its members;

(e)

if that person dies;

(f)

if that person resigns from office in a letter

addressed to the Council.

Presiding in the National Council

114.

(1)
There shall preside at any sitting of the National
Council (a)

the Speaker;

(b)

in the absence of the Speaker, the Deputy

Speaker;

(c) in the absence of the Speaker and the Deputy Speaker

such other member of the Council as the Council may
elect for that purpose.
Clerk of the National Council
115.

(1)
There shall be a Clerk of the National Council who
shall be appointed by the Parliamentary Service
Commission with the approval of the Council.

(2) The office of the Clerk and offices of members of his

staff shall be offices in the parliamentary service,
independent of the public service.
(3) Subject to clause (4) the Clerk shall retire at the age of
sixty-five years.
(4)
The office of the Clerk becomes vacant if the
National Council so resolves by resolution supported by the
votes of a majority of all the members of the Council.
The Speaker and Deputy Speaker of the National Assembly
116.

(1)

There shall be
(b)

a Speaker of the National Assembly who

shall be elected by the Assembly in
accordance with the standing orders, from
among persons who are members of the
Assembly or are qualified to be elected as
such members;

(c)

a Deputy Speaker who shall be elected by the

Assembly in accordance with the standing
orders, from among persons who are
members of the Assembly

(2)
If a member of the Assembly is elected Speaker, he
or she shall resign from the Assembly and a by-election
shall be held to fill the vacancy.
(3) The office of Speaker or the Deputy Speaker shall
become vacant (a)

when a new National Assembly first meets

after the general election to that Assembly;

(b)

if circumstances arise that would disqualify

that person to be elected as such;

(c)

if that person becomes President, a Vice

President, a Prime Minister, a Deputy Prime
Minister, a Minister or Deputy Minister;

(d)

if the Assembly so resolves by resolution

supported by the votes of not less than sixtyfive per cent of all its members;

(e)

if that person dies;

(f)

if that person resigns from office by writing

under that persons hand addressed to
National Assembly.

(3)
The National Assembly shall not transact any
business (other than an election of the Speaker or the
Deputy Speaker) at any time when the office of Speaker or
Deputy Speaker is vacant, but this clause shall not prevent
the transaction of business by a Committee of the
Assembly.
(4)
The Speaker shall be an ex officio member of the
Assembly.
(5)
The Deputy Speaker shall be the Chairman of all
Committees of the whole House.
Presiding in the National Assembly.
117.

(1)
There shall preside at any sitting of the National
Assembly (a)

the Speaker;

(b)

in the absence of the Speaker, the Deputy

Speaker;

(c)

in the absence of the Speaker and the Deputy

Speaker such other member of the Assembly
as the Assembly may elect for that purpose.

Clerk of the National Assembly

118.

(1)
There shall be a Clerk of the National
Assembly
who shall be appointed by the Parliamentary Service
Commission with the approval of the Assembly
(2) The office of the Clerk and offices of members of his
staff shall be offices in the parliamentary service,
i d
d t f th
bli
i

(3) Subject to clause (4) the Clerk shall retire at the age of
sixty-five years.
(4)
The office of the Clerk becomes vacant if the
National Assembly so resolves by resolution supported by
the votes of a majority of all the members of the Assembly.
Transaction of business of Parliament
119.

(1)
A House of Parliament shall not transact any
business (other than an election of the Speaker or the
Deputy Speaker) at any time when the office of Speaker or
Deputy Speaker is vacant, but this clause shall not prevent
the transaction of business by a Committee of the House.
(2) The Speaker of each House of Parliament shall be an
ex officio member of the House.
(3)
The Deputy Speaker of each House of Parliament
shall be the Chairperson of all Committees of the whole
House.

Leader of Minority Party

120.

(1)
The parliamentary parties not forming the
Government shall elect as Leader of the Minority Party in
Parliament, the person who is the leader of the largest
party, or coalition of parties, in Parliament.
(2)

The Leader of the Minority Party shall have (a)

official status immediately following the

President and the Prime Minister;

(b)

the right of participation at all official state

functions; and

(c)

the right of second reply, after the Prime

Minister, to an address to Parliament by the
President.

(3) The standing orders of Parliament shall provide

adequately for the effective participation in Parliament of
the Leader of the Minority Party .

Emoluments of Members of Parliament

121.

(1) A member of Parliament shall be paid such salary,

allowance and benefits as may be determined by the
Salaries and Remuneration Commission.
(2) A member of Parliament shall not hold any office of
profit or engage in an activity likely to compromise the
members office.

Determination of questions of membership

122. (1)
The High Court shall have power to hear and
determine any question whether
(a)

any person has been validly elected or

nominated as a member of Parliament or
the seat of any member has become
vacant;

(b)

any person has been validly elected as

Speaker or Deputy Speaker or, having
been so elected, has vacated the office of
Speaker or Deputy Speaker.

(2)
An appeal from the determination of the High Court
under this Article shall lie to the Court of Appeal.
Part IV - Legislation and Procedure in Parliament
Exercise of legislative powers
123

(1)
Parliament shall exercise its legislative power by
Bills passed by Parliament and assented to by the President.

(2)
A Bill may originate in either House but a money
Bill may originate only in the National Assembly.
(3)
When a Bill has been passed by the House in which
it originated, it shall be sent to the other House.
(4)
When it has been passed by the other House and an
agreement has been reached between the two Houses on any
amendments made in it, it shall be presented to the President
for assent by the Speaker of the House in which the Bill
originated.
(5)
In this Article, money Bill means a Bill that
contains only provisions dealing with-

(6)

(a)

the imposition, repeal, remission, alteration or

regulation of taxes;

(b)

the imposition of charges on the Consolidated Funs

or any other Fund of the Government of Kenya or
the variation or repeal of any such charges;

(c)

the grant of money to any person or authority or the

variation or revocation of such grant;

(d)

the appropriation, receipt, custody, investment, issue

or audit of accounts of public money;

(e)

the raising or guaranteeing of any loan or the

repayment thereof; or

(f)

subordinate matters incidental to any of those

matters.
In clause (5), the expressions tax, public money, and
loan do not include any taxes, money or loans raised by
local authorities.

Presidential assent and reference.

124.

(1)
When Parliament has passed a Bill, the Speaker of
the National Council shall within seven days forward it to
the President
for assent.
(2)
Within seven days after receipt of the Bill, the
President (a)
may submit the Bill to the Supreme Court for
an advisory opinion on the constitutionality of
the Bill and the Supreme Court shall within
fourteen days deliver such opinion; or
(b)

(c)

refer the Bill back to the Speaker for

reconsideration by Parliament, noting any
reservations that the President has concerning
the Bill; or
assent to the Bill.

Advisory opinion on constitutionality and reconsideration

125.

(1)
If a Bill is referred to the Supreme Court for
an advisory opinion concerning its constitutionality,
the President may not assent to the Bill until the court
has delivered an opinion, ruling that the Bill is
constitutional.
(2)
If the Supreme Court delivers an opinion that
the Bill is in any respect not constitutional (a)

Parliament may reconsider the Bill and

amend it; and

(b)

if Parliament amends the Bill, the

Speaker of the National Council or the
National Assembly shall submit it
afresh to the President, for assent.

(3)
If the Supreme Court delivers an opinion that
the Bill is constitutional in all respects, the President
shall assent to the Bill.

Other reservations and reconsideration

126.

(1)
If the President refers a Bill back for
reconsideration by Parliament, Parliament may
either
(a)

amend the Bill in light of the

Presidents reservation; or

(b)

pass the Bill a second time.

(2)
If Parliament has amended the Bill, the
appropriate Speaker shall submit it afresh to the
President for assent.
(3) If Parliament, after considering the Presidents
reservations, passes the Bill a second time, without
amending it
(a)

the appropriate Speaker shall within

seven days re-submit it to the
President; and

(b)

the President shall within seven days

assent to the Bill.

Consideration by the other House

127.

(1)
When legislation has been passed by one House of
Parliament, the Speaker of that House shall refer it to the
Speaker of the other House for introduction, consideration
and passage.
(2)
If both Houses of Parliament do not pass the Bill in
the same form
(a)

(b)

the Speakers of the National Council and the

National Assembly shall appoint a committee
comprising equal numbers of members of the
Council and the Assembly to review the
different versions and attempt to develop a
compromise version; and
if the committee is -

(3)

(i)

unable to agree on a compromise Bill,

either House, by a two-thirds majority
vote, may affirm its original version of
the Bill; or

(ii)

able to agree on a compromise Bill,

each House shall approve or reject the
proposed compromise Bill by a vote
supported by a majority of its
members.

A compromise Bill contemplated in clause (2)(b)(ii)

(a)

shall be referred to the President for

assent if it is approved by both the
National Council and the National
Assembly; or

(b)

shall fail if it is not approved by both the

National Council and the National
Assembly.

Coming into force of laws

128.

(1)
A Bill passed by Parliament and assented to by
the President shall become law and shall be published in
the Gazette as an Act of Parliament.
(2) Unless otherwise specified in an Act of Parliament,
the Act shall come into force on the fourteenth day after it
is published in the Gazette.
(3)
No Act which confers a benefit on Members of
Parliament shall come into force until after the dissolution
of the House which passed the Act.

Right to petition Parliament

129

The right of every person to petition Parliament to enact,

amend or repeal any legislation is reserved.

Introduction of Bills in Parliament

130. (1)
Every Bill introduced in Parliament shall be
accompanied by an explanatory memorandum, in a form to
b d t
i d b th S k
d i
f th C
itt

on Good Governance and Public Participation established

under Article 140..
(2)

An explanatory memorandum shall include

(a)

any public participation

preparation of the Bill; and

during

(b)

any further public participation that is

recommended before the Bill is enacted.

the

(3)
The Committee on Good Governance and Public
Participation shall (a)

determine the nature and extent of public

participation for each Bill introduced in
Parliament; and

(b)

facilitate that participation, and ensure that it

is adequately carried out.

Registry andcustody of law

131.

(1)

Parliament shall enact legislation establishing

(a)

a public registry of Kenyan laws, which shall

be maintained in Kiswahili, English, and
Braille, under the custody of the Speaker of
the National Assembly; and

(b)

additional procedures concerning the coming

into operation, and publication, of Kenyan
laws.

(2)
The copy of each Act of Parliament signed by the
President, and each regulation made in terms of an Act of
Parliament, shall be deposited for safekeeping in the
Registry of Kenyan laws.
(3)
A certified copy of a Kenyan law deposited at the
registry is conclusive evidence of the provisions of that
law.
(4)
The Government shall ensure, as far as practicable,
that Kenyan laws are available and accessible in all public
lib i

Restrictions with regard to certain financial measures.

132. Except with the consent of the Government, signified
by a Minister, Parliament shall not (a)

(b)

Quorum
133.

proceed upon a Bill (including an amendment to a

Bill) that, in the opinion of the person presiding,
makes provision for any of the following purposes(i)

the imposition of taxes or the alteration of

taxes otherwise than by a reduction in or an
increase of allocations, so long as the ceiling
of the total allocation for the financial year is
not altered;

(ii)

the imposition of a charge on the

Consolidated Fund or any other fund of the
Government of Kenya or the alteration of
any such charge otherwise than by reduction;
or

(iii)

the payment, issue or withdrawal from the

Consolidated Fund or any other fund of the
Government of Kenya of moneys not charged
upon the fund or an increase in the amount of
the payment, issue or withdrawal; or

(iv)

the composition or remission of a debt due to

the Government of Kenya; or

proceed upon a motion (including an amendment to

a motion) the effect of which, in the opinion of the
person presiding, would be to make provision for
any of those purposes.

The quorum of either House shall be thirty per cent of all

members of that House.

Official languages
.

134.

The official languages of Parliament shall be Kiswahili,

English and sign language.

Voting in Parliament
135.

(1)
Except as otherwise provided in this Constitution,
any question proposed for decision in Parliament shall be
determined by a majority of the votes of the members
present and voting in either House.
(2)
On a question proposed for decision in either House,
the person presiding in the House shall -

(3)

(a)

if that person is the Speaker, have a casting

vote but not an original vote; or

(b)

if that person is not the Speaker, have both

an original vote and a casting vote.

The standing orders of Parliament shall make

provision under which a member who votes upon a
question in which he or she has a direct pecuniary
interest shall be deemed not to have voted.

Regulation of procedure in Parliament

136.

(1)

Each House may(a)

regulate its own procedure and may in

particular make rules for the orderly
conduct of its proceedings.

(b)

establish committees in such manner

and for such general or special
purposes as it deems fit and may
regulate the procedure of any such
committee.

(2)
Both Houses of Parliament may establish
joint committees consisting of members of both
Houses and may jointly regulate the procedure of
any such committee.
(3)
Any reference in this Constitution to a
member of a committee of a House of Parliament
shall, unless the context otherwise requires, be
construed as including a reference to a member of
such a joint committee.

(4)
The proceedings of a House are not invalid
by reason only
(a)

that there is a vacancy in its

membership; or

(b)

of the presence or participation of any

person not entitled to be present at or
to participate in the proceedings of the
House.

Contents of Standing Orders

137.

(1)
The Standing Orders of both Houses shall include
the provisions that (a)

the Committee on Parliamentary Business

shall determine the order of business in the
House;

(b)

a member has the right to move a private

members Bill;

(c)

the member moving the private members bill

shall be afforded reasonable assistance by the
department or Ministry of Government
whose area of operation is affected by the
Bill; and

(d)

the office of the Attorney-General shall afford

the member moving the private members
Bill professional assistance in the drafting of
the Bill.

(e)

the voting procedures in each House shall

permit a member to explain the reasons for
his or her vote on a motion

Introduction and types of Bills.

138.

(1)
Any member, or committee, of Parliament may
introduce legislation in Parliament.
(2)
as -

A Bill for an Act of Parliament shall be introduced

(a)

a Bill to amend the Constitution in which

case(i)

it shall be submitted and proceeded

with in accordance with Chapter
Eighteen;

(ii)

it may not address any other matter,

apart from consequential amendments
to legislation;

(b)

a Government Bill, which shall have been

approved by Cabinet for introduction to
Parliament; or

(c)

a Committee Bill, which shall have been

approved by a Committee of Parliament for
introduction to Parliament;

(d)

a Private Members Bill, which shall have

been proposed by any member and approved
by the Committee on Good Governance and
Public Participation for introduction to
Parliament; or

(e) a Private Bill, which shall have been sponsored

by some particular person, association or
corporate body.
Allocation of time for Bills
139.

(1)
The Committee on Parliamentary Business of each
House shall equitably allocate time for consideration of the
Bills referred to in Article 138.

Committees of Parliament
140.

(1)
Each House shall appoint standing committees and
other committees necessary for the efficient discharge of its
functions.

(2)
Each House shall establish and maintain the
following Standing Committees (a)

Committee on Justice and Constitutional

Affairs;

(b)

Committee on Good Governance and Public

Participation;

(c)

Committee on Planning and Budget;

(d)

Committee on Security and Defense;

(e)

Committee on Social and Economic Affairs;

(f)

Committee on Parliamentary Business.

(g)

Committee on Foreign Affairs;

(h)

Public Accounts Committee; and

(i)

Public Investments Committee.

(3)
The functions of standing committees shall include
the following (a)

to discuss and make recommendations on all

Bills laid before Parliament;

(b)

to initiate any Bill within their respective

mandate;

(c)

to assess and evaluate activities of

Government and other bodies;

(d)

to carry out relevant research in their

respective fields; and

(e)

to report to the appropriate House on their

functions.

(4)
In the exercise of their functions under this
Article, committees of either House-

(a)

may (i) call any Minister or any person holding

public office, and private individuals to
submit memoranda or appear before
them to give evidence; and
(ii) co-opt any member of Parliament or
employ qualified persons to assist them
in the discharge of their functions; and

(b)

shall have the powers of the High Court in(i)

enforcing the attendance of witnesses

and examining them on oath,
affirmation or otherwise;

(ii) compelling the

documents; and

production

of

(iii) issuing a commission or request to

examine witnesses broad.
Part V Seat and Calendar of Parliament
Seat of Parliament
141.

(1)
Subject to clause (2), the seat of Parliament shall be
Nairobi.
(2) Each session of either House shall be held at such
place within Kenya and shall commence at such time as the
House may appoint.
(3)
The sittings of either House in a session, of
Parliament shall be held at such time and on such days as
may be determined by the Committee on Parliamentary
Business of the respective House, and approved by the
appropriate House.
(4)
Either House may by consensus adjourn to a
specified day other than the next normal sitting day:
(5) Where consensus is not obtained either House may
dj
b
l ti
t d b th
t
f
j it

of all the members of the respective House and not opposed

by the votes of more than thirty per cent of all the members
of the House.
(6) Whenever either House stands adjourned in a session,
or stands prorogued, as the case may be, the respective
Speaker shall, at the request in writing of not less than
thirty per cent of all the members of the House convene a
meeting of the House on the day appointed and for the
purpose specified in the request.
(7) Whenever a new House is elected, the President shall,
by notice in the Gazette, appoint the place and a date, not
more than seven days after the expiry of the term of the
previous House, for the first sitting of the new House.
Dissolution and prorogation
142. (1) The term of the National Council is four years.
(2)
Unless sooner dissolved, the National Assembly
shall continue for a term of five years.
(3)
At any time when Kenya is at war, both Houses may
from time to time by resolution supported by the votes of
not less than sixty-five per cent of all the members of each
House, extend their respective terms for not more than six
months at a time.
(4) The life of each House of Parliament shall not be
extended under clause (3) by more than twelve months.
(5) Subject to this Article, both Houses of Parliament shall
stand prorogued on 30th November in every year and the
next session shall commence on the first Tuesday of
February in the next year.
No confidence motion
143. (1)
If the National Assembly passes a resolution that it
has no confidence in the Government, the Prime Minister
shall resign.
(2)
When the Prime Minister resigns, the President shall
nominate as Prime Minister a member of the National

Assembly who in his or her view enjoys the support of a

majority of members of the Assembly.
(3)
If the National Assembly fails to approve the
appointment of a Prime Minister within twenty-one days of
the date the vacancy arises, the President shall dissolve the
National Assembly.
Part VI Miscellaneous
Freedom of speech and debate
144. There shall be freedom of speech and debate in Parliament
and that freedom shall not be impeached or questioned in any court or
tribunal.
Powers, privileges and immunities
145. Parliament may, for the purpose of the orderly and effective
discharge of the business of Parliament provide for the powers,
privileges and immunities of Parliament and its committees and
members.
Public Access and Participation
146.

(1)

Parliament shall (a)

conduct its business in an open manner, and

hold its sittings and those of its committees,
in public; and

(b) facilitate public involvement in the legislative

and other procedures of Parliament and its
committees.
(2)
Parliament may not exclude the public, or any public
or private media, from a sitting of a committee, unless
(a)

(b)

the appropriate Speaker, on the advice of the

Committee on Good Governance and Public
Participation has determined that there are
reasonable and justifiable reasons for doing
so; and
in explanation, the Committee on Good
G
d P bli P ti i ti
h

published a written summary of the agenda

of those proceedings.
(3)
The Committee on Good Governance and Public
Participation(a)

shall undertake appropriate steps to

encourage and facilitate the presentation of
petitions to Parliament from interested or
aggrieved members of the public; and

(b)

shall establish a fair, transparent and

equitable basis for persons or groups of
persons to be certified as having a continuing
right of standing before specific committees
of Parliament; and

(c)

shall certify persons who qualify in terms of

paragraph (b).

Parliamentary Service Commission

147.

(1)
There is established a Parliamentary Service
Commission which shall consist of(a)

a chairperson and a vice-chairperson elected

by the Commission from amongst the
members appointed under paragraph (i) of
this clause;

(b)

the Prime Minister or a member of the National

Assembly nominated by him or her;

(c)

the Leader of the Majority Party in the National

Assembly or a member
of the National
Assembly nominated by that Leader;

(d)

the Speaker of the National Council;

(e)

the Speaker of the National Assembly;

(f)

the Leader of the Majority Party in the

National Council;

(2)

(g)

the Leader of the Minority Party in the

National Council;

(h)

seven members (other than the Deputy Prime

Minister)appointed by Parliament from
among its members of whom(i)

four shall be nominated equally from

both Houses by the parliamentary
party or coalition of parliamentary
parties forming the Government of
which at least two shall be women;
and

(ii)

three shall be nominated by the

parliamentary party or coalition of
parliamentary parties not forming the
Government, one of whom shall be
from the National Council and at least
one shall be a woman.

A member of the Commission, shall vacate office(a)

Upon dissolution of the House during which

the member was appointed to the
Commission:

provided that upon dissolution of Parliament,

appointed members of the Commission shall
continue in office until new members are appointed
in their place by the Parliament;
(b)

if he or she ceases to be a member of

Parliament otherwise than by reason of the
dissolution of either House;

(c)

if circumstances arise that, if he or she were

not a member of Parliament, would
disqualify him to be elected as such;

(d)

if he or she is an appointed member, upon

revocation of his or her appointment by the
appropriate House or upon his or her
resignation; or

(e)

if he or she is an ex officio member of the

Commission upon ceasing to hold the
relevant office.

(3)
The Parliamentary Service Commission shall have
power (a)

to constitute and abolish offices in the

parliamentary service;

(b) to appoint persons to hold or act in the offices

of the service (including the power to confirm
appointments) and to exercise disciplinary
control over persons holding or acting in
those offices (including the power to remove
those persons from office);
(c)

to provide such services and facilities as are

necessary to ensure efficient and effective
functioning of Parliament;

(c)

to direct and supervise the administration of the

services and facilities provided by, and
exercise budgetary control over, the service;

(d)

to maintain proper security for members of

Parliament and for the services and facilities
within the precincts of Parliament;

(e)

to determine the terms and conditions of

service of persons holding or acting in the
offices of the service;

(f)

to cause to be prepared and laid before

Parliament in each financial year estimates of
expenditure (which shall be a charge on the

Consolidated Fund) of the parliamentary

service for the next following financial year;
(g)

to initiate, co-ordinate and harmonize policies

and strategies relating to the development of
the service;

(h)

to undertake, singly or jointly with other

relevant authorities and organizations, such
programmes as will promote the ideals of
parliamentary democracy in Kenya;

(i)

to do such other things as may be necessary for

the well-being of the members and staff of
Parliament and to exercise such other functions
as may be prescribed by or under an Act of
Parliament.

CHAPTER EIGHT
THE EXECUTIVE
Part 1 Principles and Structure of the National Executive
Principles of executive authority.
148.

(1)
The powers of the Executive are to be exercised for
the well-being and benefit of the people and the Republic
of Kenya.
(2)
Executive authority assigned to an office bearer by
or in terms of this Constitution
(a)

vests in that office bearer the power to serve

the people, rather than the power to rule; and

(b)

shall be exercised in a manner consistent with

the purpose and objects of the Constitution.

Structure of the National Executive

149.

The National Executive of the Republic of Kenya

comprises the President, the Vice President, and the
Cabinet appointed under Article 151.
Part II The President and Vice-President

Authority of President
150.

(1)

The President
(a)

is the Head of State, Commander-in-Chief of

the Defence Forces, the Chairperson of the
National Security Council and the
Chairperson of the Defence Council;

(b)

is a symbol of the unity of the nation, and has

responsibility to promote and enhance the
unity of the nation, safeguard the sovereignty
of the Republic, promote and respect the
diversity of the people, and protect their
human rights and fundamental freedoms; and

(c)

shall uphold, safeguard, and respect the

Constitution and the rule of law.

(2)
The powers of the President shall be exercised in
accordance with the Constitution and the laws.
(3)
The President shall not hold any other public office
including any elected or appointed office within a political
party.
State functions of President
151.. 1)

The President
(a)

shall address the opening of each newly

elected Parliament in accordance with Article
141;

(b)

shall address a special sitting of Parliament

once each year, as provided for in Article 14;

(c)
(c)

may address Parliament at any other time;

and
may dissolve Parliament only in the
circumstances contemplated in Article 142

(2)
The President shall appoint and may in accordance
with this Constitution dismiss
(a) The Cabinet consisting of
(i)

A Prime Minister who shall be the

leader of the political party that enjoys
the majority support in parliament
subject to the approval of Parliament
as provided for in Article 171

(ii)

two Deputy Prime Ministers

nominated by the Prime Minister as
provided for in Article 175

(iii) not more than fifteen Ministers.

nominated by the Prime Minister as
id d f i A ti l 175

(b)

not more than fifteen Deputy Ministers

nominated by the Prime Minister.

(c)

Judicial Officers.

(d)

any other public officer who the Constitution

requires the President to appoint, subject to
the applicable provisions of the Constitution
or legislation.

(3)
With the prior consent of the Cabinet, the President
may(a)

appoint Commissions of Inquiry; or

(b)

sign instruments of consent by Kenya to be

bound by international agreements.

(4)
After consultation with the Cabinet and the National
Defense Council, the President may

(5)

(a)

declare a state of emergency, subject to

Article 71;

(b)

declare war,

The President may

(a)

appoint persons to represent the Republic as

high commissioners, ambassadors, or
diplomatic or consular representatives with
the approval of the National Assembly; and
may dismiss them;

(b) receive foreign

representatives;

diplomatic

and

consular

(c) seek an advisory opinion from the Supreme Court of

Kenya on any matter concerning the interpretation,
protection or enforcement of the Constitution;
(d) pardon or reprieve offenders and remit fines, penalties
or forfeitures, in accordance with Article211 and

(e) in consultation with the Prime Minister, confer honours

in the name of the people and Republic of Kenya.
(6)

The President shall ensure that(a)

the international obligations of the Republic are

fulfilled and submit a progress report to Parliament
annually; and

(b) the courts and Constitutional Commissions and officers

are able to secure their independence, impartiality,
dignity, accessibility and effectiveness, as
contemplated in this Constitution.
Legislative functions of President
152.

(1)
The President may initiate a proposed legislation,
and (a)

refer it to the Cabinet with a request that the

Cabinet approve submission of that proposed
legislation to Parliament as a Government Bill;
or

(b) refer it to a committee of Parliament, with a

request that the committee introduce the Bill as
a Committee Bill.
(2) When presented with a Bill enacted by Parliament,
the President shall do one of the following:
(a)

refer the Bill back to parliament for reconsideration in accordance with Article 126;

(b)

refer the Bill to the Supreme Court of Kenya

for an opinion on the constitutionality of the
Bill in accordance with Articles 124 and 125;;
or

(c)

assent to and sign the Bill.

(3)
The President, with prior approval of the Cabinet
and of the relevant committee of Parliament, shall assent to
and sign any regulation authorized in terms of an Act of
Parliament.

(4)

The President shall ensure that

(a)

public participation requirements concerning

the enactment of legislation and regulations
have been satisfied; and

(b)

the Cabinet assigns responsibility for the

implementation and administration of every
Act of Parliament to a particular minister.

Decisions of President
153.

A decision by the President under the authority of the

Constitution or any law shall be in writing and shall bear the
signature of the President.

Curtailment of Presidential powers

154.

(1) This Article applies to a person who holds the office

of President, or who is authorized in terms of the
Constitution, to exercise the powers of the President
(a)

during a period commencing on the date of

the first vote in a Presidential election, and
ending when the newly elected President
assumes office; or

(b)

while the President is temporarily absent or

incapacitated, as contemplated in Article 167;

(2)
During a period referred to in clause (1), a person to
whom this Article applies may not exercise any power of the
President referred to or contemplated in the following
Articles;
(a)

Articles 151 and 194 relating to the

nomination or appointment of judicial
officers.

(b)

Article 197 relating to a complaint leading to

the removal of a judicial officer; and

(c)

Articles 151 relating to the nomination or

appointment of any other public officer who
the Constitution or legislation requires the
P id t t
i t

(d)

Article 151 relating to the appointment or

dismissal of persons to represent the Republic
of Kenya as high commissioners,
ambassadors, or diplomatic or consular
representatives;

(e)

Article 211 relating to the authority to grant a

pardon, reprieve offenders, or remit fines,
penalties or forfeitures;

(f)

Article 151 relating to the authority to confer

honours in the name of the people and
Republic of Kenya.

Right to vote and timing of presidential elections.

155.

(1)
The election of the President shall be direct by adult
suffrage through a secret ballot and shall be conducted in
accordance with this Part and with any Act of Parliament
regulating Presidential elections.
(2)

An election of the President shall be held

(a)

on the second Tuesday in August, and

thereafter, on the second Tuesday in August
every fifth year; or

(b)

in the circumstances contemplated by

Article 164.

Qualifications for election as President

156.

(1)
A person is qualified for nomination as a
presidential candidate if the person
(a)

is a citizen of Kenya by birth;

(b)

has attained the age of thirty-five years but is

below the age of seventy years;

(c)

is of high moral integrity and impeccable

character;

(d)

holds a degree from a recognized university;

d

(2)

(e)

is nominated by a registered political party; or

(f)

is nominated as an independent candidate by

at least one thousand registered voters who
shall include not less than one hundred
registered voters from each province.

A person is not qualified for nomination as a

presidential candidate if the person
(a)

is under an oath of allegiance to a foreign

state;

(b)

holds or is acting in any office in the public

service (including the office of judge,
magistrate or other judicial office, or an office
to which Article 108 applies), in the defense
forces of the Republic, or in a local
government authority;

(c)

is a member of any constitutional

Commission or other constitutional
institution;

(d)

is a member of Parliament;

(e)

is a candidate for election as a member of

Parliament;

(f)

has ever been removed from office on

grounds of any violation of the Constitution
or for gross misconduct; or

(g)

is disqualified from holding the office of

President under this Article..

Procedure at presidential election

157.

(1)
If only one candidate for President is nominated,
that candidate is elected as President.

(2)
If more than one candidate for President is
nominated, a poll shall be taken in each constituency for
the election of a President.
(3)

In a presidential election
(a) all persons registered as voters for the
purposes of parliamentary elections shall be
entitled to vote;
(b)

the poll shall be taken by a secret ballot on

the day specified in Article 155 at such time,
in such places and in such manner as may be
prescribed by or under an Act of Parliament;
and

(c) after counting of the votes in the polling

stations, the Electoral Commission shall
declare the result.
(4)

The candidate for President who receives more

than fifty percent of all the votes cast in the
election and who, in addition, receives a minimum
of twenty percent of the votes cast in more than
half of the provinces shall be elected as the
President.

(5)

If no candidate is elected, a fresh election shall be

held within three weeks of the previous poll and in
that election, the only candidates shall be the
candidate who scored the largest number of votes
and the candidate who secured the second largest
number of votes. The candidate who receives the
largest number of votes is elected as President

(6)

Where in a presidential election

(a)

no candidate has been nominated before

the expiry of the time set for the
delivery of nominations; or

(b)

a candidate dies on or before any of the

days on which the poll is taken; or

(c)

a candidate who would, but for their

d th h
b
titl d t b d l d

elected as President, dies after the taking

of the poll has began but before the
candidate is declared elected as President;
an election shall be held within thirty days of the
time for the previous presidential election.
(7)
The chairperson of the Electoral Commission shall
deliver a written declaration of the results of a presidential
election to the incumbent President and to the Chief Justice
within seven days of the election.
Questions as to validity of presidential election
158.

The Supreme Court shall determine any question arising as

to whether any provision of the Constitution or other law
relating to presidential elections has been complied with; or
whether any person has been elected as President under
Article 188.

Assumption of office of President

159.

The person elected as President assumes office by taking

and subscribing to the oath or affirmation of allegiance and
the oath or affirmation for the due execution of the
functions of the office prescribed in the Fourth Schedule,
before the Chief Justice or a judge of the Supreme Court on
the date when the term of office of the incumbent President
ends.

Term of office of President

160.

(1)
The President shall hold office for a term not
exceeding five years, beginning from the date of
assumption of office.
(2)
A person shall not hold office as the President for
more than two terms of five years each.

Protection of President in respect of legal proceedings during office

161.

(1) Subject to clause (2) of this Article, no criminal

proceedings may be instituted or continued in any court
against the President or a person performing the functions
f th t ffi d i th i t
f ffi

(2)
No civil proceedings may be instituted in any court
against the President or the person performing the functions
of that office in respect of anything done or not done in the
exercise of their powers under the Constitution during their
tenure of office unless such proceedings are wholly of a
private nature; and
(a)

at least thirty days notice of the proceedings has

been served on the President or the person performing
the functions of the office; and

(b)

the nature of the proceedings, the cause of action, the

name and the address of the claimant and the relief
sought are specified in the notice.

(3)
Parliament shall enact a law to provide for the operation of
clause (2).
(4)
Where provision is made by law limiting the time within which
proceedings may be brought against a person, a period of time during
which the person holds or exercises the functions of the office of the
President shall not be taken into account in calculating any period of
time prescribed by that law.
Removal of President on grounds of incapacity.
162.

(1)
If it is resolved by one-half of all the members of
the National Assembly that the question of the physical or
mental capacity of the President to discharge the functions
of the office ought to be investigated and they so inform the
Chief Justice, the Chief Justice shall within seven days of
the resolution, appoint a tribunal consisting of five persons
qualified as medical practitioners under the laws of Kenya
to investigate the matter.
(2)
The tribunal shall inquire into the matter and report
to the Chief Justice.
(3)
If the Chief Justice does not appoint a tribunal
within the period specified in clause (1), the National
Assembly may, by a resolution supported by two-thirds of
all its members, authorize the Speaker of the National
Assembly to appoint a tribunal.

(4)
If the tribunal reports that the President is incapable
of discharging the functions of the office, the Chief Justice
or the Speaker of the National of Assembly shall certify in
writing accordingly and table the certificate together with
the report of the tribunal before the National Assembly.
(5)
The National Assembly may, on a motion supported
by the votes of two thirds of its members(a) ratify the decision of the tribunal, and thereupon
the President shall cease to hold office; or
(b)

reject the decision of the tribunal and cause a

further inquiry into the matter and shall
thereafter decide on such question by a twothirds majority vote, which decision shall be
final.

(6)
Where the National Assembly resolves that the
question of the physical or mental capacity of the President
to discharge the functions of the office be investigated, the
President shall, until another person assumes the office of
President or the tribunal appointed under clause (1) reports
that the President is not incapable of discharging the
functions of his office, whichever is earlier, cease to
perform the functions of the office.
(7)
A motion for the purposes of clause (1) may be
proposed at any meeting of the National Assembly.
Impeachment and removal of President.
163.

(1)
If two thirds of the members of the National
Assembly approve a motion for the impeachment of the
President for violation of the Constitution or gross
misconduct, the Speaker of the National Council shall
convene a meeting of the National Council to hear charges
against the President.
(2)

The Speaker of the National Council shall

(a)

if the National Council is then sitting or has

been summoned to meet, bring the motion to
the notice of the National Council for its
consideration within seven days; or

(b)

if the National Council is not then sitting,

summon it to meet within twenty-one days of
the notice to consider the motion.

(3)
If a motion is passed under clause (2), the Speaker
shall constitute a special committee comprising(a)

the Chief Justice, who shall be the

chairperson; and

(b)

thirteen members appointed by the National

Council in accordance with the Standing
Orders of the Council, taking into account the
proportional representation of the political
parties represented in that House, to
investigate the matter.

(4)
The special committee shall investigate the matter
and shall, within ten days, report to the National Council
whether it finds the particulars of the allegations against the
President to have been substantiated.
(5)
The President shall have the right to appear and be
represented before the special committee during its
investigations.
(6)
If the special committee reports that the particulars
of any allegation against the President have not been
substantiated, no further proceedings shall be taken under this
Article in respect of that allegation.
(7)
If the special committee reports that the particulars
of any allegation against the President have been
substantiated, the National Council shall vote on impeachment
charges and the President shall be removed if two-thirds of the
members vote to uphold the impeachment charges.
Vacancy in the office of President.
164. (1)
If there is a vacancy in the office of the President by
reason of the Presidents death, resignation or ceasing to
hold office by virtue of Articles 162 and 163, the VicePresident shall assume the functions of the office except
that if the residual term of the President exceeds two and a

half years, it shall be deemed to be a full presidential term

for the purposes of Article 160.
(2)
If there is a vacancy in the office of the President
and that of the Vice President, the Speaker of the National
Assembly and, if there is no Speaker of the National
Assembly, the Speaker of the National Council shall
assume the functions of the office of the President and the
Electoral Commission shall conduct an election for
President and Vice-president within thirty days of the
vacancy in the office of the Vice-President.
Office of Vice-President
165.

(1) There shall be a Vice-President of Kenya.

(2) Each candidate in a presidential election shall nominate
a person, duly qualified for election as the President, as a
candidate for Vice-President.
(3)
The Electoral Commission shall not conduct a
separate election for the Vice-President but shall declare
the candidate nominated by the person who is elected as the
President to be elected as the Vice-President.
(4)
A person declared elected as the Vice-President shall
assume the office by taking and subscribing to the oath of
allegiance and the oath for the due execution of the
functions of the office prescribed in the Fourth Schedule,
before the Chief Justice or a Judge of the Supreme Court
designated by the Chief Justice.
(5)
The term of office of the Vice-President shall run
from the date the President assumes office and shall
terminate
(a)

when the next President assumes office; or

(b)

upon the Vice-President assuming the office

of President; or on resignation, death or
removal from office.

(6)
The Vice-President may, at any time, resign from
office by notice in writing addressed to the President and
such resignation shall take effect on the date and at

the time specified in the notice, if any, or if no date is

specified, at noon on the day after the notice is delivered.
(7)
The provisions of Articles 162 and 163 as to the
removal from office and impeachment of the President
shall, with the necessary alterations, apply to the office of
the Vice-President.
(8) The Vice-President shall not serve for more than two
terms of five years each.
Vacancy in the office of Vice-President.
166.

(1)
If there is a vacancy in the office of the VicePresident, the President shall nominate a candidate
qualified in terms of Article 165 for the Vice-President.
(2)
A nomination under clause (1) shall be in writing
and shall be submitted to the Speaker of Parliament within
fourteen days of the vacancy.
(3)
Parliament may, by a resolution supported by the
votes of two-thirds of its members, approve the person
nominated under this Article as the Vice-President.
(4)
A person approved as the Vice-President under
clause (3) shall assume office not later than fourteen days
of the approval, in the manner specified in Article 165(4).
(5)
The term of office of a Vice-President approved under this
Article shall run from the date the Vice-President assumes
office and shall terminate in the manner specified in Article 119 (5).

Functions of the Vice-President

167.

(1)
The Vice-President shall be the principal assistant of
the President in the execution of his or her functions.
(2)
The Vice-President shall perform the functions conferred by
the Constitution and such other functions as the President may, from
time to time, assign.
(3)
While in office, the Vice-President shall not, directly or
indirectly, hold any other public office, including any office in a
political party, or any other paid office in the employment of any

(4)
The Vice President shall act on behalf of the
President when the President is incapacitated or absent from the
Republic.
Death before assuming office
168.

(1)
If a person elected as President dies before
assuming office, the person declared elected as the Vice-President
shall assume the office of President.
(2)
Upon assuming the office of the President under
clause (1), the office of the Vice-President shall fall vacant.
(3)
If a person declared elected as the Vice-President
dies before assuming office, the office of the VicePresident shall be deemed vacant upon the assumption of
office by the person declared elected as the President.
(4)
If both the persons declared elected as the President and the
Vice-President die before assuming office, the Speaker of the National
Assembly shall act as President and the Electoral Commission shall
conduct a fresh election within thirty days of the second such death.

Salaries and allowances of President and Vice-President

169. (1)
The President and the Vice-President shall receive such salary,
allowances and benefits as may be prescribed by the Salaries and
Remuneration Commission.
(2) A person who has held the office of President or Vice-President
shall receive such pension, gratuity and other retirement benefits as
may be determined by the Salaries and Remuneration Commission.
(3)
The salary and allowances payable to the President or VicePresident, including any pension or gratuity payable on retirement,
shall be charged on the Consolidated Fund.
(4)
The salary, allowances and privileges of the President or VicePresident shall not be varied to their disadvantage while in office.
(5)
The pension, gratuity and other retirement benefits payable to
the President or Vice-President on retirement and the facilities
available to them shall not be varied to their disadvantage during their
lifetime.

Part III The Prime Minister and Cabinet

Prime Minister
170.

(1)
The Prime Minister is the leader of the Cabinet and presides at
meetings of the Cabinet.
(2)
The Prime Minister and the other members of the Cabinet
exercise executive authority within the Republic by (a)

developing and implementing national budgets and

policy;

(b)

preparing and initiating government legislation for

introduction
in Parliament;

(c)

implementing and administering Acts of Parliament;

(d)

co-ordinating the functions

departments; and

(e)

performing any other executive function provided for by

the Constitution or an Act of Parliament, except those
functions assigned to the President.

of ministries and

Appointment of Prime Minister.

171.

(1)
Within seven days following the summoning of the National
Assembly, or whenever necessary to fill a vacancy in the office of
Prime Minister, the President shall propose to the Speaker of the
National Assembly the appointment as Prime Minister of (a)

the leader of the majority political party, or coalition of parties,

represented in the National Assembly; or

(b)

the leader of the minority political party, or coalition of parties

represented in the National Assembly, if the leader of the
majority party or coalition has been unable to command or
retain the confidence of the National Assembly; or

(c)

if neither person contemplated in paragraph (a) or (b) has been

able to command or retain the confidence of National Assembly,
then any other member of the National Assembly who, in the
Presidents opinion, may be able to command or retain the
fid
f th N ti l A
bl

(2) Upon receiving a proposal from the President in terms of this

Article, the Speaker shall summon the National Assembly and
introduce the proposal from the President.
(3) Within seven days of the Speaker receiving a proposal from the
President, the Speaker shall call a vote in the National Assembly to
confirm the appointment of the person proposed by the President.
(4) A vote contemplated in clause (3) passes if it is supported by at
least fifty percent of the members of the National Assembly.
(5) If the National Assembly fails to confirm the appointment of a
person proposed by the President, the President shall propose another
person within one week after the vote in the National Assembly.
(6) If, within thirty days of the President first proposing a person to
be appointed Prime Minister, no person has been confirmed by the
National Assembly the President shall
(a)

dissolve Parliament; and

(b)

require the Electoral Commission to conduct a fresh

general election for Parliament.

Term of office
172.

(1)
A person whose appointment as Prime Minister has been
confirmed by the National Assembly assumes the office of Prime
Minister by swearing or affirming faithfulness to the people and
Republic of Kenya, and obedience to the Constitution, in accordance
with the Fourth Schedule, before the Speaker and Members of

Parliament.
(2)
The term of office of the Prime Minister continues
until
(a)

the Prime Minister dies, resigns or is dismissed from

offices; or

(b)

until the next person appointed Prime Minister

following a general election assumes office.

Resignation of Prime Minister.

173

(1)

Th P i

Mi i t

ffi

delivering a written statement of resignation to the

President.
(2)

The resignation of the Prime Minister takes effect (a) on the date and at the time specified in the resignation, if
any; or
(b) at noon on the day after it is delivered, in any other case.

Dismissal of Prime Minister.

174.

(1)
If Parliament, by a vote supported by a vote of more than fifty
per cent of its members, passes a motion of no confidence in the Prime
Minister, the President shall dismiss the Prime Minister, and the other
members of the Cabinet.
(2)
The President may not dismiss the Prime Minister in any
circumstances other than those contemplated in clause (1).

Cabinet
175.

(1)
The President shall appoint the remaining members of the
Cabinet in accordance with recommendations of the Prime Minister
and with the approval of the majority of the members of the
National Assembly.
(2)
If the National Assembly, by a vote supported by a vote of more
than fifty percent of its members, passes a motion of no confidence in a
member of the Cabinet other than the Prime Minister, the President
shall remove that member.
(3)

The President shall not appoint (a)

a Member of Parliament to the office of Minister or

Deputy Minister; or

(b)

a person other than a Member of Parliament to the office

of Deputy Prime Minister.

(4)
Each person appointed as a Deputy Prime Minister, Minister or
Deputy Minister( )

ffi

ffi

f ithf l

the people and Republic of Kenya and obedience to the

Constitution, in accordance with the Fourth Schedule
before the Speaker and Members of Parliament;
(b)

may resign by delivering a written statement of

resignation to the Prime Minister and the President; and

(c)

continues in office until

(i)

the person dies, resigns or is dismissed from

office; or

(ii)

until the next person appointed to that office,

following a general election for Parliament,
assumes office.

Decisions, responsibility and accountability of cabinet

176.

(1)

A decision by the Cabinet shall be in writing.

(2)
Members of the Cabinet are accountable collectively, and
individually, to Parliament for(a)

the exercise of their powers and the performance of their

functions; and

(b)

the administration and implementation of legislation

assigned to them.

(3)
Deputy Prime Ministers, Ministers and Deputy Ministers are
individually accountable to the Prime Minister for the exercise of the
powers and the performance of the functions assigned to each of them
respectively,
(4)
A Minister shall attend before Parliament, or a committee of
Parliament, when required to do so, and answer any question
concerning a matter assigned to that Minister.
(5)

Members of the Cabinet shall

(a)

act in accordance with the Constitution;

and

(b)

provide Parliament with full and regular reports

concerning matters under their
t l

Assignment of functions
177.

(1)
The Prime Minister shall keep the President fully informed
concerning the general conduct of the Government and shall furnish
the President with any information that the President may request
with respect to any matter relating to the Government.
(2)
The Prime Minister, by Order of Cabinet, shall assign
responsibility for the implementation and administration of any
Act of Parliament to(a)

a Deputy Prime Minister; or

(b)

to a Minister and Deputy Minister, jointly.

(3)
The Prime Minister, by order of Cabinet, may permanently
transfer responsibility for the implementation and administration of
any Act of Parliament from one member of Cabinet to another.
(4)
The Prime Minister may assign to a Cabinet member any power
or function of another Cabinet member who is absent from office or
temporarily unable to exercise that power or perform that function.
Conduct of members of the Cabinet
178.

(1)

A member of Cabinet shall (a)

avoid any situation involving a risk of conflict between

the members private interests and official
responsibilities;

(b)

not act in a way that is inconsistent with the

members official responsibilities;

(c)

not use the members office, the authority of that office

or any information entrusted to the member, to enrich the
member or improperly benefit another person.

(2)
Each member of Cabinet shall comply with the
Leadership Code, set out in the Fifth Schedule.
(3)
The members of the cabinet may not hold any other
employment, or any other public office, during their respective
terms of office.

Salaries and Allowances of the Prime Minister, the Deputy Prime

Ministers, Ministers and Deputy Ministers
179. The Prime Minister, Deputy Prime Ministers, Ministers
and Deputy Ministers shall receive such salaries, allowances and
benefits as may be determined by the Salaries and Remuneration
Commission.
Absence of Vice-President, Prime Minister, Deputy Prime Ministers,
Ministers and Deputy Ministers from the Republic
180.

(1)
The Vice-President, the Prime Minister or, a Deputy
Prime Minister, shall not be absent from the Republic
except with the leave of the President.
(2)
A Minister or a Deputy Minister shall not be absent
from Kenya except with the leave of the Prime Minister.

Permanent Secretaries
181.

(1) Whenever the Prime Minister, a Deputy Prime Minister

or any other Minister is charged with the responsibility of a
Government Ministry, they shall exercise general direction
and control over that Ministry.
(2)
There is established the office of Permanent
Secretary which is an office in the public service.
(3)
Each Government Ministry shall be under the
supervision of a Permanent Secretary.
(4)
One Permanent Secretary shall be assigned by the
Prime Minister to be the Secretary to the Cabinet.

Oath or Affirmation of Ministers and Permanent Secretaries

182.

A Minister or a Permanent Secretary shall not enter upon

the duties of the office before taking and subscribing to the
oath or affirmation of allegiance and the oath or affirmation
for the due execution of the office prescribed in the Fourth
Schedule.

Offices of the Republic

183.

(1)
Except where there is a contrary provision on this
Constitution or in any other law, the power to constitute
offices for the Republic and the power to abolish any such
offices shall vest in the Public Service Commission.
(2)
Except where there is a contrary provision in this
Constitution or in any other law, the power to appoint
persons to hold or to act in the offices constituted for the
Republic of Kenya, to confirm appointments, to exercise
disciplinary control over persons holding or acting in such
offices and to remove such person from office, shall, vest in
the Public Service Commission

CHAPTER NINE
JUDICIAL AND LEGAL SYSTEM
Part IThe Judicial System
Judicial power
184.

(1)
Judicial power is derived from the people and shall
be exercised by the courts (a)

in the name of the people;

(b)

in conformity with the Constitution and the

laws; and

(c)

in conformity with the values, norms and

aspirations of the people.

(2)
Judicial power shall vest exclusively in the
courts and tribunals established under this Constitution.
(3)
In applying the law to cases of a civil or criminal
nature, the courts shall be guided by the following
principles:
(a)

justice shall be done to all, irrespective of

social or economic status;

(b)

justice shall not be delayed;

(c)

adequate compensation shall be awarded to

victims of wrongs;

(d)

reconciliation, mediation and arbitration

between parties shall be promoted;

(e)

justice shall be administered without undue

regard to technicalities;

(f)

the protection and promotion of the principles

and purpose of the Constitution.

(3)
In the performance of their functions the courts, their
officers and persons participating in the administration of
j ti

(a)

shall strive to deliver the highest standard of

service to the public;

(b)

are bound by the Leadership and Integrity

Code of Conduct; and

(c)

shall continue to educate themselves in

current development in the laws of Kenya and
comparative law.

(4)
The state shall provide reasonable resources and
opportunities shall be made available for members of the
Judiciary to enable them to deliver the highest standards of
service to the public.
Hierarchy of Courts
185.

(1)
The Judiciary consists of the courts, judges,
magistrates and other judicial officers of superior courts of
record, and subordinate courts.
(2)
The superior courts of record are the Supreme Court,
the Court of Appeal, and the High Court.
(3)

The subordinate courts are (a)

(b)
(c)

the Magistrates courts and the Kadhis

courts,
any other courts established by an Act of
Parliament subordinate to the High Court,
and
any traditional or local tribunals with limited
jurisdiction in issues of local significance,
that may be established by an Act of
Parliament.

Independence of the Judiciary

186.

(1)
In the exercise of judicial power, the Judiciary is
subject only to the Constitution and is not subject to the
control or direction of any other person or authority.
(2)
The administrative expenses of the Judiciary,
including the salaries, allowances, gratuities and pensions

payable to, or in respect of, persons serving in the Judiciary

are a charge on the Consolidated Fund.
(3)
No judicial officer shall be liable in an action or suit
in respect of anything done in the performance of a judicial
function.
(4)
The salaries, allowances, gratuities and pensions
payable to, or in respect of persons serving in, the
Judiciary, shall not be varied to their disadvantage.
(5)
Court fees shall be reasonable and shall not be such
as to discourage the use of the court system.
(6)
The Salaries and Remuneration Commission shall
ensure that the emoluments and terms of conditions of
service encourage and enhance the integrity and
independence of the Judiciary.
The Supreme Court
187

The Supreme Court consists of(a)

the Chief Justice, who is the head of the Judiciary,

and

(b)

not more than six judges.

General Jurisdiction of the Supreme Court

188.

(1)

The Supreme Court has(a) original jurisdiction (i)

with respect to advisory opinions

requested by the President;

(ii)

in respect of presidential election

petitions;

(iii)

in issues relating to impeachment of

the President;

(b)

(iv)

in respect of any challenge to the

constitutionality of any Act of
Parliament; and

(v)

in respect of any dispute between the

districts or between a district and the
national government.

appellate jurisdiction as conferred by an Act

of Parliament.

(2)
Where a question relating to original jurisdiction of
the Supreme Court arises in any other court, that court shall
stay the proceedings and refer the question to the Supreme
Court for determination; and the court from which the
question arose shall act in accordance with the decision of
the Supreme Court.
(3)
The Supreme Court may depart from its previous
decisions in the interests of justice.
(4)
All other courts are bound by the decisions of the
Supreme Court.
Supervisory Jurisdiction of the Supreme Court
189.

(1)
The Supreme Court has supervisory jurisdiction over
all Courts and over any person, body or authority which
exercises an adjudicating function.
(2)
For the purposes of clause (1), the Supreme Court
may call for the record of any proceedings before any court
or tribunal and make such orders, issue such writs and give
such directions as it may consider appropriate for the
purpose of ensuring the fair administration of justice.

The Court of Appeal

190.

(1)

(2)

The Court of Appeal consists of (a)

the President of the Court, and

(b)

not less than ten judges.

The Court of Appeal is constituted by three judges.

(3)

The Court of Appeal is bound by the decisions of the

Supreme Court and by its own previous decisions.

(4)

The High Court and the subordinate courts are

bound by the decisions of the Court of Appeal.

(5)

The President of the Court of Appeal may, in

consultation with the Chief Justice, create Divisions
of the Courts of Appeal (a)

consisting of the number of judges assigned

to them by the Chief Justice, and

(b)

sitting at the places determined by the

President of the Court of Appeal in
consultation with the Chief Justice

Jurisdiction of the Court of Appeal

191.

(1)
The Court of Appeal is an appellate Court with
jurisdiction
in (a)

appeals from a decree, judgement or an order

of the High Court, and

(b)

any other appellate jurisdiction conferred on

it by any other law.

(2)
An appeal to the Court of Appeal lies as of right
from a judgement, decree or order of the High Court.
The High Court
192.

(1)

The High Court consists of (a) the Principal Judge of the Court; and
(b) such number of judges, not being less than
fifty, as may be prescribed by an Act of
Parliament.

(2)
The Principal Judge may, in consultation with the
Chief Justice, create Divisions of the High Court and
specify their jurisdiction.

(3)
The High Court shall sit in such places as the
Principal Judge may appoint.
Jurisdiction of the High Court
193.

The High Court has unlimited original jurisdiction in (a)

criminal and civil cases, and

(b)

any other jurisdiction, appellate or original,

conferred on it by or under an Act of Parliament.

Appointment of Judges
194.

(1)
When there is a vacancy in the office of the Chief
Justice, the most senior judge of the Supreme Court by
reference to the date of appointment, shall be appointed the
Chief Justice.
(2) When there is a vacancy in the office of the
President of the Court of Appeal, the most senior judge of
the Court of Appeal by reference to the date of
appointment, shall be the President of the Court of
Appeal.
(3)
When there is a vacancy in the office of the
Principal Judge of the high Court, the most senior judge of
the High Court, by reference to the date of appointment,
shall be the Principal Judge.
(4)
The other judges of the superior courts of record and
the Chief Kadhi shall be appointed by the President acting
in accordance with the advice of the Judicial Service
Commission and with the approval of the National Council.

Qualifications for Appointment of judges

195.

(1)
The Chief Justice and Judges of the Supreme Court
shall be appointed from persons who possess the following
qualifications (a)

fifteen years experience

(i)

as a Judge of the Court of Appeal or

th Hi h C t

(ii)

in practice as an advocate; or

(iii)

full-time law teacher in a recognised

university;

(b)

intellectual ability as demonstrated by

academic qualifications and legal practice;
and

(c)

high moral character and integrity.

(2)
The Judges of the Court of Appeal shall be
appointed from persons who possess the following
qualifications (a)

ten years experience

(i)

as a Judge of the Court of Appeal or

the High Court; or

(ii)

in practice as an advocate; or

(iii)

full-time law teacher in a recognised

university;

(b)

intellectual ability as demonstrated by

academic qualifications and legal practice;
and

(c)

high moral character and integrity.

(3)
Judges of the High Court shall be appointed from
persons who possess the following qualifications (a)

ten years experience

(i)

as a magistrate; or

(ii)

in practice as an advocate; or

(iii)

full-time law teacher in a recognised

university; and

(b)

intellectual ability as demonstrated by

academic qualifications and legal practice.

(c)

high moral character and integrity.

(4)
The office of a judge of the superior courts of record
shall not be abolished while there is a substantive holder of
the office.
Tenure of office of judges
196.

(1)
A judge and other judicial officers of the subordinate
courts shall retire from office, on attaining the age of sixtyfive years, but may retire at sixty.
(2)
On attaining the retirement age, a Judge of the
superior courts of record may continue in office for a
period not exceeding six months in order to enable the
Judge to deliver a judgement, or perform any other function
in relation to proceedings that were commenced before the
Judge prior to attaining the age of retirement.

Removal from office

197.

(1)
A Judge of the superior courts of record may be
removed from office in accordance with this Article and on
the grounds of (a)

inability to perform the functions of office

arising from infirmity of body or mind, or
from a sufficient cause; or

(b)

a breach of the Code of Conduct; or

(c)

incompetence and misconduct.

(2)
An individual, institution, a society, or group of
persons desiring the removal of a judge of a superior court
of record may present a petition to the Judicial Service
Commission.
(3)
The Judicial Service Commission shall consider the
petition and, if it is satisfied that it discloses the existence
of a ground under clause (1), it shall send the petition to the
P id t f th R bli

(4)
On receipt and examination of the petition, the
President may, acting in accordance with the advice of the
Judicial Service Commission (a)

suspend the judge from office; and

(b)

in the case of a judge who is not the Chief

Justice, appoint a tribunal consisting of

(c)

(i)

the Chairperson;

(ii)

four other members from among

persons who hold or have held office
as a judge of a superior court of
record; or who are qualified to be
appointed as judges of the superior
courts of record; and

(iii)

three other persons with experience in

public affairs, at least one of whom
shall be a woman.

In the case of the Chief Justice, appoint a

tribunal consisting of(i)
(ii)
(iii)

the Speaker of the National Council as

Chairperson;
two Judges from the member states of
the East African Community; and
three persons with experience in public
affairs, at least one of whom shall be a
woman.

(5)
The tribunal shall inquire into the matter and report
on the facts and make recommendations to the President of
the Republic, who shall act in accordance with the
recommendations of the tribunal.
Subordinate courts
198.

(1)
Parliament may, by an Act of Parliament, establish
courts subordinate to the High Court that shall have, subject
to the Constitution, the jurisdiction and functions conferred
on them by the Act or any other law.

(2)
No judicial officer in the office of magistrate or
Kadhi may be removed from office, except after
determination by the Judicial Service Commission on such
grounds as may be prescribed by an Act of Parliament.
The Kadhis courts
199

(1)
There are established Kadhis Courts, the office of
Chief Kadhi, office of Senior Kadhi and the office of
Kadhi.
(2)
There shall be a number, being not less than thirty,
of other Kadhis as may be prescribed by the Act of
Parliament.
(3)
A Kadhi is empowered to hold a Kadhis court
called a District Kadhis Court, having jurisdiction within a
district or districts as may be prescribed by, or under, an
Act of Parliament.

Jurisdiction of Kadhis courts

200.

(1)

The Jurisdiction of a Kadhis court extends to

(a)

the determination of questions of Muslim

Law relating to personal status, marriage,
divorce, including matters arising after
divorce, and inheritance and succession in
proceedings in which all the parties profess
Islam;

(b)

the determination of civil and commercial

disputes between parties who are Muslims, in
the manner of a small claims court as by law
established, but without prejudice to the
rights of parties to go to other courts or
tribunals with similar jurisdiction;

(c)
the settlement of disputes over or arising out
of the administration of wakf properties.
(2)
Subject to the Constitution, an appeal lies, as of
right, from a judgement, decree or order of the District
Kadhis Court to the Provincial Kadhis Court, presided

over by a Senior Kadhi, in any matter or cause determined

by the lower court.
(3)
An appeal lies, as of right, from a judgement, decree
or order of the Provincial Kadhis Court to the Kadhis
Court of Appeal, presided over by the Chief Kadhi and two
senior Kadhis.
(4)
An appeal from the Kadhis Court of Appeal lies to
the Supreme Court only on a point of Islamic Law or on an
issue affecting the interpretation of the Constitution or any
other constitutional issue.
(5)
For the purposes of hearing and determining an
appeal within its jurisdiction, the Provincial Kadhis Court
and the Kadhis Court of Appeal have all the powers,
authority and jurisdiction in the court from which the
appeal is brought.
(6)
The Chief Kadhi shall, in consultation with the Chief
Justice and the Law Society of Kenya, make rules of Court
for the practice and procedure to be followed by the
Kadhis Courts.
Appointment of Kadhis
201.

(1)
Kadhis shall be appointed by the Judicial Service
Commission.
(2)
In the appointment of the Kadhis, the Judicial
Service Commission shall take into account the
qualifications of the Kadhi in Muslim personal law
applicable to the different sects of Islam.
(3)
The Chief Kadhi shall have the same status,
privileges and immunities as a High Court judge; the
senior Kadhi as a Chief Magistrate and the District Kadhi
as a District Magistrate in a magistrate court.
(4)
The Chief Kadhi and the other Kadhis shall be fulltime judicial officers.

Qualifications for appointment of Kadhis

202.

(1)
A person is qualified to be appointed as a Chief
K dhi if th t

(a) is a Muslim of not less than thirty-five years of

age;
(b) is an advocate of the High Court of Kenya of at
least ten years experience as a legal practitioner
and has attended, and obtained a recognized
qualification in Muslim personal law,
applicable to any sect or sects of Islam, from a
recognized University; and
(c) has obtained a degree in Islamic law from a
recognized University, and has not less than ten
years experience in the practice of Islamic Law,
or has held the office of a Kadhi for a similar
period.
(2)
The qualification for appointment as a Kadhi or
Senior Kadhi is the same as the qualification for the
appointment of the Chief Kadhi except that the requisite
number of years of experience shall be five years.
The Rules Committee
203

(1)
There shall be a rules committee with authority to
make rules of procedure applicable to the various courts set
up under this Constitution.
(2)

The rules committee shall consist of

(a)

the Chief Justice;

(b)

the President of the Court of Appeal;

(c)

the Principal Judge of the High Court;

(d)

the Chief Kadhi;

(e)

the Registrars of the Supreme Court, the

Court of Appeal and the High Court; and

(f)

two representatives of the Law Society of

Kenya

(3)
The rules committee shall have authority to
determine the fees payable in respect of any matter or suit
filed before any court.
The Judicial Service Commission
204.

(1)
To ensure and enhance the independence and
judicial accountability of the judiciary and the efficient and
effective administration of justice, there is hereby
established the Judicial Service Commission consisting of(a) a full-time chairperson who is qualified to be
appointed a Judge of the Supreme Court,
appointed by the President of the Republic and
approved by the National Council;
(b)

a Muslim woman to represent the Muslim

community, nominated by the National Muslim
Organization;

(c) the Attorney-General ;

(d) one Supreme Court Judge elected by Judges of
the Supreme Court;
(e) one Court of Appeal Judge elected by the Judges
of the Court of Appeal;
(f)

one High Court Judge elected by the Judges of

the High Court;

(g) the Chief Kadhi;

(h) two magistrates, one of whom shall be a woman,
elected by the magistrates;
(i)

two advocates of fifteen years standing, one

whom shall be a woman, nominated by the Law
Society of Kenya;

(j)

two law teachers, one of whom shall be a

woman, elected by the faculties of law of public
universities;

(k) a member nominated by the Council of Legal

Ed ti

(l)

the chairperson of the Public Service

Commission or a nominee of the chairperson;
and

(m) three lay members, one of whom is a woman, to

be nominated by the Non-Governmental
Organization, established under the NGOs Coordination Act or any other similar legislation in
force at the time.
(2)
Members of the Commission shall hold office for a
term of five years and are eligible for re-appointment for a
further and final term of five years.
Functions of the Judicial Service Commission
205.

(1)
The functions of the Judicial Service Commission
are (a)

to recommend to the President of the

Republic persons for appointment as judges;

(b)

to review and make recommendations on the

terms of service of Judges, magistrates and
other judicial officers, other than salaries and
remuneration;

(c)

to appoint, discipline and remove registrars,

magistrates and other judicial officers,
including paralegal staff in accordance with
the law prescribed by Parliament;

(d)

to review and investigate complaints against

judges in accordance with the Constitution;

(e)

to prepare and implement programmmes for

the education and training of judges,
magistrates and paralegal staff;

(f)

to advise the Government on improving the

efficiency of the administration of justice, and
access to justice- including legal aid;

(g)

to encourage gender equity

d i i t ti
f j ti
d

in

the

(h)

any other function prescribed by the

Constitution or by an Act of Parliament.

(2)
In performing its functions the Commission is
subject only to the Constitution and the law.
(3)

The Commission may regulate its own procedures.

Appointment and removal of certain judicial officers

206.

(1)
The Judicial Service Commission is responsible for
the appointment of (a)

judicial officers; and

(b)

the Registrars of the Courts, the Chief court

administrator and other officers and
employees of the Judiciary,

(3)
A judicial officer shall retire on attaining the age of
sixty-five years, but may retire on attaining the age of sixty
years.
(3)
A judicial officer may be removed from office by
the Judicial Service Commission on the ground of(a)

inability to perform the functions of office,

arising from infirmity of mind or body or
from any other sufficient cause;

(b)

incompetence;

(c)

a breach of the Code of Conduct applicable to

judicial officers; or

(d)

any other misconduct.

(4)
For the purposes of this Article, judicial officer
means a person who holds, or is acting, in the office of (a)

magistrate or Kadhi; and

(b)

registrar or deputy registrar and any other

office connected with the Judiciary, as

specified in regulations made by the Judicial

Service commission.
Salaries and retirement benefits
207

(1)
The salaries, allowances, gratuities and the pension
payable to the judges and other staff of the Judiciary are
charged on the Consolidated Fund.
(2)
The salaries, allowances, privileges and other
conditions of service of the judges and of superior courts of
record shall not be varied to the disadvantage of the judges.
Part IILegal System

Attorney-General
208. (1)
The office of the Attorney General is established as
a constitutional office.
(2) The Attorney General shall be appointed by the
President on the recommendation of the Judicial Service
Commission and with the approval of the National Council.
(3)
The qualifications for appointment as Attorney
General are the same as for appointment to the High Court.
(4)
The Attorney General is the principal legal adviser
to the National Government.
(5)
It is the special responsibility of the Attorney
General to promote and uphold the rule of law.
Director of Public Prosecutions
209.

(1)
The office of the Director of Public Prosecutor is
established as a constitutional office.
(2)
The Director of Public Prosecutions shall be
appointed by the President on the recommendation of the
Public Service Commission and with the approval of the
National Council.
(3) The qualifications for appointment as Director of Public
Prosecutions are the same as for appointment to the High
C t

(4)
The Director of Public Prosecutions shall exercise
state powers of prosecution. In the exercise of that power
he shall not be subject to the control of any other person or
authority.
(5)
The Director of Public Prosecutions shall have
power to direct the police to investigate any information or
allegations of criminal conduct.
(6)
Parliament may confer powers of prosecution on
other authorities.
(7)
The Director of Public Prosecutions may not
withdraw a prosecution without the permission of the court.
(8)
The Director of Public Prosecutions does not require
the consent of any person or authority for the
commencement of prosecution proceedings.
(9)

(i)
In exercising his or her powers under this
Article, the Director of Public Prosecutions shall
have, to the public interest, the interest of the
administration of justice and the need to prevent
abuse of the legal process.
(ii)
The Director of Public Prosecution shall have
authority to appear as a friend of the court, in any
criminal prosecution commenced before any court or
tribunal.

Public Defender
210.

(1)
There is established the office of the Public
Defender as a constitutional office.
(2)
The Public Defender shall be appointed by the
President on the recommendation of the Judicial Service
Commission and with the approval of the National Council.
(3)
The qualifications for appointment as Public
Defender are the same as for appointment to the High
Court.

(4)
The Public Defender shall provide legal advice and
representation to persons who are unable to afford legal
services.
(5)
The Public Defender shall disseminate information
on access to the law and legal institutions.
(6)

Parliament shall enact a law making provision for -

(a)
the effective management of the public
defenders office;
(b)
the categories of persons who qualify for
legal aid;
(c)

the categories of cases that qualify for legal

aid; and

(d)

other limitations in accessing legal aid

Prerogative of mercy
211.

(1)
The prerogative of mercy shall be exercised by the
President in accordance with the advice of the Committee
on the Prerogative of Mercy.
(2)
The Committee on the Prerogative of Mercy shall
consist of the Attorney General as chairman and six
prominent Kenyans appointed by the President.
(3)
A member of Parliament or a member of the District
Council, or a judge or judicial officer is not qualified for
appointment to the Committee on the Prerogative of Mercy.
(4)
The President may, on the advice of the Committee
on the Prerogative of Mercy (a)

grant to any person convicted of an offence, a

pardon either free or subject to lawful
conditions;

(b)

postpone, either for a specified period or

indefinitely, the carrying out of punishment
imposed on a person; and

(c)

substitute a less severe form of punishment for

a punishment imposed on a person for an
offence.

(5)
When appropriate, the President shall consult the
victims of the offence in respect of which he or she intends
to exercise the prerogative of mercy.
Part III-Legal Profession
The profession of law
212. (1)
The privilege of practising law is a public trust. It is
a fundamental duty of every legal practitioner to(a)

uphold the Constitution;

(b)

observe, respect, protect and promote the

rights and freedoms set out in the Bill of
Rights;

(c)

conduct the practice of law with integrity,

and to be scrupulously honest in all
dealings with clients, other legal
practitioners, the courts, and any public
office or officer;

(d)

advocate fearlessly before the court or any

tribunals on behalf of, and in the interests
of, the client;

(e)

assist the court in the development of the

law by presenting well-reasoned,
innovative and challenging arguments,
such as will advance the objects and
purpose of the Constitution and the rule of
law; and

(f)

subject to the confidentiality of a clients

business and communications, draw the
attention of the appropriate authority, to
any actual or apprehended violation of the
Constitution or any law.

CHAPTER TEN
DEVOLUTION OF POWERS
Part IPrinciples and Objectives of Devolution
General principles
213.

(1)

The principles and objects of devolution are to(a)

give powers of self-governance to the people

at all levels and enhance the participation of
people and communities in the exercise of the
powers of the state;

(b)

strengthen national unity by recognising

diversity in ways that promote the sense
among all citizens that they belong to Kenya
and share in its government;

(c)

ensure democratic and accountable exercise

of power;

(d)

increase checks and balances and the

separation of powers;

(e)

promote social and economic development

throughout Kenya;

(f)

ensure equitable sharing of national and

local resources throughout Kenya, with
special provisions for marginalised areas;

(g)

facilitate the decentralisation of central

government powers and the location of
central government institutions and
departments away from the capital territory to
ensure equitable distribution of resources in
all the provinces;

(h)

provide essential services to the people

effectively and
economically;

(i)

protect and promote the interests and rights

of minorities and disadvantaged groups; and

(j)

facilitate co-operation between National and

Devolved Authorities.

(2)
The devolved authorities are entitled to an equitable
share of revenue raised nationally to enable them to provide
basic services and discharge their other responsibilities.
(3)
Devolved governments are entitled to the benefit of
local resources in order to ensure that these benefit the local
community.
(4)
The National and Devolved Governments shall
ensure the participation of communities in decisions
relating to the exploitation of natural resources in their
areas and the preservation of the environment.
(5)
The National and Devolved Governments shall
ensure the participation of communities in policing and the
maintenance of law and order.
Part II--The Organisation of Devolution
Principles of devolved government
214.

(1)

Subject to the Constitution

(a)

the structure of devolved authorities is based

on democratic principles and the separation of
powers;

(b)

legislative or policy making or supervisory

councils and executive authorities are elected;

(c)

executive authorities are accountable to

elected councils;

(d)

members of councils and the executive can be

recalled by registered voters; and

(e)

at least one third of members of councils are

women.

(2)
Legislation to implement this Chapter shall observe
these principles.
Levels of Government
215.

(1)

Powers are devolved to the following levels:

(a)
(b)
(c)
(d)

village,
location,
district, and
province.

Village Government
216.

(1)
The village decides whether the Village Council is
constituted by village elders or through elections.
(2)
The Village Council shall contain no less than six
members and no more than ten members.
(3)
The village decides on the system of village
government, including the role of the Village Council.

Locational Government
217.

(1)
The Location Council consists of two
representatives, one of whom shall be a women, elected by
each Village Council from among its members.
(2)
The Location Administrator is the executive
authority of the Location.
(3)
The Location Administrator shall be elected by the
registered voters of the Location.

District Government
218.

(1)
The legislative authority of the District is vested in
the District Council.
(2)
The District Council consists of members directly
elected by the registered voters of the District. The District
Council shall consist of not less than twenty or more than
thirty members .

(3)
The District Administrator is the executive authority
of the District.
(4)
The District Administrator is elected directly by the
registered voters of the District.
(5)
The District Administrator, with the approval of the
District Council, appoints chief officers from persons who
are not members of the District Council.
(6)
The District Administrator can be dismissed by the
vote of an absolute majority of members of the District
Council that is supported in a referendum by a majority of
those voting in the referendum.
Provincial Government
219.

(1)
The legislative authority of the Province is vested in
the Provincial Council.
(2)
The Provincial Council consists of two
representatives, one of whom shall be a woman, chosen by
each District Council from among its members.
(3) The Provincial Executive Committee consists of District
Administrators.
(4)
The Provincial Administrator is the executive
authority of the Province.
(5)
The Provincial Administrator is appointed by the
Provincial Council on the nomination of the Provincial
Executive Committee from among its members.

Part III

- Powers of Devolved Governments and

Intergovernmental Relations

Powers of District Government

220.

(1) District Government is the principal level of

devolution of powers.
(2)
The powers of the District Government are
contained in List II of the Seventh Schedule .

Functions of Provincial Government

221.

(1)
to

The principal functions of the Provincial Council are

(a)

enhance the capacity of the District Councils

and to promote co-operation between the
District Councils;

(b)

assist Districts to develop their capacity to

discharge their functions;

(c)

formulate plans and policies for the

exploitation of the provincial resources and
development of provincial infrastructure; and

(d)

manage provincial institutions.

Urban Government
222.

(1)
Nairobi has the status of the capital territory and
shall be managed in accordance with an Act of Parliament.
(2)

A city or municipality has the status of a district.

(3)
Towns and urban centres have the status of a
location.
Staffing of Devolved Authorities
223.

(1)
For the avoidance of doubt, the system of provincial
administration existing at the time of the coming into force
of the Constitution is abolished.
(2)

District Governments may employ their own staff.

(3)
The National Government, in consultation with
Devolved Authorities, may deploy its public officers in the
Provinces and Districts to carry out its policies.
Financial arrangements
224.

(1) The National Government is responsible, in

accordance with Act of Parliament, for the collection of the
major sources of revenue.

(2)
Districts may impose taxes or levies under the
authority of an Act of Parliament.
(3)
The national revenue shall be shared equitably
between the National and Devolved Governments.
Commission on Local Government Finance
225.

(1)
A Commission on Local Government Finance shall
be appointed every four years. It shall consist of six
members, three of whom are appointed by the National
Council and three appointed by the National Government.
(2)
The Commission shall advise the National
Government and the devolved governments on the
distribution of grants to the devolved councils.
(3)

Grants include:
(a)

unconditional grants, based on the criteria of

population and geography and any other
relevant factors;

(b)

conditional grants, based on the criteria

approved by Parliament; and

(c)

equalization grants paid to marginalized

districts.

(4)
Provincial secretariat is funded by the National
Government.
(5)
The Auditor-General shall audit the accounts of the
devolved governments.
Share of national resources
226.

(1) Districts shall be entitled to a substantial share of the

national revenue from local resources and for the allocation
of a fixed percentage to the communities in whose areas the
resources are generated.
(2)
The revenue from national resources shall be shared
equitably between the Districts and the National
Government.

(3)
The manner of distribution of revenue shall be set out in an
Act of Parliament.
Intergovernmental relations
227.

(1)
The powers of the National Government are
contained in List I, the powers of Districts are contained in
List II, and the concurrent powers are contained in List III
in the Seventh Schedule.
(2)
A ministry of the National Government shall
maintain liaison with the District and the Provincial
Governments.
(3)
Public servants who are posted to provinces and
districts shall liaise with the Provincial and District
Governments for the purpose of exchange of information
and co-ordination of policies and administration.
(4)
The public servants referred to in clause (2) shall be
posted after consultation with the Provincial and District
Governments.
(5)
A District Government may be suspended in an
emergency or in case of war or for gross inefficiency or
corrupt practices or failure to comply with the Code of
Conduct applicable to District Government.
(6)
Except in the case of an emergency or war, a District
Council shall not be suspended unless an independent
commission of inquiry has investigated the allegations
against it and the President is satisfied that the allegations
are justified.
(7)
During a suspension under clause (5) arrangements
shall be made for the performance of the functions of the
District Government as specified in an Act of Parliament,
and the authority charged with the responsibility of
implementing the arrangements shall liaise with the
relevant Provincial Council.
(8)
A suspension under this Article shall not extend
beyond a period of ninety days, during which period new
elections for the Council shall, in appropriate
circumstances, be held.

Prohibition against holding elective office at national and devolved

levels
228.

A person shall not hold a public or an elective office at the

same time in both the National Government and a
Devolved Government.

Co-operation between District Councils

229.

(1) District Councils may co-operate in the performance

of their functions and for that purpose may set up joint
committees or joint authorities.
(2)
The arrangements for co-operation and the
arrangements for the termination of the arrangements shall
be agreed upon by a resolution of the District Council
supported by votes of a majority of all the members of each
relevant Council.

Legislative provisions for devolution

230.

(1) To give effect to the principles and objectives of

devolution and other provisions of this Chapter, detailed
provisions for the structure, powers and functions of
Devolved Authorities and their relationship with the
National Government shall be contained in an Act of
Parliament.
(2)
That Act of Parliament shall be enacted or amended
only by the votes of an absolute majority of the members of
each house of Parliament.
(3)

The Act(a)

shall provide for the division of legislative

and executive powers between the National,
Provincial, District, Location and Village
Governments;

(b)

may provide that the power to make laws on a

matter is with one government and the power
to implement it with another government or
governments;

(c)

shall provide for a list of concurrent powers

hi h it
if
tt
hi h th

laws of Parliament shall prevail over the

laws of a District Council and matters on
which the laws of a District Council shall
prevail over the laws of Parliament, in case
of conflict;
(d)

may provide for delegation of functions of

one level of government to another and shall
specify the conditions for the transfer and
recall of the powers;

(e)

may specify that legislation passed by

Parliament should contains provisions for its
adaptation to local circumstances by a
District or a Province;

(f)

shall provide for the settlement of disputes

between different levels of government and
between governments at the same level of
government;

(g)

shall specify that in the resolution of intergovernmental disputes attempts shall first be
made at mediation and negotiations for a
settlement;

(h)

shall establish the mechanism and criteria for

the allocation of funds to Provinces, Districts,
Locations and Villages;

(i)

shall ensure that one-third of the composition

of the Province, District, Location and Village
councils shall be women;

(j)

(k)

shall require appropriate constitutional

commissions and constitutional office holders
to establish offices in every District over a
specified period;
may provide for constitutional commissions
and constitutional office holders to
recommend to the President that an inquiry be
held to determine whether there are grounds
for the suspension of a devolved government
on the basis that the devolved government has
f il d t di h
it f
ti
f i l

honestly or efficiently in accordance with the

Constitution or the Act;
(l)

may provide for a phased transfer of powers,

functions and resources to devolved
government bodies on the basis of satisfying
clearly prescribed criteria showing
appropriate capacity to discharge the
functions and powers;

(m)

may specify that the costs of salaries of

Councillors and Administrators shall be met
from revenues raised directly by the devolved
government;

(n)

may require Devolved Governments to have

rules and mechanisms for the protection of
minorities and the promotion of their rights
and interests;

(o)

may specify special measures for the

development of marginalised areas; and

(p)

shall specify the maximum and minimum size

of membership of councils and executives of
devolved governments.

Interpretation
231. In this Chapter
devolved governments and devolved authorities mean
the legislative and executive authorities at all levels of
devolution mentioned in Articles 215, 216 , 217 and 219;
village means the area of a sub-location;. and
councils means the village, location, district and
provincial councils.

CHAPTER ELEVEN
LAND AND PROPERTY
Land policy framework
232.

(1)
Land, being Kenyas primary resource and the basis
of livelihood for the people shall be held, used and
managed in a manner which is equitable, efficient,
productive and sustainable.
(2)
The State shall define and keep constantly under
review a national land policy directed at ensuring among
others, the following (a)

equitable access to land and associated

resources;

(b)

security of land rights for all land holders,

users and occupiers in good faith;

(c)

sustainable and productive management of

land resources;

(d)

transparent and cost effective administration

of land;

(e)

sound conservation and protection of

ecologically sensitive areas; and

(f)

socially acceptable management and

resolution of land disputes.

Ownership of land
233.

(1)
All land in Kenya belongs to the people of Kenya
collectively as communities and as individuals.
(2)
Subject to this Constitution no person other than a
citizen of Kenya shall have the right to acquire any interest
or right in land in Kenya.
(3)
Non-citizens of Kenya may hold or use land on the
basis of leasehold tenure only and such leases however
granted shall not exceed ninety-nine years.

Classification of land
234.

(1)
All land in Kenya is designated as public,
community or private land.
(2)

(3)

The following description of land is public land

(a)

land which at the commencement of this

Constitution was held as unalienated
Government land in terms of the
Governments Lands Act, Cap 301.

(b)

land held, used or occupied by any Ministry,

Department or agency of the Government or
local authority, except where such land is
used or occupied on the basis of a lease;

(c)

all land ceded to the people of Kenya by way

of reversion, or surrender; land in respect of
which no individual or community ownership
can, by process of law, be established
including land declared to be vacant and land
in respect of which no heir can, by ordinary
process of law be identified;

(d)

all roads and thoroughfares to which the

Public Roads and Roads of Access Act Cap.
399 apply;

(e)

all rivers, lakes and water bodies as defined

in the Rivers and Lakes Act, (Cap 409) or in
any other law; and

(f)

the territorial sea and sea-bed.

The following description of land is community land

(a)

all land currently held as trust land under the

Trust Lands Act Cap. 288;

(b)

all land registered in the name of group

representatives in terms of the provisions of

the Land (Group Representatives) Act Cap.

287;

(4)

(c)

all land held, managed or used by specific

communities as community forests, water
sources, grazing areas or shrines and
identified by them as such whether or not
such land is, but for this provision, classified
as public land; and

(d)

any land hereinafter ceded to a specific

community by way of any process of
alienation, transmission or conversion.

The following description of land is private land (a)

any land held under freehold tenure and

registered under the Registration of Titles
Act Cap. 281 and the Land Titles Act Cap.
282;

(b)

land held as absolute property under the

Registered Land Act, Cap. 300, not being
land to which the Land (Group
Representatives) Act, Cap 287 applies;

(c)

land the subject of a leasehold grant whether

or not the lease is in respect of public or
community land and so long only as the lease
remains in force; and

(e)

any land acquired by mechanisms under any

law which confers upon any person exclusive
ownership or occupation of land.

(a)

Public land is the collective property of

present and future generations and shall vest
in and be held by the National Land
Commission in trust for the people; and

(b)

Public land shall not be disposed of or

otherwise used
except in terms of legislation specifying the
t
dt
f th t t t

Tenure of land
235.

(1)

(2)

(a)

Community land shall vest in and be held by

communities identified on the basis of
ethnicity, culture, or community of interest.

(b)

Community land shall not be disposed of or

otherwise used except in terms of legislation
specifying the nature and extent of the rights
of members of each community individually
and collectively.

(3) Private land shall vest in and be held by individuals or

other jural persons in terms of legislation specifying the
nature and extent of rights in respect to private land.
(4)
Within two years of the coming into force of this
Constitution, Parliament shall (a)

enact law for (i)

the revision, consolidation, and

rationalization of existing land laws;

(ii)

the revision of all sectoral land use laws

in accordance with the national land
policy;

(iii) the manner in which any land may be

converted from one category to another;
(iv) the protection of dependants of
deceased persons holding interests in
any land including the interests of
spouses in actual occupation of land;
(v)

the recognition and protection of

matrimonial property and in particular
the matrimonial home during and at
the termination of marriage;

(vi)

the establishment of an efficient and

cost-effective land administration
system including the management and
expeditious settlement of land disputes;

(vii)

the resettlement of landless people

including spontaneous settlement
communities in urban areas;

(viii) the establishment of a land fund to

enable Kenyans gain access to land on
an equitable basis; and
(ix)

(b)

the ascertainment and adjudication of

any land held for the benefit of any
community by any person or agency,
and the transfer of such land to
communities entitled to it.

Establish mechanisms for (i)

the review of all grants or dispositions of

government or other public land to establish
their propriety and legality and to determine
whether or not such grants or dispositions
should be revoked;

(ii)

the review and assessment of all claims to

unjust expropriation of land in the Coast,
North Eastern, and Rift Valley provinces or
elsewhere whether arising from historical or
other causes in order to establish their
validity and how best they can be justly,
peacefully and equitably resolved; and

(iii)

Parliament shall determine the cut-off date

with reference to which the review is
required in paragraph (ii) is to be conducted

Protection of property in land

236. (1) Subject to this Constitution, property rights in land
lawfully acquired shall be protected and may be freely
alienated without discrimination on the basis of gender or
any other cause.
(2)

The State has the power to take possession of or

acquire any right or interest in land where the
following conditions are satisfied

(a)

the acquisition and or taking is necessary in

the interests of defence, public safety, public
order, public morality, public health, town
and country planning or the development or
utilization of property so as to promote the
public benefit;

(b)

the necessity therefore is such as to afford

reasonable justification for the causing of
hardship that may result to any person having
an interest in or right over the property; and

(c)

provision is made by a law applicable to that

acquisition or taking of possession for the
prompt payment of full compensation prior to
occupation of such land.

(3)
The state has the power to regulate the use of any
land, interest or right in land in the interest of defence,
public safety, public order, public morality, public health,
land use planning or the development or utilization of
property so as to provide the mutual benefit as long as such
regulation does not amount to an acquisition of or taking of
possession in terms of clause (2).
Establishment of National Land Commission
237.

(1) There is established a National Land Commission

consisting of a chairperson, a deputy chairperson and eight
other members nominated and appointed in accordance
with the provisions of Chapter Seventeen of this
Constitution.
(2)

The functions of the National Land Commission are

to
(a)

hold title to public land in trust for use by the

people of Kenya;

(b)

administer public land on behalf of the

government and local authorities,

(c)

define and keep constantly under review the

national land policy;

(d)

lid t

df

ti

t ti

ll

laws relating to land;

(e)

exercise residual land administration

function on behalf of local authorities; and

(f)

perform such other functions as may be

entrusted to it by law

(3)
Parliament shall enact a law to define the
organization and powers of the Commission.
Interpretation
238. In this chapter, land means the soil, the subsoil, any subterrenean deposits beneath it, any body of water wholly
contained within or beneath any land and the airspace
immediately above it.

CHAPTER TWELVE
ENVIRONMENT AND NATURAL RESOURCES
Environmental Protection
239.

(1) Every person in Kenya has a duty to safeguard and

enhance the environment.
(2)
All State officials exercising a power or performing
a function involving the administration, protection or
exploitation of land or natural resources, shall have regard
to the following principles of sustainable development (a)

Public participation shall be encouraged and

facilitated in the development and execution
of policies, plans and processes for the
management of the environment.

(b)

The cultural and social principles for the

management of the environment or natural
resources traditionally applied by any
community within Kenya shall be applied, in
so far as (i)

they are relevant; and

(ii)

not repugnant to justice and morality,

or inconsistent with other
constitutional principles.

(3) All State officials exercising power or performing a

function involving the administration, protection or
exploitation of land or resources shall be guided by the
need to
(a)

protect the wildlife, genetic resources and

biological diversity of Kenya;

(b)

protect forests and encourage and carry out reafforestation;

(c)

practise, encourage and, where practicable,

require waste, minimization and recycling;

(d)

practise, encourage and where practicable

require water conservation, and specifically to
protect water catchment areas, water bodies
and groundwater conservation areas;

(e)

practise, encourage and, where practicable

require the use and development of energy
efficient technology and
the use of
renewable energy sources;

(f)

protect the environment, giving priority to

prevention of environmental damage and
degradation, but also providing for restoration
in case of existing or unavoidable damage, and
for compensation;

(g)

establish and ensure the effective functioning

of a system of environmental impact
assessment that
(i)

applies to any project or combination

of projects, including government
projects,
likely to have a
significant i m p a c t
on
the
environment or natural resources;

(ii)

is open and gives adequate

opportunity for public comment; and

(iii)

is scrutinised by a body which is

independent of the project proponent
d th i
f hi h h ll b t k

into consideration when deciding

whether to grant approval for the
project;
(h) to establish systems of environmental audit and
monitoring; and
(i)

to ensure that environmental standards

enforced in Kenya reflect the best of
developing standards internationally.

National Environment Management Commission

240.

(1) There is established the National Environment

Management Commission.
(2)

The Commission shall(a)

exercise general supervision and coordination

over all matters relating to the environment and
shall be the principal instrument of the
Government in the implementation of all
policies relating to the environment;

(b)

promote the integration of environmental

considerations into development policies,
plans, programmes and projects with a view to
ensuring the proper management and rational
utilization of environmental resources on a
sustainable basis;

(c)

examine land use patterns to determine their

impact on the quality and quantity of natural
resources; and

(d)

advise the Government on legislative and

other measures for the management of the
environment or the implementation of
relevant international conventions, treaties
and agreements in the field of the
environment.

Enforcement of environmental rights

241.

(1)
If a person alleges that the right to a clean and
healthy environment recognized and protected under this
chapter has been, is being or is likely to be contravened in
relation to that person, then, in addition to any other legal
remedies which are available in respect to the same matter,
that person may apply to the High Court for redress.
(2)
On an application by a person under clause (1), the
High Court may make such orders, or give such directions
as it may consider appropriate, to
(a)

prevent, stop or discontinue any act or

omission which is harmful to the
environment;

(b)

compel any public officer to take measures to

prevent or discontinue any act or omission
which is harmful to the environment; and

(c)

provide compensation for any victim of

pollution and the cost of beneficial uses lost
as a result of an act of pollution and other
losses that are connected with or incidental to
the foregoing.

(3)
A person bringing an action under this Article has
the capacity to bring the action in court even if the person
cannot show that the defendants act or omission has
caused or is likely to cause that person any personal loss or
injury.
Environmental legislation.
242.

Parliament shall enact legislation to give effect to the

provisions of this chapter.

CHAPTER THIRTEEN
PUBLIC FINANCE AND REVENUE MANAGEMENT
Principles and objects of Public Finance and Revenue Management
243.

The primary object of the public finance and revenue

management system of the Republic of Kenya is to (a)

ensure efficient and effective generation of revenue

for the purposes of promoting and safeguarding the
well-being of the people of Kenya;

(b)

enhance the participation of people, communities

and civil society organizations in public finance
management;

(c)

ensure equitable sharing of national and local

resources throughout the Republic, taking into
account the special provisions for marginalized
areas

(d)

ensure the equitable division of revenue raised

nationally among national, provincial and district
and local levels of government;

(e)

ensure that in allocation and distribution of national

revenue adequate consultation is conducted, and
recommendations from various levels of
government an sectors are considered; and

(f)

ensure that the budgets and budgetary processes

promote transparency, accountability and the
effective financial management of the economy,
debt and public sector

Imposition of tax
244.

(1)
Subject to the provisions of the Constitution, no tax shall
be imposed except under the authority of an Act of Parliament.
(2)
No person or authority may waive or vary any tax
imposed by law except as expressly provided by an Act of
Parliament.

(3)
Any person or authority who waives or varies a tax and
shall submit to Parliament within three months of such waiver and
variation a report setting out
(a)

the person or persons in whose favour the waiver or

variation has been granted;

(b)

the amounts so waived or varied; and

(c)

the reasons upon which a waiver or variation has

been granted.

The Consolidated Fund

245.

(1)
All revenues or other moneys raised or received for the
purpose of or on behalf of, or in trust for, the Government shall be
paid into and form a Consolidated Fund.
(2)
The revenues or other moneys referred to in clause (1) of
this Article shall not include revenues or other moneys
(a)

that are payable by or under an Act of Parliament,

into some other public fund established for a
specific purpose; or

(b)

that may, under an Act of Parliament, be retained by

the department of Government that received them
for the purpose of defraying the expenses of that
department.

Withdrawals from the Consolidated Fund.

246.

(1)
No moneys shall be withdrawn from the Consolidated
Fund except (a)

to meet expenditure charged on the Fund by the

Constitution or by an Act of Parliament; or

(b)

where the issue of those moneys has been authorized

by an Appropriation Act, a Supplementary
Appropriation Act or as provided under clause (4) of
this Article.

(2)
No moneys shall be withdrawn from any public fund other
than the Consolidated Fund, unless the issue of those moneys has
been authorised by law.
(3)
No moneys shall be withdrawn from the Consolidated
Fund unless the withdrawal has been approved by the Controller
of Budget in the manner prescribed by Parliament.
(4)
If the Controller of Budget is satisfied that the
Appropriation Act in respect of any financial year will not come
into operation by the beginning of that financial year, the
Controller of Budget may, subject to this Article, authorize the
issue of moneys from the Consolidated Fund (not exceeding
twenty percent of the budget of the previous year) for the purpose
of meeting expenditure necessary to carry on the services of the
Government in respect of the period expiring four months from the
beginning of the financial year, or on the coming into force of the
Appropriation Act, whichever is earlier.
Contingency Fund
246A Parliament shall make a provision for the establishment of a
Contingency Fund and shall make laws to regulate the operations
of that Fund
Financial year estimates
246B.. (1)
The Prime Minister shall prepare and lay before Parliament
in each financial year, but in any case not later than two months
before the commencement of the financial year, estimates of the
revenues and expenditure of Government for the next financial
year.
(2)
The Prime Minister shall prepare a detailed fiscal and
monetary strategic plan for economic and social development for
a period of three years which shall be laid before Parliament
together with the estimates.
(3)
Parliament shall consider the strategic plan together with
the estimates and may propose improvements or alterations
thereto which shall be incorporated into the plan within thirty
days.

(4) Subject to the Constitution, the head of any selfaccounting department, commission or organization set up
under the Constitution, shall submit to the Prime Minister,
at least two months before the end of each financial year,
estimates of administrative and development expenditure
and estimates of revenues of the respective department,
commission or organization for the following year.
(5)
The estimates prepared under clause (4) of this article
shall be laid before Parliament by the Prime Minister under
clause (1) of this article without revision but with any
recommendations that the Government may have on them.
(6)
At any time before Parliament considers the estimates of
revenues and expenditure laid before it by or on the authority of
the Prime Minister, an appropriate committee of Parliament shall
discuss and review the estimates and make appropriate
recommendations to Parliament.
(7)
The committee of Parliament referred to in clause 6 shall
in discussing and reviewing the estimates, seek representation
from the public and the Economic and Social Commission and
such recommendations shall be taken into account when the
committee makes its recommendations to Parliament.
(8)
Whenever, in the estimates prepared under clause (1),
provision is made for an item or vote (other than the Contingency
Fund) not relating to a specific item of expenditure, any moneys
voted by Parliament in respect of that item or vote shall be under
the control or supervision of Committee on Planning and
Budgeting.
(9)
The Prime Minister shall prepare and submit before
Parliament
(a)

fiscal and monetary programmes and plans for

economic and social development covering periods
exceeding one year; and

(b)

estimates of revenue and expenditure covering

periods exceeding one year.

(10) Parliament may make laws to give effect to the provisions

of this Article.

Charge on the Consolidated Fund

247

Parliament shall, in an Act of Parliament, prescribe the offices in

respect of which the salaries and allowances are charged on the
Consolidated Fund by the Constitution.

Appropriation Bill
248.

(1)
The heads of expenditure contained in the estimates, other
than expenditure charged on the Consolidated Fund by the
Constitution or any Act of Parliament, shall be included in a bill
to be known as an Appropriation Bill which shall be introduced
into Parliament to provide for the issue from the Consolidated
Fund of the sums necessary to meet that expenditure, and the
appropriation of those sums for the purposes specified in the bill.
(2)

If in respect of any financial year it is found

(a)

that the amount appropriated for any purpose under

the Appropriation Act is insufficient or that a need
has arisen for expenditure for a purpose for which
no amount has been appropriated by that Act; or

(b)

that any moneys have been expended for any

purpose or for a purpose for which no amount has
been appropriated by that Act, a supplementary
estimate showing the sums required or spent shall be
laid down before Parliament and in the case of excess
expenditure, within four months after the first
drawing on the money is made:

provided that the sums required or spent in a supplementary

estimate shall not in total exceed ten percent of the sums
appropriated by Parliament for the respective purposes during
that financial year.
(3)
Where, in respect of any financial year, a supplementary
estimate or supplementary estimates have been approved by
Parliament in accordance with clause (2) of this Article, a
Supplementary Appropriation Bill shall be introduced into
Parliament in the financial year next following that financial year
to which the estimates relate, providing for the appropriation of
the sums so approved for the purposes specified in those
estimates.

(4)
The provisions of Article 242 (5) shall apply to
estimates prepared under clause (2) of this Article.
Power of Government to borrow
249.

(1)
Subject to the Constitution, the Government may borrow
from any source.
(2)
The Government shall not borrow, guarantee, or raise a loan
on behalf of itself or any other public institution, authority or
person, except as authorized by or under an Act of Parliament.
(3)
An Act of Parliament made under clause (2) of this Article
shall provide
(a)

that the terms and conditions of the loan shall be laid

before Parliament and shall not come into force
unless they have been approved by a resolution of
Parliament; and

(b)

that any moneys received in respect of that loan shall

be paid into the Consolidated Fund, and form part of
that Fund or into some other public fund which is
existing or is created for the purpose of the loan.

(4)
The Prime Minister shall, at such times as Parliament may
determine, present to Parliament such information concerning
any loan as is necessary to show
(a)

the extent of the total indebtedness by way of

principal and accumulated interest;

(b)

the provision made for servicing or repayment of the

loan; and

(c)

the utilization and performance of the loan.

(5)
For the purposes of this Article, the expression loan
includes any money lent or given to the Government on
condition of return or repayment and any other form of
borrowing or lending in respect of which
(a)

moneys from the Consolidated Fund or any other

public fund may be used for payment or repayment; or

(b)

moneys from any fund may be used for payment or

repayment.

Public Debt
250.

(1)
The Public Debt of Kenya shall be charged on the
Consolidated Fund and other public funds of Kenya.
(2)
For the purposes of this Article, the Public Debt includes
the interest on that debt, sinking fund payments in respect of that
debt and the costs, charges and expenses incidental to the
management of that debt.

Central Bank of Kenya.

251.

(1)

There is established the Central Bank of Kenya.

(2)
The Central Bank of Kenya shall be the only authority to
issue the currency of Kenya.
(3)
The authority of the Central Bank of Kenya shall vest in a
Board which shall consist of a Governor, a Deputy Governor and
not more than five other members.
(4)
The Governor, the deputy Governor and all other
members of the Board shall
(a)

be appointed by the President with the approval of

the National Assembly; and

(b)

hold office for a term of five years but shall be

eligible for re-appointment for one further term only.

(5)
A person shall not be qualified for appointment as the
Governor unless such person has knowledge and experience in
matter relating to economics, finance or accounting.
(6)
The Governor, the Deputy Governor or any other member
of the Board may, subject to the Constitution, be removed from
office by the President only for
(a)
(b)

inability to perform the functions of his or her

office arising from infirmity of body or mind;
ib h i

d t

(c)

incompetence.

(7)
The procedure for removal the Governor, the Deputy
Governor or any other member of the Board under this Article
shall comply with the requirements for the removal of holders of
constitutional offices set out in Article 284 of this Constitution.
Functions of the Central Bank
252.

(1)

The Central Bank of Kenya shall (a)

promote and maintain the stability of the value of the

currency of Kenya;

(b)

issue notes and coins;

(c)

act as banker and financial advisor of the

Government;

(d)

conduct the monetary policy of the Government in a

manner consistent with the relevant provisions of the
law;

(e)

regulate the currency system in the interest of the

balanced and sustainable economic growth of
Kenya;

(f)

encourage and promote economic development, and

the efficient utilization of the resources of Kenya
through effective and efficient operation of a
banking and credit system; and

(g)

do all such other things not inconsistent with this

Article, as may be prescribed by law.

(2)
In performing its functions, the Central Bank of Kenya
shall and conform to the Constitution shall not be subject to the
direction or control of any person or authority.
The Controller of Budget
253.

(1)
There shall be a Controller of Budget who shall be
appointed by the President with the approval of the National
Assembly and whose office shall be a constitutional office.

(2)
A person shall not be appointed Controller of Budget unless
that person
(a)

is a fully qualified accountant and finance expert of

not less than fifteen years standing; and

(b)

is a person of high moral character and proven

integrity.

(3)
The Controller of Budget shall oversee the implementation
of the budget as approved by Parliament by:
(a)

ensuring that the money is spent as Parliament

intended;

(b)

providing accounts of actual as opposed to budgeted

expenditure;

(c)

providing technical advice to parliamentary finance

committees;

(d)

working closely with the Treasury, departments and

Ministries.

(4)
The Controller of Budget shall submit annual reports to
Parliament.
(5)
Parliament shall, within three months after the submission
of the report in clause (4) of this Article, debate and
consider the report and take appropriate action.
(6)
In performing his or her functions, the Controller of Budget
shall not be under the direction or control of any person or
authority
The Auditor-General
254.

(1)
There shall be an Auditor-General who shall be appointed
by the President with the approval of the National Assembly and
whose office shall be a constitutional office.
(2)
A person shall not be appointed Auditor-General unless
that person
(a)

is a qualified accountant of not less than fifteen years

t di
d

(b)

(3)

is a person of high moral character and proven integrity.

The Auditor-General shall

(a)

audit the accounts of the Government and

State corporations;

(b)

satisfy himself or herself that all moneys that have

been appropriated by Parliament and disbursed have
been applied to the purpose to which they were so
appropriated and that the expenditure conforms to
the authority that governs it; and

(c)

at least once every year audit and report on (i)

the public accounts of Government of Kenya;

(ii)

the accounts of all officers and authorities of

that Government;

(iii)

the accounts of all courts in Kenya;

(iv)

the accounts of every commission established

by this Constitution;

(v)

the accounts of the Clerk of the National

Assembly and the National Council; and

(vi)

the accounts of political parties funded from

public funds.

(3)
Parliament shall, within three months after the submission
of the report referred to in clause (3) (c) of this Article, debate and
consider the report and take appropriate action.
(4)
In performing his or her functions, the Auditor-General
shall not be under the direction or control of any person or
authority.
(5)
The President may, acting in accordance with the advice of
Cabinet, require the Auditor-General to audit the accounts of any
body or organisation referred to in clause (2) (c) of this Article.

Removal from office

255.

Subject to the Constitution, the Controller of Budget and AuditorGeneral may be removed from office by the President only for
(a)

inability to perform the functions of his or her office arising

from infirmity of body or mind;

(b)

misconduct; or

(c)

incompetence.

Accounts and Audit

256.

(1)
The accounts of the offices of the Controller of Budget and
Auditor-General shall be audited and reported on by an auditor
appointed by National Assembly.
(2)
The Permanent Secretary in charge of a Ministry or an
accounting officer in charge of a department or a public body shall
be accountable to Parliament for funds in that Ministry or
department or public body.
(3)
Any person holding a political office who directs or concurs
in the use of public funds contrary to existing instructions shall be
accountable for any loss arising from that use and shall be required
to make good the loss even if he or she has ceased to hold that
office.
(4)

Parliament shall monitor all expenditure of public funds.

Economic and Social Council

257.

(1)
There is established an Economic and Social Council
which shall consist of twenty-one persons of appointed by the
President acting on the advice of the Prime Minister.
(2)

Persons appointed to the Council shall:

(b)

be highly qualified and experienced in economic and

social development matters; and

(c)

have no partisan affiliation once appointed to the

Council.

(3)

The functions of the Council shall include (a)

to advice the Government and Parliament on matters

of economic and social concern to the people of
Kenya;

(b)

to consider and report to Parliament on all bills and

budgetary proposals introduced in Parliament;

(c)

to monitor progress towards achievement of the

rights of Kenyans affecting their living standards,
particularly, the living standards of the poor and the
disadvantaged.

(4)
The Council shall advice the Government on the
formulation, implementation, monitoring and evaluation of
strategic economic and social policies for optimizing (a)

the collection and expenditure of Government

revenue;

(b)

the acquisition and servicing of the Governments

domestic and external borrowing;

(c)

the acquisition and disposal of Government assets,

property and institutions and for the privatization
and commercialization of Government services;

(d)

generation of additional revenue for the exchequer,

local authorities and other levels of Government;

(e)

the promotion of domestic and foreign investment

with a view to enhancing the revenue base of the
nation;

(f)

the attainment of equity in the generation and

expenditure of revenue, including measures to
ensure affirmative action in respect of disadvantaged
groups in society and areas of the country;

(g)

the promotion of industrial development;

(h)

the provision of social security and welfare;

(i)

ti i

ti

and other labour in the informal sector of the

economy;
(j)

the development of viable linkages between taxation

and delivery of services;

(k)

the performance of institutions charged with

financial responsibilities; and

(l)

any other related matters.

(5)
In performing its functions, the Economic and Social
Commission may(a)

conduct research as may be required to establish

economic and social standards and benchmarks;

(b)

liaise with any constitutional institution on matters of

common concern;

(c)

publish its report and recommendations; and

(d)

establish its own rules and procedures.

(6)

The Council shall report regularly to the President,

Prime Minister and Parliament.

(7)

Subject to this Article, Parliament may make legislation (a)

prescribing and regulating the functions of the

Commission; and

(b)

prescribing the form, content and manner of

submitting the reports required under clause (5).

CHAPTER FOURTEEN
THE PUBLIC SERVICE
Part I Public Administration
Values and principles in administration generally
258.

The guiding values and principles of public administration

include
(a)

maintenance and promotion of a high standard

professional ethics;

of

(b)

promotion of efficient, effective and economic use

of resources;

(c)

impartial, fair and equitable provision of services;

(d)

encouragement of people to participate in the

process of policy making;

(e)

prompt and timely response to peoples needs;

(f)

accountability for administrative acts of omission

and commission;

(g)

transparency fostered by providing the public with

timely, accessible and accurate information;

(h)

merit as the basis of appointments and promotions;

(i)

adequate and equal opportunities for training and

advancement of men and women equally, and the
members of all ethnic groups; and

(j)

reflection of ethnic composition of the population in

the composition of the public service at all levels.

The Public Service Commission.

259.

(1)
There is established a Public Service Commission
within the public administration.
(2)
The Commission shall consist of a Chairperson, a
Deputy Chairperson and seven other members appointed by
the President with the approval of the National Council.
(3)
A member of the Commission shall hold office for a
term of five years and is eligible for reappointment for one
further term.

Powers and functions.

260. (1)

The powers and functions of the

Commission are
(a)

to promote the values and principles set out

in Article 14 throughout the public service;

(b)

to investigate, monitor and evaluate the

organization and administration, and the
personnel practices, of the public service;

(c)

to propose measures to ensure efficient and

effective performance;

(d)

to give directions so as to ensure that

procedures relating to personnel, recruitment,
transfers, promotions and dismissals comply
with the values and principles set out in
Articles 14 and 258;

(e)

to report on the activities and the performance

of its functions, and to evaluate that the
extent to which the values and principles set
out in Articles 14 and 258 are complied with;

(f)

to monitor and investigate adherence to

applicable procedures in the public service;

(g)

to appoint, promote and exercise disciplinary

control over persons holding office in the

public service of Kenya as provided in

Article 261 of the Constitution;
(h)

to review the terms and conditions of service,

code of regulations, training and
qualifications of public officers and matters
connected with personnel management and
development of the public service and make
recommendations on them to Government;
and

(i)

to perform such other functions as may be

prescribed by the Constitution or any other
law.

(2)
Parliament may enact legislation for the better
functioning of the Commission.
Establishment of offices
261.

(1)
Except where there is a contrary provision in this
Constitution, the power to constitute offices for the
Republic and the power to abolish any such offices shall
vest in the Commission,
(2)
Except where there is a contrary provision in this
Constitution, the power to appoint persons to hold or to act
in offices constituted for the Republic of Kenya, to confirm
appointments, to exercise disciplinary control over persons
holding or acting in such offices and to remove such person
from office, shall vest in the Commission.

Appointment of public officers

262.

(1)
Subject to the provisions of this Constitution, the
Public Service Commission shall appoint persons to hold or
act in any office in the public service of Kenya of the rank
below that of Permanent Secretary, including confirmation
of appointments, the exercise of disciplinary control over
such persons and their removal from office.
(2)
Except with the consent of the President, no person
shall be appointed under this Article to act in any office on
the personal staff of the President.

Protection of public officers.

263.

A public officer shall not be

(a)

victimized or discriminated against for having

performed his or her duties in accordance with the
Constitution; or

(b)

dismissed or removed from office or demoted in

rank or otherwise punished without due process of
the law.
Part II - Kenya Police Service

Principles and objects

264.

(1)
The primary object of the Kenya Police Service is to
work with and for the people to ensure

(2)

(a)

a peaceful and safe environment;

(b)

the protection of rights and freedoms;

(c)

the security of the people;

(d)

the prevention and detection of crime;

(e)

the support of victims of crime and disorder;

and

(f)

the protection of property.

In furtherance of these objects the Service will(a)

strive for the highest standards of

professionalism;

(b)

work to eliminate and avoid corruption of all

sorts;
avoid bias or discrimination with regard to
political groups or other sections of society;

(c)
(d)

observe human rights standards;

(e)

train staff to the highest possible standards of

competence, integrity and respect for human
rights and dignity;

(f)

recognize the duty of accountability to society

and democratic institutions;

(g)

build up relationships with the broader society;

(h)

train its members, including members of any

paramilitary, armed or riot police units, to the
highest possible standards of competence,
minimal use of force, integrity and respect for
human rights and fundamental freedoms and
dignity, and to recognize the duty of
accountability to society; and

Establishment of the Kenya Police Service

265.

(1)
There is established a service to be known as the
Kenya Police Service.
(2)
Subject to this Constitution, the Police Service shall
be organized and administered in such a manner and shall
have such functions as Parliament may prescribe.
(3)
The Police Service shall be professional and
disciplined.
(4)
The Police Service shall remain a national police
force, and the division of its functions shall be organized to
take into account the structure of devolution.
(5)
The Police Service shall work closely with
communities to ensure security and safety for all citizens
through community policing.

Appointment of the Commissioner of the Kenya Police Service

266.

(1)
There shall be a Commissioner of Kenya Police
Service.
(2)
The Commissioner shall be appointed by the
President with the approval of Parliament for one
term of ten years.

(3)

No person may be appointed

Commissioner unless that person -

(a)

has a degree from a recognized university;

and

(b)

has served in the police service for at least

ten years.

(4)

The Kenya Police Service shall be under the

command of the Commissioner who shall be
assisted by two deputy Commissioners.

(5)

The Commissioner shall be subject to, and

act in accordance with the Constitution and
laws of Kenya; except that on matters of
policy, the President acting on the advise of
the prime Minister, may give direction to the
Commissioner.

(6)

The Commissioner of Police may be

removed from office by the President for
good cause, with approval of Parliament.

Part III-

as

Kenya Correctional Services

Principles and objects

267.

(1). The primary object of the Kenya Correctional

Service is to rehabilitate persons convicted of crime, and
facilitate the return of those persons to useful lives in the
community
(2)
To protect the well being of Kenya, the Kenya
Correctional Service shall be structured and regulated so as
to (a)

achieve the highest standards of

professionalism among its members and by
its members in the exercise of their respective
powers;

(b)

eliminate and avoid corruption of any kind

among its members;

(c)

observe human rights standards in the

exercise of its powers; and

(d)

train its members to the highest possible

standards of competence, minimal use of
force, integrity and the respect for human
rights and fundamental freedoms and dignity,
and to recognize the duty of accountability to
society;

Establishment of the Kenya Correctional Services

268. (1)

There is established a service to be known as the

Kenya Correctional Services.
(2)
Subject to this Constitution, the Kenya Correctional
services shall be organized and administered in such a
manner and shall have such functions as Parliament may by
law prescribe.
(3)
The Kenya Correctional Services shall be
professional and disciplined.

Appointment of Director of the Kenya Correctional Services

269.

(1)
The President, on the advice of the Prime Minister
and after approval by Parliament, shall appoint the Director
of the Kenya Correctional Services
(2)

Parliament shall enact legislation (a)

establishing adequate mechanisms for

accountability and governance of the Kenya
Correctional Services.

(b)

providing for the organization, administration

and function of the Kenya Correctional
Services; and

(c)

regulating generally the Kenya Correctional

Services

Part IV Interpretation
Interpretation
270.

In this Chapter, unless the context otherwise requires

public officer means any person holding or acting in an
office in the public service;
public service means service in any civil capacity of the
government, including the police and prison services, the
emoluments for which are payable directly from the
Consolidated Fund or directly out of moneys provided by
Parliament.

CHAPTER FIFTEEN
THE DEFENCE FORCES AND NATIONAL SECURITY
Principles and Objects of Defence and National Security
271.

(1). The primary object of the Defence Forces and

security system of the Republic of Kenya is to safeguard
the well-being of the people of Kenya, the peace, national
unity and integrity of the Republic.
(2)
The defence and national security of the Republic of
Kenya shall be promoted and guaranteed in accordance
with the following principles (a)

National security is subject to the authority of

the Constitution and Parliament;

(b)

National security shall be pursued in

compliance with the law, including
international law, and with the utmost respect
for the rule of law, democracy, human rights
and fundamental freedoms; and

(c)

The Defence Forces shall endeavour to learn

from, and make use of, the experience and
traditions of the diverse communities within
Kenya, and their leaders, in making and
maintaining peace;

(3)
The Defence Forces shall act and train and require
their members to act, in accordance with the Constitution
and the law, including customary international law and
international agreements that are binding on Kenya
(4)
In the performance of their functions, the Defence
Forces and every member of the Defence Forces shall not (a)

act in a partisan manner;

(b)

further any interest of a political party or

cause; or
(c)
prejudice a political interest or
political cause that is legitimate in
t
f th C tit ti

Establishment of the National Security Council.

272.

(1)
There is established a National Security Council
consisting of
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)

The President;
The Vice President;
The Prime Minister;
The Minister in Charge of Defence;
The Chief of General Staff;
Army Commander;
Navy Commander;
Air Force Commander;
The Commissioner of Police;
The Director of Kenya Correctional services;
Director of National Security Intelligence
Service;
The Chairperson of the relevant
Parliamentary Committee; and
The Attorney General.

(2)
The President shall preside at the meetings of the
Council, and, in the absence of the President, the VicePresident, and in the absence of the Vice President, the Prime
Minister shall preside.
(3)
The Council shall make rules of procedure to
guide the conduct of its meetings.
(4)

The Council shall elect or appoint its secretary from

among its members.

Functions of the National Security Council

273.

(1)

the National Security Council has the responsibility(a)

to ensure the integration of the domestic,

foreign and military polices relating to the
national security in order to enable the military
services, departments and agencies to cooperate effectively in matters relating to
national security;

(b)

to assess and appraise the objectives

it
t
d i k f th R
bli i

relation to actual and potential military power

in the interests of national security; and
(c)

to consider policies on matters of common

interests to the departments and agencies of
environment concerned with national security,
and to exercise supervisory control over these
departments.

(2)
The Prime Minister shall keep the President
informed on the state of the security of the Republic and of
the deliberations of the Council.
(3)
Where a state of emergency is declared by the
President, the Council shall be the authority responsible,
subject to the Constitution, for taking and implementing the
measures that are reasonably justifiable for dealing with the
situation that had arisen.
(4) An agency, establishment or any other organization
concerned with national security that not be established
except by or under an Act of Parliament.
Defence Forces
274.

(1)
No one may raise a defence force or military or a
Paramilitary organization except by or under the authority
of an Act of Parliament.
(2)
There is established a Defence Forces Council
consisting of
(a)

The President;

(b)

The Vice President;

(c)

The Prime Minister;

(d)

The Minister in Charge of Defence;

(e)

The Chief of General Staff;

(f)

Army Commander;

(g)

Navy Commander; and

(h)

Air Force Commander.

Commanding officers.
275.

(1)
The Chief of General Staff of the Defence Forces
shall be appointed by the President in consultation with the
National Security Council.
(2)
The Chief of General Staff of the Defence Forces,
subject to this Article, is responsible for the operational use
and the general administration of the Defence Forces.
(3)
The President, acting in accordance with the
recommendations of Defence Forces Council shall appoint(a)

the Army Commander who is responsible to

the Council and for the administration of the
Army;

(b)

the Naval Commander who is responsible to

the Council and for the administration of the
Navy; and

(c)

the Air Force Commander who is responsible

for the Council and administration of the Air
Force.

(4)
Each of the officers referred to in Clause (4) is
subject to the general direction of the Defence Forces
Council.
(5)
The President, acting in accordance with the
recommendation of the Defence Forces Council
(a)

shall grant commissions to officers of the

Defence Forces; and

(b)

shall appoint persons to office or to act in an

office in the Defence Forces;

(6)
Subject to the Constitution, the Defence Forces
Council may make regulations for the effective and efficient
administration of the Defence Forces.
(7)

The Regulations shall include matters relating to:

(a)

the control and administration of the Navy,

th A
d th Ai F

(b)

the ranks of officers and of the men and

women of each Defence Forces, the member
of each rank and the use of he weapons by the
officers, men and women;

(c)

the conditions of service, including conditions

of service relating to the enrolment and to the
pay, pensions, gratuities and other allowances
of the officers, men and women of the
Defence Forces;

(d)

the authority and process of command of the

officers men and women of the Defence
Forces; and

(e)

the delegation to other persons of

commanding officers to try accused persons
and the conditions subject to which the
delegation is made.

CHAPTER SIXTEEN
LEADERSHIP AND INTEGRITY
Application of Chapter
276. (1)

This Chapter applies to (a)

the President;

(b)

the Prime Minster, the Deputy Prime Ministers,

the Ministers and the Deputy Ministers;

(c)

all members of the Parliament;

(d)

all members of local councils;

(e)

all constitutional office-holders within the

meaning of Article 293; and

(f)

all other public officers.

Responsibilities of office
277.

(1)
A person to whom this Chapter applies has a duty to
conduct himself or herself in such a way, both in public or
official life and in private life, and in his or her association
with other persons, as not to(a)

place himself or herself in a position in

which they have or could have a conflict of
interests or might be compromised when
discharging their public or official duties; or

(b)

demean his or her office or position; or

(c)

allow his or her public or official integrity, or

personal integrity, to be called into question;
or

(d)

endanger or diminish respect for and

confidence in the integrity of the
Government of Kenya.

(2)
In particular, a person to whom this Chapter applies shall
not use his or her office for personal gain, or enter into any
transaction or engage in any enterprise or activity that might be
expected to give rise to doubt in the public mind as to whether
they are carrying out or have carried out the duty imposed by
clause (2).
(3)

It is a further duty of a person to whom this Chapter applies

(a)

to ensure, as far as is within his or her lawful power,

that those persons for whom they are responsible,
including spouse, children, nominees, trustees and
agents, do not conduct themselves in a way that
might be expected to give rise to doubt in the public
mind as to their complying with their duties under
this section; and

(b)

if necessary, to publicly disassociate themselves

from any activity or enterprise of any of their
associates, or of a person referred to in paragraph
(a), that might be expected to give rise to such a
doubt.

(4)
The Commission on Ethics and Integrity may, subject to
this Chapter and to any legislation which may be enacted for the
purposes of the better implementation of this Chapter, give
directions, either generally or in a particular case, to ensure the
attainment of the objects of this Article.
(5)

(6)

This chapter applies to a person who(a)

is convicted of an offence in respect of their office or

position or in relation to the performance of their
functions or duties; or

(b)

fails to comply with a direction under clause (4) or

otherwise fails to carry out the obligations imposed
by clauses (1), (3) and (4),

The Leadership and Integrity Code of Conduct set

out in the Fifth Schedule shall apply to all persons to
whom this Chapter applies.
(7)

In this Chapter, public officer has the meaning

ib d i A ti l 270

CHAPTER SEVENTEEN
CONSTITUTIONAL COMMISSIONS AND CONSTITUTIONAL
OFFICES
Principles applicable to all commissions
278.

The principles provided for in this Chapter apply to all

constitutional commissions.

Objects and independence of commissions

279.

(1)
The objectives of constitutional commissions
established by this Constitution are to:
(a)

protect the sovereignty of the people,

(b)

secure the observance by all organs of

government of democratic principles and
values, and

(c)

ensure the maintenance of constitutionality.

(2)
In the performance of their functions, constitutional
commissions are subject(a)

only to the Constitution and not to the

direction or control of any other person or
authority, and

(b)

shall be impartial and perform their

functions without fear or favour or prejudice.

(3)
A Constitutional Commission shall where
appropriate, establish branches at the provincial and district
level, and offer their services free of charge
Incorporation
280.

(1)
A Constitutional Commission is a body corporate
and shall-

(a)

have perpetual succession and a common seal

(b)

in its corporate name be capable of suing and

being sued; and

(c)

subject to this Constitution be capable of

performing such other functions as a body
corporate may perform.

Composition of Commissions
281.

(1)
A Constitutional Commission shall consist of not
less than three and not more than ten members at least onethird of whom shall be women.
(2)
The chairperson and the other members of a
Constitutional Commission shall be appointed by the
President with the approval of Parliament
(3)

(4)

A member of a constitutional commission(a)

holds office for a term of five years, and is

eligible for re-appointment for only one
further term;

(b)

retires from office on attaining the age of

sixty-five years;

(c)

shall not hold any other office of profit or

emolument or any other employment whether
public or private, directly or indirectly; and

(d)

shall comply with the Leadership and

Integrity Code of Conduct.

A member of a constitutional commission is not

liable to an action or a suit for a matter or anything
done in good faith in the performance of a function
of office as a member

General functions of Commissions

282.

(1)
A Constitutional Commission shall seek to educate
the public on its role, purpose and functions and
(a)

may conduct investigations, on its own

initiative or on complaint made by a member
of the public;

(b)

has the powers of the High Court to issue

summons, compel attendance to give
evidence or produce documents for the
purposes of its investigations;

(c)

has the powers necessary for conciliation,

mediation and negotiation with the aim of
reaching an amicable settlement;

(d)

may award compensation; and

(e)

may commit a person, or an organization to

the High Court for contempt.

(2)
Complaints may be lodged directly by an aggrieved
individual, or a member of the individuals family or by an
interested person or an organization.
(3)
Where a complaint is made orally to a Constitutional
Commission, it shall be reduced to writing by an official of the
Constitutional Commission.
Proceedings of Commissions
283.

The proceedings of a Constitutional Commission are valid

although there is a vacancy in its membership.

Removal from office

284.

(1)
Where the President considers that a member of a
constitutional commission should be removed from office,
the President shall appoint a tribunal to investigate the
matter, and report on the facts to the President with the
recommendations whether or not the member should be
removed.

(2)
The tribunal shall consist of the chairperson and
four other members appointed by the President from among
persons,
(a)

who hold or have held office as judge of the

superior courts of record, or

(b)

who are qualified to be appointed as High

Court judges, or

(c)

who are advocates of not less than fifteen

years standing.

(3)
Where reference is made to a tribunal for the
removal from office of a member, the President may
suspend that member from the performance of the functions
of office as a member.
(4)
The President may revoke a suspension under clause
(3), but shall remove the member from office where the
tribunal recommends removal.
Funds of the Commissions
285.

(1)

The funds of a Constitutional Commission include (a)

moneys voted by Parliament for the purposes

of the commission; and

(b)

any other moneys received by the

commission in the performance of its
functions.

(2)
A Constitutional Commission shall submit its
estimates of revenue and expenditure to the relevant
Parliamentary Committee for approval by Parliament.
(3)
The administrative expenses of a Constitutional
Commission including salaries, allowances and pensions
payable to, or in respect of, persons serving with the
commission are a charge on the Consolidated Fund.
(4)
Within three months after the end of the financial
year, a constitutional commission shall submit its books
and records of account to the Auditor-General for audit

(5)
The Auditor-general shall within three months after
submission of the books and records of account, submit the
report on the account to the President, the constitutional
commission and to relevant Parliamentary Committees.
Annual and other reports
286.

(1)
Within seven months after the end of the financial
year a Constitutional Commission shall submit a report to
the President and to Parliament
(2)

The report shall contain(a)

a statement on its performance in meeting its

objectives;

(b)

a statement on its activities for the year and

its projection on its future activities; and

(c)

the report of the Auditor-General.

(3)
Parliament may, at any time, request a Constitutional
Commission to send to it a report on a particular issue.
(4)
The President shall respond to the report of a
Constitutional Commission in writing to Parliament which
shall debate the report together with the response of the
President.
Special Constitutional Commissions
287.
In addition to such other Commissions as are established
elsewhere in this Constitution, the following special commissions
are established.
(a)

The Commission on Human Rights and

Administrative Justice

(b)

The Ethics and Integrity Commission

(c)

The Salaries and Remuneration Commission

(d)

The Teachers Service Commission

(e)

The Constitution Commission

The Commission on Human Rights and Administrative Justice

288.

(1)
The Commission on Human
Administrative Justice shall consist of-

(2)

Rights

and

(a)

the Chairperson;

(b)

the Human Rights Commissioner;

(c)

the Peoples Protector;

(d)

the Gender Commissioner; and

(e)

any such other commissioners not exceeding

six in number as may be appointed in
accordance with this Constitution.

Of the six commissioners referred to in clause (1)(a)

one shall have knowledge and experience in

matters relating to children and shall ensure
that the provisions of Article 37 of the Bill of
Rights are adhered to;

(b)

one shall be a person with disability who has

knowledge and experience in matters relating
to disability and shall ensure that the
provisions of Article 39 the Bill of Rights are
adhered to; and

(c)

one shall have knowledge and experience in

matters relating to basic needs.

(3)
The functions of the Commission on Human Rights
and Administrative Justice are:
(a)

in relation to the jurisdiction of the Human

Rights Commissioner(i)

(ii)

to promote respect for human rights

and develop a culture of human
rights;
to promote respect for gender
equality and equity including the

protection and development of

gender equality and equity;
(iii)

to promote the protection,

development and attainment of
human rights in public and private
institutions;

(iv)

to monitor and access the

observation of human rights in all
spheres of life in the Republic;

(v)

to promote high standards of human

rights in the Republic;

(vi)

investigate and to report on the

observation of human rights;

(vii)

take steps to secure appropriate

redress where human rights have
been violated;

(viii) to investigate any conduct in

state affairs or in the public
administration in any sphere of
government that is alleged or
suspected to be improper or that
could result in any impropriety or
prejudice; and
(ix)

(b)

investigate human rights

within the disciplined forces
including their relationships with the
public.

in relation to the jurisdiction of the Peoples

Protector to(i)

ensure that government departments,

local government authorities, publicly
owned business, bodies created under
statute, public office holders and all
other organs of the State, responsive to
the needs of the people and provide
prompt remedy in cases of failure;

(ii)

receive complaints about abuse of

power, unfair treatment, manifest
injustice, or corrupt unlawful
oppressive or unfair official
conduct;

(iii)

initiate investigations, conduct

research
and
make
recommendations to improve the
functioning of government
bodies;

(iv)

improve the standards of

competence, honesty, integrity
and transparency in the public
services;

(v)

reform legislation that is unfair or

inconsistent with the Constitution;

(vi)

reform practices of organs of state

that are unfair or inconsistent with
the Constitution;

(vii)

promote respect for and

observance of the Leadership
Code;

(viii)

investigate and report on any

conduct in state affairs, or in the
public administration, that is
alleged or suspected to be
improper or to result in any
impropriety or prejudice; and

(ix)
(c)

recommend appropriate remedial

action.

in relation to the jurisdiction of the

Gender Commissioner to(i)

promote gender equality and

equity, co-ordinate and
facilitate mainstreaming in
national development and to

advise the Government on any

of those matters,
(ii)

promote, respect for gender

equality and equity and
investigate and seek to resolve
any gender related complaints,

(iii)

participate in the formulation of

national development policies
and
exercise
general
supervision
over
the
implementation of national
policy on gender and
development,

(iv)

formulate programmes and

advise in the establishment and
strengthening if institutional
mechanisms which promote
gender equity in all spheres of
life and in particular in
education, employment and
access to natural resources.

(v)

plan, supervise and co-ordinate

programmes to create public
awareness and support for
gender issues, and liaise with
the ministries, departments and
other agencies of the
Environment on gender issues,

(vi)

advise Government on
appropriate allocation of
resources to ensure gender
mainstreaming, monitor and
evaluate policies, practices and
adherence to domestic and
international law with a view to
ensuring compliance with the
requirements of the gender
provisions of the Constitution,
by organs of state at all levels,
statutory bodies, public bodies,
t
i
d i tit ti
d

(d)

(viii)

evaluate Acts of Parliament,

any system of personal and
family law, customary laws and
other laws with a view to
ensuring compliance with the
gender provision in the
Constitution, and

(ix)

act as the Governments chief

agent in ensuring compliance
with
obligation
under
international treaties and
conventions on human rights.

in relation to the jurisdiction of any other

Commissioner, to perform such functions as
may be assigned to them by the Commission.

The Ethics and Integrity Commission

289.

(1) The Ethics and Integrity Commission shall

consist of (a)

the Chairperson; and

six other members

all of whom shall be persons of integrity and high
moral character.

(b)

(2)
The functions of the Ethics and Integrity
Commission are to(a)

receive declarations in accordance with the

Leadership Code;

(b)

retain custody of the declarations and make

them available for inspection by any citizen
on the terms and conditions prescribed by
Parliament;

(c)

ensure compliance with and where

appropriate, enforce the Leadership Code of
law relating to the Leadership Code;

(d)

receive complaints about non-compliance

with or breach of the Leadership Code or a
law in relation to the Leadership Code, to
investigate the complaint and where
appropriate refer the complaints to the
relevant authorities for action where it is
called for;

(e)

investigate whether persons who have

availed themselves for appointment as public
officers or who avail themselves or are
prepared to stand for public elections for
public offices are free of corruption and
therefore fit and proper persons for those
offices;

(f)

disqualify on investigation as in paragraph

(e) those who are found not suitable for
public office in terms of the Code or in terms
of the law;

(g)

appoint, promote, dismiss, manage and

exercise disciplinary control over the staff in
accordance with an Act of Parliament
enacted for that purpose;

(h)

perform any other functions conferred on it

by Parliament, or an Act of Parliament;

(i)

put in place measures aimed at the prevention

of corruption; and

(j)

investigate instances of corruption;

(k)

exercise the practices and procedures of

public bodies and shall ensure that they are
not conducive to corruption;

(l)

advise the heads of public bodies on the

changes necessary to eliminate the likelihood
of corruption;

(m)

educate the public on the dangers of

corruption.

(1) A declaration of wealth under this Article is

required-

(3)

(a)

in the case of a person then in office,

within three months of the
commencement of the Leadership and
Integrity Code; or

(b)

in any other case within three months of

the assumption of office by any person;
and

(c)

thereafter on annual basis.

The Commission shall not investigate any matter(a)

pending before a court of competent

jurisdiction or a judicial tribunal;

(b)

relating to the legislative power of

Parliament;

(c)

the prosecution of which lies in the

discretion of the Director of Public
Prosecutions; or

(d)

relating to the granting of honours or a

pardon.

Salaries and Remuneration Commission

290.

(1)
The Salaries and Remuneration Commission shall
consist of:
(a)

the Chairperson;

(b)

one representative from the Attorney

Generals office;

(c)

one representative from the Public Service

Commission;

(d)

one nominee representing professional

bodies;

(e)

one nominee from an umbrella body

representing employees;

(f)

one nominee from an umbrella body

representing trade unions; and

(g)

one representative from Treasury.

(2)
The functions of the Salaries and Remuneration.
Commission are to set the salaries, allowances, pensions
and other benefits of all constitutional office holders and
members of all constitutional commissions including(a)

the President, Vice-president, the Prime

Minister, the Deputy Prime Ministers, the
Ministers and Deputy Ministers;

(b)

members of Parliament;

(c)

the Attorney-General, Judges, the Director of

Public Prosecutions, the Auditor-General and
the members of constitutional commissions;

(d)

other public officers including employees of

parastatals.

(3)
The Commission is the custodian of the Leadership
and Integrity Code of Conduct and of the register of the
assets and liabilities of public officers.
Teachers Service Commission
291.

(1)

(2)
are-

The Teachers Service Commission shall consist of:

(a)

the Chairperson; and

(b)

six other members.

The functions of the Teachers Service Commission

(a)

in consultation with the Public Service

Commission, to recruit and employ
registered teachers;
(b)

d b th

commission for service in any public

school;
(c)

to promote and transfer any such

teacher;

(d)

to terminate the employment of any

such teacher; and

(e)

to do anything which is incidental or

conducive to the exercise of its powers
under paragraphs (a) to (d).

(2)
The commission shall keep under review the
standards of education, training and fitness to teach
appropriate to persons entering the teachers service and the
supply of teachers and to tender advice to the Government
on matters relating to the teaching profession.
Constitution Commission
292. (1)

(2)
to-

The Constitution Commission shall consist of(a)

the Chairperson; and

(b)

four other members.

The functions of the Constitution Commission are

(a) ensure the implementation of the
provisions of the Constitution which
require new legislation and
administrative action for full
implementation;
(b) to report twice a year to Parliament on
the progress on implementation of the
Constitution;
(c) to outline the special difficulties that
obstruct the timely implementation of the
Constitution; and
(d) to work closely with the chairpersons of
th
tit ti
l
i i
d

office holders to ensure that the letter

and the spirit of the particular provisions
of the Constitution are respected.
(4)

The Commission(a)

may recommend measures on legislative and

administrative matters to ensure and sustain
the values of the Constitution;

(b)

shall report on any proposed amendments to

the Constitution before or after the
introduction of the Bill for amendment and to
achieve that, the Commission may hold
public hearings to receive the views of the
people; and

(c)

shall hold consultations with the President

aimed at safeguarding the Constitution.

Constitutional offices
293. (1)
The following Constitutional Offices are
established elsewhere in the Constitution(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

Attorney- General
Auditor-General
Controller of the Budget
Director of Central Bureau of Statistics
Director of the Kenya Correctional services
Director of the Kenya Police Service
Director of Public Prosecutions
Governor of Central Bank
Public Defender

(2)
The principles applicable to all commissions in
terms of this Chapter apply with the necessary modification
and adaptations to the holders of constitutional offices.

CHAPTER EIGHTEEN
AMENDMENT OF THE CONSTITUTION
Constitutional Amendment
294.

(1)
Subject to the provisions of this Constitution,
Parliament may in exercise of its constituent power amend
by way of addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in
this Article.
(2)
An amendment of this Constitution may be initiated
only by the introduction of a Bill for the purpose in either
House of Parliament, and when the Bill is passed in its
second and third reading in each House by not less than two
thirds majority of the total membership of that House it
shall be presented to the President who shall give his assent
to the Bill and thereupon the Constitution shall stand
amended in accordance with the terms of the Bill:
(3)

An amendment that seeks to make any change in(a)

the territory of Kenya as set out in Article 7

(1) and described in the First Schedule of the
Constitution;

(b)

the sovereignty of the people

(c)

the principles and values of the Republic as

set out in Article 6 (2) of the Constitution;

(d)

the Bill of Rights;

(e)

the structure, values and principles of

devolution as set out in Chapter ten of the
Constitution ;

(f)

citizenship; and

(g)

the provisions of this Article,

shall also require ratification by the people in a referendum

before the Bill making provision for such amendment is
presented to the President for assent.
Amendment by Parliament.
295. (1)
A Bill for an Act to amend any provisions of the
Constitution, other than the Articles referred to in Article
294 (3), shall not be taken as passed unless it is supported
by the votes of two-thirds majority, at the second and third
reading.
(2)
The committee on Good Governance and Public
Participation shall publicize and facilitate discussion on the
Bill.
Certificate of compliance
296. (1)
The second and third readings referred to in Article
295 shall be separated by ninety days.
(2)
A Bill for the amendment of the Constitution which
has been passed in accordance with this Chapter, shall be
assented to by the President only if
(a)

it is accompanied by a certificate of the

Speaker that the provision of this Chapter
have been complied with in relation to it; and

(b)

in the case of a Bill to amend the provisions

to which Article 294 (3) apply, it is
accompanied by a certificate of the Electoral
Commission that the amendment has been
approved at a referendum or, as the case may
be, ratified by local authorities in accordance
with this Chapter.

(3)
Where, in the case of a Bill to which clause (2) of
this Article applies, the President
(a)

refuses to assent to the Bill; or

(b)

fails to assent to the Bill within thirty days

after the Bill is submitted,

the President shall be taken to have assented to the

Bill and the Speaker shall cause a copy of the Bill to
be laid before Parliament and the Bill shall,
notwithstanding Article 294 (2) become law without
the assent of the President.

CHAPTER NINETEEN
INTERPRETATION
Interpretation
297.

(1). In this Constitution unless the context otherwise

requires civil society means any socially organized entity
bound by a legal set of shared rules tat is voluntary
self generating, self-supporting and autonomous
from the state;
financial year means the period of twelve months
ending on 30t h June or on such other day as
Parliament may prescribe;
person includes a body of persons corporate or
unincorporated.
political party means a political party which is
duly registered under any law which requires
political parties to be registered, and which has
complied with the requirements of any law as to the
constitution or rules of political parties;
public officer means a person holding or acting in
an office in the public service.
sitting means, in relation to a House of Parliament,
a period during which the House is sitting without
adjournment and includes any period during which it
is in committee;
subordinate court means a court of law in Kenya
other than(a)

the High Court

(b)

the Court of Appeal

(c)

the Supreme Court

(d)

a court-martial.

writing includes printing and any other mode of

reproducing words in a visible form.
(2)

Except where the context otherwise requires, any

powers conferred upon Parliament by this
Constitution to establish, provide for or prescribe any
matter or thing shall be exercisable by Act of
Parliament.

(3)

For the purposes of this Constitution, a person shall

not be regarded as holding an office by reason only of
the fact that the person is in receipt of a pension or
other similar allowance.

(4)

In this Constitution, unless the context otherwise

requires, a reference to the holder of an office by the
term designating that persons office shall be
construed as including, to the extent of the persons
authority, a reference to any person for the time being
authorized to exercise the functions of that office.

(5)

Where the Constitution confers power or imposes a

duty, then, unless the contrary intention appears, the
power may be exercised and the duty shall be
performed from time to time as occasion arises.

(6)

No provision of this Constitution that a person or

authority shall not be subject to the direction or
control of any other person or authority in the exercise
of any functions under this Constitution shall be
construed as precluding a court from exercising
jurisdiction in relation to any question whether that
person or authority has exercised those functions in
accordance with this Constitution or any other law.

(7)

In this Constitution, unless the context otherwise

requires, words in the singular shall include the plural,
and words in the plural shall include the singular.

(8)

Where an order, regulation or rule, or any amendment

or revocation thereof, made under a power conferred
by this Constitution comes into force on a particular
day, it shall come into force at the beginning of that
d

(9)

Where a power is conferred by this Constitution to

make an order, regulation or rule or pass a resolution
or give a direction or make a declaration or
designation, the power shall be construed as including
the power, exercisable in the same manner and subject
to the same conditions, if any, to amend or revoke the
order, regulation, rule, resolution, direction,
declaration or designation.

(10) A reference in this Constitution to a law that amends

or replaces another law shall be construed as including
a reference to a law that modifies, re-enacts, with or
without amendment or modification, or makes
different provision in place of that other law.

CHAPTER TWENTY
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Action by Parliament
298.

(1) Subject to clause 2, within the time specified in the

Third Column of the Sixth Schedule, Parliament shall
enact legislation to provide for the matters set out in the
First Column of that Schedule.
(2)
Where in this Constitution Parliament is required to
enact legislation to govern a particular matter and no time
is specified within which the legislation shall be enacted,
Parliament shall enact that legislation within three years
from the date of its first sitting.

Transitional
299. The transitional and consequential provisions set out in the
Eight Schedule shall take effect on the day this Constitution
comes into force.

SCHEDULES
FIRST SCHEDULE
TERRITORY OF THE REPUBLIC OF KENYA
KENYA-UGANDA INTERNATIONAL BOUNDARY
Commences in the waters of Lake Victoria on the parallel 1-degree South
Latitude, at a point due South of the westernmost point of Pyramid
Island;
thence the boundary follows a straight line due north to that point; thence
to the most westerly point of Ilemba Island;
thence by a straight line, still northerly, to the most westerly point of
Kiringiti Island; thence by a straight line, still northerly, to the most
westerly point of Mageta Island;
Thence by a straight line north-westerly to the Southerly point of Sumba
Island;
Thence by the southwestern and western shores of that island to its most
northerly point;
thence by a straight line north-easterly to the centre of the mouth of Sio
River;
thence up-stream by the centre line of that river ( Sio) to its confluence
with the Sango River;
thence up-stream by the centre line of the Sango River to its source,
marked by Boundary Pillar X covered by a cairn of stones;
thence by a straight line on a true bearing of 40-56-08 for a distance of
153.2 metres to a stone;
thence by a straight line on a true bearing of 40-58-00 for a distance of
284.6 metres to the boundary Pillar Y near the main Kisumu-Busia (K)Busia (UG) Road;
Thence by a series of straight lines each terminating at a boundary pillar
on the following true bearing to the minute and for the following
approximate distances successively to the Boundary Pillar 9: --

From
BPY
BP1
BP2
BP3
BP4
BP5
BP6
BP7
BP8

To
BP1
BP2
BP3
BP4
BP5
BP6
BP7
BP8
BP9

Bearing
'
58-27
51-44
44-09
51-25
41-09
49-06
67-43
54-07
70-09

Distance
(metres)
720.5
141.1
460.9
176.8
306.9
297.2
292.3
373.7
167.6

Thence by the last line on a true bearing of 70-09-26 extending for a

distance of 16.5 metres to Alupe River;
Thence down stream by the centre line of that river (Alupe) to its
confluence with the Okame (Kami) River;
Thence by the centre of the course of the latter (Okame) River to its
intersection with the eastern boundary of Majanji-Busia-Tororo Road,
such boundary being 30.48 metres distant from and parallel to the centre
line of the said road;
Thence by that eastern boundary northerly to its intersection with the
River Malawa (or Malaba);
Thence by the centre of the course of that river (also known as the
Lwakhakha or Lwagaga River) up-stream to its source (at a latitude of
approximately 01-06-23 N.)
Thence easterly by a straight line for a distance of approximately 5364.5
metres to the second highest summit (Lower Elgon) of Mount Elgon at an
altitude of approximately 4310 metres above sea level;
Thence northerly by a straight line for a distance of approximately 5334
metres to the vicinity of Hot Springs where the Suam (Turkwel) River
emerges from the crater of Mount Elgon;
Thence continuing by the centre of the course of that river down-stream
to its confluence with the River Bukwa (Kibukwa);
Thence northwesterly following a line of Cairns approximately in a
straight line and at first following a small natural depression to the source
of the Kanyerus River (marked by a large tree);
Thence following the foot of the eastern portion (Moriting) of Mount
Ri
h l
i
h
i

Thence following a straight line north-westerly to the western extremity

of Kassauna Hill;
Thence by the foot of the northwestern slopes of that hill northeasterly to
the confluence of the streams Maron and Maragat;
Thence by the centre of the course of the latter stream to its source;
Then by a straight line to the summit of the hill Murogogi;
Thence along the highest points of the rocky ridge (forming a
continuation of Mount Riwa and known collectively by the Karamojans
as Kogipie) known severally as Karenyang, Muruebu, Kogipie
(Karamojong) or Sarat (Suk), and Sagat (Karamajong) or Kogipie (Suk)
or Sagat Hill;
Thence in a generally northerly direction by straight lines to Korkurao
Hill, to the hillock known as Kokas, to the small hillock known as
Lokwamor, across the Kunyao River to Nongalitaba Hill across the
Kanyangareng River to the hill known as Kauluk, to the hillock
Morumeri, to the hillock known as Sumaremar) and thence to the
westernmost of the small hillocks known as Lewi Lewi;
Thence continuing by a straight line, still northerly, to the foot of the
western spur of the hill known as Aoruma, and by the foot of that spur to
a beacon;
Thence northwesterly by a straight line to a beacon at the highest point of
the ridge known as Kariemakaris;
Thence northerly by a straight line to the hillock called Lokuka;
Thence by a straight line to the top of the pass known as Karamuroi (Suk)
or Karithakol (Karamajong);
Thence down the centre of that pass to the base of the Turkana
escarpment;
Thence [from the Turkana Escarpment] in a straight line to the pillar
UK.1 on the Right Bank of the river Kanauton;
Thence by straight lines each terminating at a pillar on the following true
bearings and for the following approximate distances successively to a
pillar UK.180: -

From

To

UK1
UK2
UK3
UK4
From

UK2
UK3
UK4
UK5
To

UK9
UK10
UK11
UK12
UK13
UK14
UK15
UK16
UK17
UK22
UK23
UK24
UK25
UK26
UK27
UK28
UK29
UK30
UK31
UK32
UK33
UK34
UK35
UK36
UK37
UK38
UK39
UK40
UK41
UK42
UK43
UK44
UK45
UK46
UK47
UK48
UK49

UK10
UK11
UK12
UK13
UK14
UK15
UK16
UK17
UK18
UK23
UK24
UK25
UK26
UK27
UK28
UK29
UK30
UK31
UK32
UK33
UK34
UK35
UK36
UK37
UK38
UK39
UK40
UK41
UK42
UK43
UK44
UK45
UK46
UK47
UK48
UK49
UK50

Bearing Distance
'
metres
266-07
643.7
338-00
3168.4
347-20
1366.1
340-24
544.1
Bearing Distance
'
metres
255-11
1537.4
186-50
1866.3
259-21
1154.6
308-23
2280.5
325-56
2772.8
337-19
1974.5
316-59
5275.2
342-32
1412.4
341-49
1830.6
353-19
2103.1
344-56
3378.7
342-28
2006.2
339-02
346.6
339-02
463.9
320-39
958.0
254-05
1290.5
336-57
2254.3
334-27
1321.6
299-28
619.4
289-05
587.3
286-38
639.2
293-29
1117.1
337-06
991.2
300-25
861.4
212-32
1907.4
278-58
835.5
267-07
1859.0
285-33
1773.6
340-39
4563.5
299-36
939.4
292-40
4033.1
350-00
6420.0
355-32
2161.3
322-05
1202.1
336-20
1270.7
357-35
3395.8
001-55
1870.3

From

To

UK5
UK6
UK7
UK8
From

UK6
UK7
UK8
UK9
To

UK68
UK70
UK71
UK72
UK73
UK74
UK75
UK76
UK77
UK78
UK78A
UK78B
UK79
UK80
UK81
UK82
UK83
UK84
UK85
UK86
UK87
UK88
UK89
UK90
UK91
UK92
UK93
UK94
UK95
UK96
UK97
UK98
UK99
UK100
UK101
UK102
UK103

UK69
UK71
UK72
UK73
UK74
UK75
UK76
UK77
UK78
UK78A
UK78B
UK79
UK80
UK81
UK82
UK83
UK84
UK85
UK86
UK87
UK88
UK89
UK90
UK91
UK92
UK93
UK94
UK95
UK96
UK97
UK98
UK99
UK100
UK101
UK102
UK103
UK104

Bearing
'
272-56
345-40
349-05
324-31
Bearing
'
345-27
309-00
350-05
001-55
69-27
32-11
351-43
327-08
315-44
346-43
74-05
125-56
84-01
54-33
43-42
34-56
005-17
005-17
005-18
353-59
010-53
009-05
310-36
289-54
28-52
346-14
318-59
317-48
299-12
271-40
257-44
252-50
223-44
199-19
270-43
026-19
010-48

Distance
metres
2240.9
3657.6
4398.0
697.7
Distance
metres
4248.6
1719.4
788.5
4116.6
962.6
2050.1
1930.6
2258.6
2335.4
1066.2
200.6
794.6
2981.2
1403.9
1948.0
1011.9
2867.6
2726.7
1133.2
3572.3
2979.1
3538.7
1218.6
4258.4
1765.4
1431.0
761.1
3001.4
929.6
1773.9
2046.1
1379.2
1070.8
4094.7
301.4
410.9
1063.8

UK50
UK51
UK52
UK53
UK54
UK55
UK56
UK57
UK58
UK59
UK60
UK61
UK62
UK63
UK64
UK65
From

UK51
UK52
UK53
UK54
UK55
UK56
UK57
UK58
UK59
UK60
UK61
UK62
UK63
UK64
UK65
UK66
To

005-03
1066.8
351-33
2313.1
311-09
2101.9
331-38
3061.4
297-32
1236.0
287-46
2870.6
246-06
2045.2
337-07
1559.1
327-13
1304.8
302-27
86.6
304-01
1530.7
278-07
1163.7
328-52
1100.0
358-53
1927.6
352-44
2997.1
359-35
1554.8
Bearing Distance
'
metres

UK104
UK105
UK106
UK107
UK108
UK109
UK110
UK111
UK112
UK113
UK114
UK115
UK116
UK117
UK118
UK119
From

UK105
UK106
UK107
UK108
UK109
UK110
UK111
UK112
UK113
UK114
UK115
UK116
UK117
UK118
UK119
UK120
To

007-04
309-06
305-22
315-26
336-21
325-27
259-55
246-16
259-44
209-30
253-00
357-54
354-30
300-39
288-26
248-08
Bearing
'

UK120
UK121
UK122
UK123
UK124
UK125
UK126
UK127
UK128
UK129
UK130
UK131
UK132
UK133
UK134
UK135
UK136
UK137
UK138
UK139
UK140
UK141
UK142
UK143
UK144
UK145
UK146

UK121
UK122
UK123
UK124
UK125
UK126
UK127
UK128
UK129
UK130
UK131
UK132
UK133
UK134
UK135
UK136
UK137
UK138
UK139
UK140
UK141
UK142
UK143
UK144
UK145
UK146
UK147

248-27
249-56
261-33
252-43
311-49
077-52
068-20
069-32
344-54
013-16
287-02
275-51
253-20
321-01
251-53
356-51
082-40
064-58
033-23
040-56
089-35
096-03
000-05
349-22
342-13
273-11
268 38

UK172
UK173
UK174
UK175
UK176
UK177
UK178
UK179

UK173
UK174
UK175
UK176
UK177
UK178
UK179
UK180

013-47
000-05
333-08
296-35
333-39
037-00
331-51
312-41

1239.6
1910.5
406.9
1405.4
1059.5
579.1
1752.9
674.5
1013.5
375.8
1594.4
573.6
883.9
578.5
657.5
818.4
497.1
717.8
1480.4
1471.0
3817.9
1285.0
2129.9
375.8
3324.5
1182.6
905 0

1517.6
1645.6
1962.3
2500.9
2063.2
2593.5
668.7
590.4
276.5
821.1
233.5
592.8
346.6
180.1
461.5
815.6
Distance
metres
1201.5
1619.4
2882.5
2072.3
3380.5
3028.2
4472.6
1354.5

Thence on approximate bearing and

distance of 307 degrees and 6553 metres
respectively, to the Kenya-UgandaSudan International boundary Trijunction.

UK147
UK148
UK149
UK150
UK151
UK152
UK153
UK154
UK155
UK156
UK157
UK158
UK159
UK160
UK161
UK162
UK163
UK164
UK165
UK166
UK167
UK168
UK169
UK170
UK171

UK148
UK149
UK150
UK151
UK152
UK153
UK154
UK155
UK156
UK157
UK158
UK159
UK160
UK161
UK162
UK163
UK164
UK165
UK166
UK167
UK168
UK169
UK170
UK171
UK172

264-15
232-46
234-05
199-35
266-30
278-30
259-24
259-18
242-15
285-28
321-19
005-09
006-44
064-37
064-44
045-39
028-42
015-43
013-32
004-26
298-30
316-07
288-18
355-13
072-36

2410.1
422.8
404.2
655.6
2048.0
2394.8
171.3
2020.2
2008.6
423.7
68.3
242.9
2426.2
1602.0
1307.6
596.8
184.7
3671.3
2568.2
563.0
3769.8
3926.4
2218.9
1991.3
3455.8

KENYA SUDAN INTERNATIONAL BOUNDARY

Commencing at the Kenya-Uganda Sudan Tri-junction (approximately
415N, 33 59 E) Map Reference Series Y732 (D.O.S 426) Sheet No. _
(Zulia 1:50,000)
Thence, on a bearing 44 45 at an approximate distance of 72km, to the
northern most point of the northern-most crest of long spur running
north-west from Jabel Mogila known as Kilima Cha Habash also known
as Makinnen Chebosh (Chorua) approximately 441N, 34 28E;
Thence, along the 1950 Sudanese Defence Force patrol line (Yellow
line) on a Northeasterly direction for an approximate distance of 104km
to a point 4.5km to the North of Moruthi Hill.
Thence, on the North-north easterly direction for approximate distance of
20km to the Kenya-Sudan Ethiopia Tri-junction (approximately 5 25N

3515E), this is at a distance of approximately 10km on a South-south

westerly direction from Mt. Naita (Solka).

KENYA ETHIOPIA INTERNATIONAL BOUNDARY

The boundary starts from Kenya-Ethiopia-Sudan Tri-junction point (5
25' N, 35 15'E);
Thence along the thalweg of River Kibish (Sacchi);
Thence to the mouth or marshes at the mouth of this river to the West
shores of the peninsula east of Sanderson Gulf to the Boundary Pillar No.
D23 situated 200meters to the south of the southeastern end of rocky
ridge called Okolon;
Thence by series straight lines each terminating at a pillar on the
following true bearing and distances successively;
Bearing
Distance

Bearing
Distance
Pillar
to the next
to the next
Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar

 '
metr

'
metr
D23
193 46
54
C46
91 05
22
D22
193 46
3
C45
91 05
12
D21
193 46
40
C44
9 05
11
D20
193 46
4
C43
91 04
204

D19
193 46
464
C42
91 06
1838
D18
193 46
385
C41
91 06
2987
D17
193 46
430
C40
91 06
1195
D16
193 46
355
C39
91 03
2796
D15
193 46
401
C38
91 06
1938
D14

193 46
6
C37
91 06
21
D13
193 46
4
C36
01 05
12
D12
105 00
2
C35
91 05
34
N5
105 00
8
C34
83 44
53
N4
105 00
16
C33
82 49
21
N3
180 00

1371
C32
92 15
2235
N2
233 12
3126
C31
125 02
2155
N1
233 12
9
C30
92 42
6646
D3
130 34
324
C29
87 22
2910
D2
130 34
233
C28
87 21
1678
D1

C27
87 22
68
LAKE

C26
87 22
43
POINT
130 34

C25
16 09
34
in

C24
103 16
56
LAKE

C23
112 59
44
TURKANA

C22
137 07
419

C21
172 03
1625
C54
91 05
861
C20
89 30
772
C53
91 05
2446
C19
103 10
501
C52
91 05
745
C18
97 37
100
C51
67 27
1827

C17
157 50
C50
111 21
374
C16
142 56
30
C49
91 04
94
C15
136 24
13
C48
91 04
30
C14
129 03
62
C47
91 03
28
C13
319 24
10
Bearing
Distance

Bearing
Distance
Pillar
to the next
to the next
Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metres

'
metres
C12
281 17
544
B88
304 03
746
C11
251 27
972
B87
308 47

24
C10
297 13
74
B86
319 59
34
C9
312 05
110
B85
303 38
45
C8
223 03
3
B84
303 37
350
C7
215 06
3
B83
303 43
32
C6
197 45
11
B82
295 56
4

C5
308 57
631
B81
348 29
5359
C4
300 32
320
B80
304 19
2318
C3
259 57
446
B79
304 12
4333
C2
346 45
227
B78
304 14
3802
C1
330 33
805
B77
304 13
5241

B128
301 50
12
B76
301 48
524
B127
16 59
3
B75
304 01
304
B126
352 42
12
B74
302 28
530
B125
315 44
32
B73
302 28
130
B124
349 04
12
B72
307 56
39
B123

341 54
358
B71
299 14
5134
B122
315 08
696
B70
299 14
213
B121
258 37
741
B69
299 13
314
B120
271 53
400
B68
264 20
265
B119
296 24
882
B67
267 11
157
B118
294 31

114
B66
287 03
12
B117
324 41
30
B65
254 30
10
B116
276 53
6
B64
259 21
3
B115
309 16
272
B63
328 41
40
B114
337 25
1
B62
271 33
1
B113
309 00
2

B61
291 38
660
B112
312 30
2064
B60
347 55
468
B111
308 09
426
B59
332 47
422
B110
286 57
536
B58
334 17
239
B109
253 20
2624
B57
270 30
51
B108
302 56
6786

B56
310 14
6
B107
302 56
22
B55
347 59
2
B106
302 56
470
B54
297 06
1
B105
302 56
34
B53
348 57
34
B104
302 56
13
B52
326 38
4
B103
302 56
164

B51
312 15
517
B102
302 56
6035
B50
334 04
538
B101
302 56
5144
B49
297 48
525
B100
302 56
1749
B48
347 27
524
B99
302 56
1345
B47
296 31
451
B98
302 56
340
B46

321 45
4
B97
304 26
3
B45
272 41
34
B96
267 44

B44
356 03
2
B95
309 05
2
B43
313 47
1
B94
300 55
24
B42
2 30
12
B93
322 15
36
B41
306 08

798
B92
304 05
5013
B40
315 24
194
B91
304 06
7379
B39
6 13
212
B90
304 03
170
B38
291 21
357
B89
304 05
565
B37
291 23
148
Bearing
Distance

Bearing
Di t

Pillar
to the next
to the next
Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metr

'
metr
B36
234 36
2
A329
317 51
1
B35
294 58
40
A328
245 12
2

B34
308 02
2971
A327
297 05
57
B33
308 02
1223
A326
295 30
105
B32
311 41
85
A325
308 23
109
B31
352 57
2059
A324
292 30
235
B30
318 00
452
A323
289 30
282
B29

312 03
3
A322
315 41
B28
235 22
1
A321
347 50
1
B27
218 24
3
A320
242 46
30
B26
237 33
11
A319
242 48
260
B25
260 37
1
A318
269 22
B24
281 43

4185
A317
243 26
313
B23
257 16
5732
A316
205 14
187
B15
273 44
2837
A315
256 01
226
B14
273 44
4886
A314
210 56
119
B13
273 44
6095
A313
254 16
224
B12
273 44
5508

A312
253 26
2
B11
273 44
400
A311
249 29
B10
273 44
384
A310
213 41
14
B9
249 58
28
A309
274 18
30
B8
249 58
10
A308
00 10
1
B7
262 11

A307
21 30
708
B6
226 16
88
A306
321 42
234
B5
221 19
533
A305
299 33
347
B4
247 52
282
A304
248 21
54
B3
240 15
142
A303
190 34
1822
B2
187 40
111

A302
282 53
270
B1
152 03
6
A301
282 52
40
A355
174 35
2
A300
304 19
8
A354
232 32
1
A299
201 38
1
A353
169 58
4
A298
194 05
12
A352
180 45
62
A297

257 03
190
A351
121 35
374
A296
254 17
271
A350
177 42
246
A295
234 07
106
A349
131 52
389
A294
153 26
541
A348
230 57
127
A293
216 36
259
A347
219 34
205
A292
158 50

3
A346
285 52
2
A291
162 04
1
A345
265 55
172
A290
163 57
24
A344
264 30
2
A289
194 36
3
A340
326 58
64
A288
151 49
22
A339
352 01
3
A287
157 34
11

A338
332 19
806
A286
247 37
492
A337
335 17
373
A285
283 38
439
A336
328 44
368
A284
321 35
134
A335
5 16
270
A283
8 21
282
A334
29 04
611
A282
348 07
905

A333
320 24
5
A281
330 15
26
A332
272 05
3
A280
325 48
8
A331
315 36
1
A279
325 47
A330
328 42
1
A278
309 24
14
Bearing
Distance

Bearing
Distance
Pill

to the next
to the next
Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metres

'
metres
A277
324 28
359
A230
thalweg
265
A276
356 19
153
A229
181 30
519
A275
343 07

6
A228
254 05
12
A274
340 37
4
A227
279 52
A273
287 39
1
A226
301 19
1
A272
309 49
584
A225
286 35
2
A271
286 38
35
A224
270 34
2
A270
286 34
45

A223
254 14
34
A269
286 20
24
A222
274 55
164
A268
285 13
936
A221
248 04
84
A267
281 15
2373
A220
226 41
81
A266
290 36
2628
A219
197 11
265
A265
287 01
1731

A218
198 09
A264
291 22
26
A217
253 09
A263
266 30
332
A216
324 08
A262
266 28
12
A215
309 34
A261
234 00
2
A214
263 58
A260
173 27
2

A213
307 19
60
A259
161 29
266
A212
267 05
44
A258
187 27
176
A211
258 05
100
A257
196 29
550
A210
259 52
124
A256
229 21
207
A209
310 08
73
A255
255 36
204
A208

272 53
A254
189 36
3
A207
311 16
5
A253
257 35
4
A206
320 26
A252
307 34
2
A205
258 52
1
A251
244 20
2
A204
258 58
4
A250
354 08
40
A203K
257 36

50
A249
795 50
138
A203E
245 59
A248
313 49
191
A202K
thalweg
A247
3 57
207
A202E
thalweg
A246
313 48
718
A201K
thalweg
A245
286 37
368
A201E
thalweg

A244
286 36
24
A200K
thalweg

A243
217 58
9
A200E
thalweg

A242
298 21
10
A199K
thalweg

A241
208 22
2
A199E
thalweg

A240
232 00

A198K
thalweg

A239
162 07
95
A198E
thalweg

A238
228 00
232
A197K
thalweg

A237
190 04
24
A197E
thalweg

A236
221 49
251
A196K
thalweg

A235E
153 04

A196E
thalweg

A235K

229 07
2
A195K
thalweg

A234K
153 04

A195E
thalweg

A234E
thalweg

A194
thalweg
1
A233E
thalweg

A193
258 04
A233K
thalweg

A192K
thalweg
A232K
th l

A192E
thalweg
A232E
thalweg

A191
thalweg
1084
A231K
thalweg

A190
313 15
1298
A231E
thalweg

A189
313 40
2923
Bearing
Distance

Bearing
Distance
Pillar
to the next
t th
t

Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metr

'
metr
A188
294 16
2
A136
329 18
1
A187
294 04
70
A135
332 29
A186
257 35
2

A134
354 45
98
A185
296 15
191
A133
283 45
462
A184
293 03
126
A132
264 52
284
A183
266 38
174
A131
323 23
134
A182
243 35
370
A130
287 07
277
A181
268 27
160

A129
277 03
3
A180
320 03
4
A128
236 50
2
A179
275 08
3
A127
244 33
3
A178
29 37
3
A126
238 24
32
A177
10 20
1
A125
245 18
3
A176
13 59

A124

255 30
610
A175
298 05
179
A123
251 43
256
A174
317 15
198
A122
251 57
173
A173
265 01
276
A121
301 46
40
A172
282 58
2019
A120
247 48
198
A171
299 10
214
A119
252 03

10
A170
292 31

A118A
282 55
42
A169
251 38
4
A118
291 43
2
A168
291 39
5
A117
320 17
1
A167
256 57

A116
295 53
84
A166
255 52
7
G15
249 43
42

A165
345 51
465
G14
209 24
299
A164
4 56
95
G13
218 04
161
A163
343 42
242
G12
258 44
846
A162
331 45
219
G11
221 04
880
A161
358 53
75
G10
201 16
32

A160
338 38
2
G9
201 18
3
A159
18 21
1
G8
200 44
7
A158
352 09
1
G7
255 10
4
A157
308 28
1
G6
255 09
4
A156
289 18
1
G5
298 45
4
A155

260 26
90
G4
319 46
262
A154
284 35
223
G3
357 15
874
A153
263 32
215
G2
349 27
348
A152
285 11
1652
G1
17 04
261
A151
263 17
166
A110
13 57
380
A150
245 44

3
A109
247 44
A149
293 42
1
A108
280 25
A148
207 39
10
A107
274 51
12
A147
255 09
22
A106
232 58
14
A146
265 24
4
A105
266 57
A145
263 14
3

A104
266 59
403
A144
291 15
259
A103
270 57
75
A143
347 37
172
A102
276 43
2553
A142
274 41
401
A101
292 15
348
A141
278 52
1366
A100
279 55
1266
A140
278 33
286

A99
286 31
25
A139
276 36
5
A98
299 07
A138
246 36
2
A97
230 20
2
A137
279 21

A96
192 45

Bearing
Distance

Bearing
Distance
Pillar
to the next
to the next

Pillar
to the next
to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metres

'
metres
A95
217 40
71
A43
77 50
188
A94
216 22
146
A42
97 27
308
A93
305 54
60
A41

105 00
1
A92
253 27
1
A40
89 59
A91
327 59

A39
03 39
2
A90
328 42
2
A38
45 10
2
A89
270 00
6
A37
80 00
2
A88
245 10
1
A36
81 46

300
A87
238 01
550
A35
00 44
153
A86
227 10
361
A34
57 17
210
A85
254 44
74
A33
36 23
108
A84
186 16
104
A32
72 45
235
A83
250 19
280
A31
86 34
180

A82
350 05
42
A30
155 21
1
A81
351 19
1
A29
142 36
24
A80
355 53
1
A28
97 52
4
A79
306 54
4
A27
158 58
1
A78
245 33
2
A26
106 23
4

A77
253 50
91
Q30
163 25
688
A76
222 12
492
Q29
163 25
1041
A75
340 34
36
Q28
163 25
911
A74
252 32
504
Q27
163 25
1101
A73
277 38
138
Q26
163 25
1301
A72

198 31
2
Q25
163 25
2
A71
158 23
4
Q24
163 25
94
A70
157 54

Q23
163 25
A69
158 20
2
Q22
118 04
10
A68
225 44
24
Q21
118 04
6
A67
225 28

208
Q20
118 04
41
A66
243 20
78
Q19
118 04
610
A65
279 30
440
Q18
56 03
478
A64
297 37
417
Q17
84 38
574
A63
292 19
105
Q16
10 31
1102
A62
292 42
67

Q15
87 07
24
A61
293 59
4
Q14
21 34
6
A60
275 46
1
Q13
21 34
40
A59
188 30
5
Q12
21 34
70
A58
283 34

Q11
21 34
14
A57
303 14
4

Q10
21 34
1268
A56
197 01
538
Q9
21 34
363
A55
287 50
63
Q8
21 34
284
A54
259 27
159
Q7
201 34
722
A53
21 41
124
Q6
21 34
355
A52
29 58
250

Q5
21 34
74
A51
97 40

Q4
21 34
70
A50
132 31
1
Q3
21 34
14
A49
143 02
10
Q2
21 34
23
A48
153 10

Q1
21 34
132
A47
109 39

105

58 11
1055
A46
85 57
137
104
58 10
94
A45
33 23
94
103
58 12
4793
A44
12 32
175
102
44 18
2929
Bearing
Distance

Bearing
Distance
Pillar
to the next
to the next
Pillar
t th
t

to the next
No.
Pillar
Pillar
No.
Pillar
Pillar
'
metr

'
metr
101
44 21
240
49
68 03
9
100
44 20
46
48
68 03
13
99
44 20
37
47
68 03
192

98
44 18
3349
46
68 03
460
97
44 18
2842
45
68 03
2019
96
44 22
382
44
68 03
1332
95
136 58
1430
43
68 03
1922
94
36 52
4273
42
68 03
555

93
21 51
35
41
68 03
8
92
24 51
34
40
68 03
104
91
24 51
15
39
68 03
20
90
24 44
22
38
68 03
20
89
24 51
14
37
68 03
7
88

24 53
4392
36
58 03
1222
87
24 50
3240
35
58 03
214
86
24 51
2571
34
68 03
467
85
62 25
4600
33
68 03
217
84
62 24
4601
32
68 03
665
83
72 25

12
31
68 03
5
82
62 29
40
30
68 03
4
81
62 21
29
29
68 03
74
80
62 45
52
28
68 03
22
79
62 45
584
27
68 03
15
78
62 45
24

26
68 03
2010
77
62 43
1646
25
68 03
224
76
62 45
822
24
68 06
306
75
56 41
1067
23
84 29
251
74
37 12
974
22
36 45
528
73
62 43
285

21
20 06
3
72
62 43
13
20
57 23
7
71
62 43
160
19
62 55
4
70
25 36
7
18
12 29
6
69
70 07
12
17
87 54
90
68
116 20
182

16
80 37
1334
67
68 03
3697
15
45 02
562
66
68 03
1108
14
82 57
144
65
68 03
2071
13
49 14
116
64
68 03
2919
12
25 28
279
63
68 03
1858
11

75 16
6
62
68 03
212
10
37 26
6
61
68 03
15
9
32 00
124
60
68 03
23
6
90 59
59
68 03
82
5
91 16

58
68 03
132
4
th l

106
57
68 03
893
3
91 37
134
56
106 34
1237
2
71 14
274
55
41 33
1164
1
84 16
54
68 03
2103
Thence from Boundary Pillar No.1 the boundary follows the thalweg of River
Dawa/Daua downstream upto the Lowest point on the thalwag of this River opposite
Boundary Pillar No. 1 of the boundary between Kenya-Somalia,
Situated on the right bank of the river about 650 metres northwest of the Police Post on
the Mandera-Dolo Gedo road of the Malka-Rie area.
53
68 03
1039
52
68 03
857

51
68 03
192
50
38 03
22

KENYA-SOMALIA INTERNATIONAL BOUNDARY

Commencing at a point on the lowest course of the River (Daua) and
rising on a straight line for 450 meters to Boundary Pillar No. 1 (3
5857 North, 41 5436.43 East of Greenwich);
Thence South-westerly in a straight line through Boundary Pillars No.2
(3 5710.97N, 41 5327.71E), BP No. 3(3 49 23.68N, 41 38
55.25E), BP no. 4(3 36 05.33N, 41 38 37.50E), BP No. 5 (3 26
05.92N), 41 3138.76E) of approximately 111.6km to Boundary
Pillar No.6 (3 092437N, 41 19 59.58E);
Thence Southwesterly in a straight line through Boundary Pillars No. 7
(03 00 44.80N, 41 11 15.67E) of approximately 52.7km to
Boundary Pillar No. 8 (02 49 19.20N, 40 59 44.34E);
Thence due South in a straight line through Boundary Pillars No. 9 (02
47 35.06N, 40 59 4434E), No. 10 (02 31 15. 07N), (40 59
44.34E), No. 11 (02 14 55.09N, 40 59 44.34E), No. 12(01 56
40.78N), 40 59 44.34E), No. 13(01 42 27.16N, 40 59
44.34E), No. 14(01 26 26.85N, 40 59 44.34E), No. 15(01 10
02.74N, 40 59 44.34E), No. 16(00 59 49.90N, 40 59 44.34E),
No. 17(00 43 25.56N, 40 59 44.34E), No. 18(00 30 23.94N, 40
59 44.34E), No. 19(00 24 26.84N, 40 59 44.34E), No. 20(00
00 4.73S, 40 59 44.34E), No. 21(00 09 33.90S), No. 21(00 09
33.90S, 40 59 44.34), No. 22(00 34 35.09S, 40 59 44.34E) for

approximately 409.8km to Boundary Pillar No. 23 (00 50 0.00N, 40

59 44.34E);
Thence leaving primary beacon No. 23 in a South-easterly direction in a
straight line through boundary Pillars No. 24(01 03 03. 21S, 41 09
21S, 41 09 22.37E); No. 25(01 12 19.96S, 41 16 13.27E); No.
26(01 28 55.61S, 41 28 33.09E), No. 27 (01 33 11.01S, 41 31
42.94E), for approximately 105.0km to Boundary Pillar No. 28 (01 36
05.03S, 41 33 52.18E).
Thence Leaving Primary Beacon No. 28 in a due south direction for
approximately 7km to Primary Beacon No. 29(1 39 51.95S), 41 35
52.18E) at Diua Damasciaca Island in the Indian Ocean

TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE

BOUNDARIES
From Pillar No.3a, at the Indian Ocean Shore at Jassini village, the
boundary runs in a northeasterly direction to a point at the end of
Ngobwe Creek;
Thence it follows the eastern bank of Ngobwe Creek to the eastern mouth
of Ngobwe Ndogo;
Thence to the northern bank of Jimbo Creek in an easterly direction to a
point which intersects the straight line from Lake Jipe at Ras Jimbo;
Thence the boundary stretches into the Indian Ocean in a southeasterly
direction following the median line upto a point named A (Map reference
SK74 South Sheet)
Thence, following a circular curve of radius 650 metres, which turns in
an anti-clockwise direction whose center is at a point D; to a point B;
Thence through the Pemba Channel following the median line to the
point C;
Thence turns eastwards for 80 metres to intersect the territorial sea
boundary of 12 nautical miles from the baseline;
Thence the exclusive economical Zone boundary continues in an easterly
direction on the Indian Ocean for approximately 200 nautical miles from
the baseline upon which the breadth of the territorial sea is measured.

Thence from the Tri-junction of the Territorial sea and the exclusive
economic Zone boundary in a generally northeasterly direction and at a
distance of 12 nautical miles from the baseline (Map Reference Series SK
74 South and North Sheets Edition 6-SK) to a point East of BP29 on the
Kenya-Somalia International boundary.

KENYA-TANZANIA INTERNATIONAL BOUNDARY

Commences from the Indian Ocean along the northern bank of the Jimbo
Creeck, making the foreshore in the Kenyan sphere, as far as the eastern
mouth of the Ngobwe Ndogo;
Thence southwesterly on a straight line to BP3a at Jassini Village;
Thence by series of straight lines each terminating at a Pillar on the
following bearings and distances successively to Boundary Pillar
YASSINI;
Pillar No.
BP3A
BP3
BP4
GS2
GS1
M261
M263
M264
M265

Bearing to the
next Pillar
0
251 27
300 40
02 42
17 30
346 46
342 16
04 30
346 56
311 51

Distance to
the next Pillar
metres
797.2
72.9
73.8
54.7
54.9
249.9
76.2
399.1
316.3

Thence from Boundary Pillar YASSINI on a bearing of 3045139 for a

distance of 190 through series of Boundary Pillars in a straight line to
Boundary Pillar TK67 South of Lake Jipe;
Thence through the centre line of Lake Jipe and the thalweg of River
Ruvu/Pangani to the confluence of River Losoyai/Kileo;

Thence through the thalweg of the later river; thence to a point 350
metres that is intersected to the river by a straight line through Boundary
Pillars TK66 and TK66/1;
Thence 350 metres upstream to Boundary Pillar No.66/1;thence by series
of straight lines on the following bearings and distances successively TO
boundary Pillar TK59;

Pillar No.
TK66/1
TK66NEW
TK65
TK62
TK61
TK60

Bearing to the
next Pillar
0
359 55
41 55
45 30
82 31
37 57
01 34

Distance to
the next Pillar
metres
2099.5
5637.9
6998.3
1846.3
771.5
3082.2

Thence from Boundary Pillar TK59 on a north-easterly direction across

Lake Chala to Boundary Pillar 58 for an approximate distance of 3.3 km
to Boundary Pillar 57;
Thence in a northeasterly direction to Boundary Pillar 56 at Leto Village
through series of Boundary Pillars
57/9,57/8,57/7,57/6,57/5,57/5,57/4,57/3,57/2,57/1, 57 new,
56/11,56/10,56/9,56/8,56/7,56/6,56/5,56/4,56/3,56/2,56/1 respectively;
Thence on a bearing of 29920 and a distance of 457.6 km
approximately through 55/8,55/7, 55/6, 55/5, 55/4, 55/3, 55/2, 55/1,55
new, 54/4,54/3,54/2,54/1,54newetcBP5new, BP4, and BP4new
successively to Boundary Pillar MWISHONI at the shores of Lake
Victoria;
Thence continuous on the same bearing fro 1.6 km to a point (1-01-09S,
34-04-44E) on the Lake waters north of Kibecheri Island in Tanzania;
Thence southwesterly to a point (01-02-38S, 34-02-40E) Southwest of
Kitegunga Point of Muhoru Bay in Kenya;
Thence south northwesterly to a point (01-01-54S, 34-01-47E) Southwest
f Ki
P i
fM h
B i K

Thence northerly to a point (01-00-00S, 34-01-00E) Southwest of

Mahanga Island in Kenya;
Thence to a point of commencement on the Kenya-Tanzania-Uganda TriJunction, in Lake Victoria.

SECOND SCHEDULE
Provinces And Districts
Provinces
1. Nairobi
2. Central
3. Eastern
4. North Eastern
5. Coast
6. Western
7. Nyanza
8. Rift Valley

Districts
NAIROBI PROVINCE
Nairobi
RIFT VALLEY PROVINCE
1. Baringo
2. Keiyo
3. Uasin Gishu
4. Nandi
5. Marakwet
6. Trans Nzoia
7. Turkana
8. Samburu
9. West Pokot
10. Buret
11. Kericho
12. Laikipia
13. Nakuru
14. Koibatek
15. Bomet
16. Transmara
17. Narok
18. Kajiado
NORTH EASTERN PROVINCE
1. Garissa
2. Ijara
3. Wajir
4. Mandera
COAST PROVINCE
1. Mombasa
2. Kwale
3. Kilifi
4. Malindi
5. Tana River
6. Lamu
7. Taita
EASTERN PROVINCE
1. Moyale
2. Marsabit

3. Isiolo
4. Meru North
5. Meru Central
6. Tharaka
7. Meru South
8. Embu
9. Mbeere
10. Mwingi
11. Kitui
12. Machakos
13. Makueni
CENTRAL PROVINCE
1.
2.
3.
4.
5.
6.
7.

Nyandarua
Nyeri
Kirinyaga
Maragua
Muranga
Thika
Kiambu

WESTERN PROVINCE
1. Malava-Lugari
2. Kakamega
3. Butere/Mumias
4. Vihiga
5. Mt. Elgon
6. Bungoma
7. Teso
8. Busia
NYANZA PROVINCE
1. Siaya
2. Rachuonyo
3. Kisumu
4. Homa-Bay
5. Migori
6. Suba
7. Kuria
8. Kisii
9. Nyamira
10. Bondo
11. Nyando
12. Gucha

THIRD SCHEDULE
National Symbols
(j)

The National Flag

(b)

The National Anthem

(c)

The Coat of Arms

(d)

The Public Seal of Kenya

FOURTH SCHEDULE
NATIONAL OATHS AND AFFIRMATIONS
OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF
THE PRESIDENT/ACTING PRESIDENT AND THE VICE
PRESIDENT
I, . in full realization of the high calling I assume as
President/Acting President of the Republic of Kenya, do swear/solemnly
affirm that I will be faithful and bear true allegiance to the Republic of
Kenya; that I will obey, preserve, protect and defend the Constitution of
Kenya, as by law established and all other laws of the Republic; that I
will protect and uphold the sovereignty, integrity and dignity of the
people of Kenya. (In the case of an oath: So help me God.)
OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF
OFFICE FOR THE PRESIDENT/ACTING PRESIDENT
I, swear/solemnly affirm that I will truly and diligently
serve the people and the Republic of Kenya in the office of the
President/ Acting President of the Republic of Kenya that I will
diligently discharge my duties and perform my functions in the Office of
President/Acting President of the Republic of Kenya and do justice to all
manner of people in accordance with the Constitution as by law
established and the laws of Kenya, without fear, favour, affection or illwill. (In the case of an oath: So help me God.)
OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF
OFFICE FOR THE VICE PRESIDENT
I do swear/solemnly affirm that I will alwaystruly and diligently serve the people and the Republic of Kenya in the
office of the Vice President of the Republic of Kenya; diligently
discharge my duties and perform my functions in the said office, to the
best of my judgment; at all times when so required faithfully and truly
give my counsel and advice to the President of the Republic of Kenya;
do justice to all without fear, favour, affection or ill-will and that I will
not directly or indirectly reveal such matters as shall come to my
knowledge in the discharge of my duties and committed to my secrecy.
(In the case of an oath: So help me God.)

OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF

OFFICE OF THE PRIME MINISTER/ACTING PRIME
MINISTER
I,swear/solemnly affirm that I will be
faithful to the Republic of Kenya; that I will obey and uphold the
Constitution of Kenya and all other laws of the Republic of Kenya; that I
will at all times well and truly serve the people and Republic of Kenya;
that I undertake to hold my office as Prime Minister/Acting Prime
Minister of the Republic of Kenya with honour and dignity; that I will
be a true and faithful counselor; that I will not divulge directly or
indirectly such matters as shall come to my knowledge in the discharge
of my duties and committed to my secrecy, except as may be required
for the due discharge of my duties as Prime Minister/Acting Prime
Minister; and that I will perform the functions of my office
conscientiously and to the best of my ability. (In the case of an oath: So
help me God.)
OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF
OFFICE FOR A MINISTER/DEPUTYMINISTER
I, being appointed a Minister of Kenya, do
swear/solemnly affirm that I will at all times be faithful to the Republic
of Kenya, that I will obey, respect and uphold the Constitution of Kenya
and all other laws of the Republic; that I will well and truly serve the
people and the Republic of Kenya in the Office of a Minister/ Deputy
Minister; that I undertake to hold my office as Minister/ Deputy
Minister with honour and dignity; to be a true and faithful counselor to
the Prime Minister for the good management of the public affairs of the
Republic of Kenya; not to divulge directly or indirectly such matters as
shall come to my knowledge in the discharge of my duties and
committed to my secrecy except as may be required for the due
discharge of my duties as Prime Minister; and to perform the functions
of my office conscientiously and to the best of my ability. (In the case of
an oath: So help me God.).
OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF
OFFICE FOR A PERMANENT SECRETARY
I being called upon to exercise the functions of a
Permanent Secretary, do swear/solemnly affirm that, except with the
authority of the Prime Minister, I will not directly or indirectly reveal
the nature or contents of any business, proceedings or document of the
C bi t
itt d t
t
b
i d f th d

discharge of my duties as such Permanent Secretary. (In the case of an

oath: So help me God.)
OATHS FOR THE CHIEF JUSTICE /PRESIDENT OF THE
SUPREME COURT, JUDGES OF THE SUPREME COURT, THE
JUDGES OF THE COURT OF APPEAL AND JUDGES OF THE
HIGH COURT.
I .. (The Chief Justice /President of the
Supreme Court, a Judge Of The Supreme Court, a Judge Of The Court
Of Appeal, a Judge Of The High Court) do (swear in the name of the
Almighty God)/(solemnly affirm) to diligently serve the people and the
Republic of Kenya and to impartially do Justice in accordance with the
Constitution as by law established and the Laws and customs of the
Republic without any fear, favour, bias, affection, ill-will, prejudice or
any political, religious or other influence. In the exercise of the judicial
functions entrusted on me, I will at all times, and to the best of my
knowledge and ability, protect, defend, administer and discharge the
Constitution with a view to upholding the dignity and the respect for the
judiciary and the justice system of Kenya and promoting fairness,
Independence, Competence and Integrity within it. (So help me God.)
OATH
OF
A
CONSTITUTIONAL
CONSTITUTIONAL COMMISSIONER

OFFICER/

I. being appointed a Commissioner in

the Commission do solemnly swear that I will
diligently, truly and impartially perform the functions and exercise the
powers devolving upon me by virtue of this appointment without fear,
favour, bias, affection, ill-will or prejudice and to the end that in the
exercise of the functions and powers as such Commissioner I shall not
be influenced by any political party, religious society or other
organization or person which may have nominated me for the
appointment. So help me God.
OATHS FOR THE PROVINCIAL/DISTRICT ADMNISTRATOR.
I.. do swear(solemnly affirm) that as a duly elected
(Provincial)/(District) Administrator, I will faithfully and
conscientiously perform the duties entrusted upon me and serve the
people and the Republic of Kenya, without fear, favour, bias, affection,
or ill-will and that I will uphold the Sovereignty, integrity and dignity of

the people of Kenya and at all times I will preserve, protect and defend
the Constitution of the Republic of Kenya.
(So help me God.)
OATH /AFFIRMATION OF MEMBER OF PARLIAMENT
(NATIONAL ASSEMBLY/ NATIONAL COUNCIL)
I--------------------------------------having been elected a member of
National Assembly/National Council do swear (in the name of the
Almighty God) (solemnly affirm) that I will bear true faith and
allegiance to the People and the Republic of Kenya; that I will obey,
respect, uphold, preserve, protect and defend the Constitution of the
Republic of Kenya; and that I will faithfully and conscientiously
discharge the duties of a member of Parliament. (So help me God).
OATH FOR SPEAKER/DEPUTY SPEAKER
NATIONAL ASSEMBLY /NATIONAL COUNCIL

OF

THE

I--------------------------------------having been elected as Speaker/deputy

speaker of the National Assembly/National Council do swear (in the
name of the Almighty God) (solemnly affirm) that I will bear true faith
and allegiance to the people and the Republic of Kenya; that I will
faithfully and conscientiously discharge my duties as speaker/deputy
speaker of the National Assembly/National Council; that I will obey,
respect, uphold, preserve, protect and defend the Constitution of the
Republic of Kenya; and that I will do right to all manner of persons in
accordance with the Constitution of Kenya and the laws and conventions
of Parliament without fear or favour, affection or ill will (So help me
God).

FIFTH SCHEDULE
LEADERSHIP AND INTEGRITY CODE OF CONDUCT
1.
A public officer shall not be in a position where the personal
interest of the public officer conflicts with the duties and responsibilities
of office, or compromise the honesty, impartiality and integrity of the
office and the officer.
2.

A public officer shall not

(a)

receive or be paid the emoluments of a public office at

the same time that the public officer receives or is paid
the emoluments of any other public office; or

(b)

except where the public officer is not employed on a

full a time basis, engage or participate in the
management or running of a private business,
profession or trade, but a public officer is not
prevented from holding shares in a private business or
engaging in farming.

3.
The President, Vice-President, the Prime Minister and the other
Ministers of the Government, Permanent Secretaries, Chief Executive
Officers and Senior managers of parastatals, Government and senior
officials of the Central Bank, members of Parliament and any
other public officers, and any other persons as prescribed by
Parliament shall not maintain or operate a bank account in a
country outside Kenya.
4.
A person elected to the Parliament shall before taking office,
declare the asset and liabilities of that person and subsequently take and
subscribe before the Speaker of the relevant House the Oath of
Allegiance and Oath of Membership according to the Constitution, but a
member may before taking the oaths take part in the election of the
Speaker and Deputy Speaker of the House.
5.
The Speaker and Deputy of Parliament shall declare their assets
and liabilities in the manner prescribed by the Constitution and
subsequently take and subscribe the Oath of Allegiance and the Oath of
Membership before the clerk of Parliament.
6. A person who is elected to the Office of President or Vice-President
shall not begin to perform the functions of office unless that person has
d th d l ti
f
t
d li biliti
ib d i th

Constitution and has taken and subscribed the Oath of Allegiance and
the Oath of Office before the Chief Justice or the person for the time
being appointed to exercise the functions of that office.
7. The Ethics and Integrity Commission shall establish and maintain
a register in which the assets and liabilities of public officers are
recorded and it is an offence if a public officer fails to make the
declaration of assets and liabilities so that they not recorded in the
register.
8.
The following are serious offences which are in conflict with the
Leadership and Integrity Code:
(a)

conviction in a court of law and sentence to a term of

imprisonment without the option of a fine for a serious
offence;

(b)

misappropriation of the funds of the public office or

destruction of properties of the public office;

(c)

engaging in a corrupt practice or seeking or accepting a

bribe for performing or not performing a duty or a task;

(d)

engaging in sexual or physical abuse of any person or

abuse of office to obtain sexual or any other undue
advantage from members of staff or any other person;

(e)

abuse of elected or employed office of the state to obtain a

direct or an indirect undue advantage or enrichment;

(f)

deliberately disrupting meetings and interfering with the

orderly function of a public institution or office.

9.
A public officer shall not, after retirement from public service
and whilst still receiving pension from public funds, accept more than
two remunerative positions as chairperson , director or employee of (a)
(b)

a company owned or controlled by the Government;

any public authority.

10.
(1)
A retired public officer shall not receive any other
remuneration from public funds in addition to the pension and the
emoluments of two remunerative positions.
P

(2)
A person who has held office as the President, Vice
id t P i
Mi i t Chi f J ti
d
th
ffi
ifi d

by Parliament is prohibited from service or employment in foreign

companies or foreign enterprises.
(11) (1)
A public officer shall not ask for or accept property or
benefits of any kind as a personal benefit or for any other person on
account of anything done or omitted to be done by the public officer in
the performance of a function as public officer.
(2)
The receipt by a public officer of any gifts or benefits from
commercial firms, business enterprises or persons who have contracts
with the Government is a conduct which is in breach of the Leadership
and Integrity Code.
(3) A gift or donation to a public officer on a public or
ceremonial occasion is a gift to the appropriate institution represented by
the public officer, and accordingly the mere acceptance or receipt of the
gift or donation is not a contravention of the Code so long as the public
officer hands over the gift to the appropriate institution as soon as
possible..
(13) (1). The President or Vice-President, the Prime Minister or
Ministers of the Government and their deputies, chief executive officers
or any other person specified by Parliament and senior managers of
parastatals, Permanent Secretaries, Head of a university or polytechnic
or other parastatal organization or any other person specified by
Parliament shall not accept
(a)

a loan, except from the Government or its agencies, a

bank, building society, mortgage institution or any other
financial institution recognized by law; and

(b)

any benefit of whatever nature from any company,

contractor, or businessman or the nominee or agent of that
person.

(2)
The head of a public corporation, a university, any other
parastatal organization may, subject to the rules and regulations of that
body, accept a loan for the purpose of the institution.
14.
A person shall not offer a public officer any property, gift or
benefit of any kind as an inducement or bribe for the granting of a
favour or the performance of a function or non-performance in favour of
that person.

15.
A public officer shall not do or direct to be done, in abuse of
office, an arbitrary act prejudicial to the rights of any other person
knowing that the act is unlawful or contrary to Government policy.
16.
A public officer shall not be a member or belong to or take part in
any society or organization the membership of which is incompatible
with the functions or dignity to the office of the public officer.
17
(1). A public officer shall within four months after the coming
into operation of this Code of Conduct or immediately after taking
office, and
(a)

at the end of every four years, or

(b)

at the end of the public officers term of office,

submit to the Ethics and Integrity Commission a written declaration of

the properties, assets, and liabilities of the public officer their spouse
and those of unmarried children under the age of eighteen years.
(2) A statement in the declaration that is found to be false by any
authority or person authorized in that behalf to verify it is deemed to be
a breach of this Code.
(3) Any property or asset acquired by a public officer after the
declaration required under this Code and which is not fairly attributed to
income, gift, or loan approved by this Code shall be deemed to have
been acquired in breach of this Code unless the contrary is proved.
(4) An allegation that a public officer has committed a breach of,
or has not complied with, this Code shall be made to the Ethics and
Integrity Commission.
(5) A public officer who engages in an act prohibited by this
Code through a nominee, trustee, or other agent shall be deemed to have
committed a breach of this Code.
18.
(1)
In its application to public officers Parliament may exempt
a cadre of public officers from a provision of this Code where it appears
that their position in the public service does not demand its application.
(2) A public officer shall not be in a position where the
personal interest of the public officer conflicts with the duties and
responsibilities of office, or compromise the honesty, impartiality and
integrity of the office and the officer.

(19) A public officer may not abuse office to solicit contributions

from the public.

SIXTH SCHEDULE
ACTIONS TO BE TAKEN BY PARLIAMENT
First Column
Legislation to govern/provide
for/regulate/prescribe
Right of access to information
Entry and residence into Kenya of
persons other than those set out in
Article 26(1) and the status of
permanent residents
Refugees and asylum seekers
Bring the Law of Kenya into conformity
with the Constitution
Land tenure
One-third Rule of representation for
women in each House of Parliament
Defence of the Constitution
Status and government of Nairobi
Citizenship by naturalization
Conditions for entry and residence in
Kenya
Various issues regarding citizenship
Realization of the rights to social
security, health, education, housing,
food, water and sanitation and standards
for their achievement
Role of civil society in the promotion
and protection of the rights and
freedoms in the Bill of Rights
Disadvantaged individuals or groups
The rights of the child as set out in
international instruments and standards
Recognition of marriage
Persons with disability
Allocation of air time to political parties,
regulation of freedom to broadcast and
censorship matters
Consumer protection and fair
advertising
Consumer rights and consultation of

Second Column Third Column

Article
Time limit within
which action shall
be taken.
47(4)
Six months
26(2)
One year

52(3)
5(2)

One year
Two years

235(4)
109(2)

Two years
Three years

4
8(2)
21

No time limit
No time limit
No time limit

26(1)

No time limit

27
30(3)

No time limit
No time limit

30(4)

No time limit

34(3)
37(8)

No time limit
No time limit

38(5)
39(2)
46(6)

No time limit
No time limit
No time limit

64(4)
64(5)

No time limit

consumers and consumer organizations

Rights to fair administrative action
Restricting prisoners right to vote
Original jurisdiction for lower courts to
uphold and enforce the Bill of Rights
Electoral and referendum processes
Political Parties
Matters to be contained in the Register
of Political Parties
Method of determination of Proportional
Representation seats
Procedure for the recall of a Member of
Parliament
Establishment of a Public Registry and
custody of the Laws of Kenya and
additional procedures for the coming
into force of operation and publication
of the Kenyan laws.
Powers, privileges and immunities of
Parliament, its committees and members
Appellate jurisdiction of the Supreme
Court
Jurisdiction of the High Court
Establishment of subordinate courts,
their jurisdiction and functions
Grounds for removal from office of
Magistrate or Kadhi
Management of the Public Defenders
Office and legal aid
Management of Nairobi
Collection of revenue by the National
Government
Taxes and levies by District
Governments
Criteria for conditional grants to the
Devolved Councils
Distribution of revenue to the Districts
Functions of the District Government
Structure, powers and functions of
Devolved Authorities and their
relationship with the National
Government
Cut-off date for review and assessment
of claims to unjust expropriation of land
Organization and powers of National

65(3)
70(2)(m)
74(2)

No time limit
No time limit
No time limit

77(1)
87(4)
89(2)

No time limit
No time limit
No time limit

107(7)

No time limit

112(6)

No time limit

131(1)

No time limit

145

No time limit

188(1)(b)

No time limit

193(b)
198(1)

No time limit
No time limit

206

No time limit

210(6)

No time limit

222(1)
224(1)

No time limit
No time limit

224(2)

No time limit

225(3)(ii)

No time limit

226(3)
227(7)
230(1)

No time limit
No time limit
No time limit

235(4)(b)(ii)
237(3)

No time limit

Land Commission
Environment and natural resources
Salaries and allowances to be charged
on the Consolidated Fund
Governments power to borrow or lend
Functions of the Economic and Social
Commission and its reporting systems
Discharge of duties by the Public
Service Commission
The Kenya Correctional Services
Effecting objectives of leadership and
integrity provisions
Terms and conditions for availing
declarations made in accordance with
the Leadership Code, by the Ethics and
Integrity Commission
Staff of the Ethics and Integrity
Commission
Functions of the Ethics and integrity
Commission

242
247

No time limit
No time limit

249
257

No time limit
No time limit

260

No time limit

271(2)
277

No time limit
No time limit

289

No time limit

289

No time limit

289

No time limit

SEVENTH SCHEDULE
POWERS OF NATIONAL AND DISTRICT GOVERNMENTS

List I
National Government List
1.

National defence and security

2.

International relations

3.

International trade

4.

Telecommunication

5.

National resources

6.

National elections

7.

Formulation of National Policy

8.

Development Planning

9.

Currency

10.

Courts

11.

Prisons

12.

Citizenship

13.

Immigration

14.

National Public Service

15.

Control and management of disasters and epidemics

16.

National survey and mapping

17.

Statistics

18.

Central Bank
Banking including incorporation, regulation of banking,
insurance and financial corporations

19.

Patents, inventions, designs, trademarks, copyrights

20.

Standard weights and measures

21.

Administration and management of research and institutions of

national importance

22.

Ancient and historical monuments of national importance

List II
District Government List
1.

Implementation of development plans

2.

Local Taxes
a. Education services
i. Nursery
ii. Primary and
iii. Secondary education
b. Medical and health services health centers, dispensaries,
clinics, promotion of primary health care
c. Water services provision and maintenance of water
supplies in liaison with the Ministry responsible
d. Road services construction, rehabilitation and
maintenance
e. Markets and trading centres

2.

Provision of other services and activities as follows:

a. District planning
b. District statistical services
c. District project identification

d. Agricultural services
e. Land administration
f. Land surveying
g. Physical planning
h. Trade development services
i. Trade licenses
j. Co-operative development
k. Social rehabilitation
l. Labour matters
m. Crop, animal and fisheries husbandry extension
n. Human resources management and development
o. Probation and welfare
p. Community development
q. Cultural affairs
r. District information services
3. Regulate, control, manage, administer, promote and licence any
of the services, which the District is empowered or required to do
4.

Establish, maintain, control, manage, administer and prescribe

fees or charges to be levied in respect of services provided

5.

Aid and support the establishment and maintenance of schools,

clinics, etc and provide assistance to the youth, women, and
persons with disabilities

6.

Identification, administration and management of resources

within the district

7.

Safety and security

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9.

a.

District police services

b.

District civil servants -Appointment, recruitment and

disciplinary measures

Provide and manage:a. Markets and trading centers

b. Recreational (public parks) and sporting facilities
c. Social welfare programmes
d. Public vehicle parking
e. Lighting in streets and other public places
f. Fire brigade and ambulance services
g. Cemeteries and mortuaries
h. Refuse disposal

10.

Enforcement of:a.
b.
c.

Standards and maintenance of buildings

Maintenance of water supplies, rivers and dams
Proper methods of waste disposal

11.

Supervision and encouragement of local trade

12.

Rights over property belonging to the District

13.

District survey and mapping

14.

District statistics

15.

Assist Central government in the preservation of the

environment, protection of forests, and wetlands

16.

Upon delegation by the Central government, identification and

preservation of ancient and historical sites

List III
Concurrent List
1. Revenue
a. Taxes levied and by Central government and assigned to
Districts
b. Duties levied by Central government but collected and
appropriated by District government
c. Taxes levied and collected by the District government but
distributed between the District and Central government
2. Maintenance of public security and order
3. Provision and maintenance of public services and amenities
4. Natural resources utilization and revenue generated
5. Preservation of environment, forests, wetlands etc
6. Vital statistics (deaths and births)
7. Ports other than those declared by law to be major/national ports
8. Trade and commerce

EIGHTH SCHEDULE
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Rights, duties and obligations of the Republic
1.
All rights and all duties or obligations, however arising, of the
Government of the Republic of Kenya and subsisting immediately
before the commencement of this Constitution shall be rights, duties and
obligations of the Government of the Republic of Kenya under the
Constitution.
Existing Laws
2.
All laws in force immediately before the entry into force of this
Constitution, shall continue to be in force subject to such modifications
as are necessary to bring them into conformity with this Constitution.
Elections
3.

(1)
In the event that the first elections subsequent to the
1997 elections are held after the coming into force of this
Constitution, such elections shall be held within sixty days
of the coming into force of this Constitution.
(2)
Until the Electoral Commission contemplated by
this Constitution is established, the first elections under
this Constitution shall be conducted by the Electoral
Commission in existence immediately before the entry
into force of this Constitution.
(3)
Except as provided in clause (1), the Electoral
Commission in existence immediately before the entry
into force of this Constitution shall be dissolved on the
ninetieth day following the conclusion of the first elections
under this Constitution.
(4)
A person, who before the entry into force of this
Constitution has held office for two or more terms as
President, is not eligible to(a)

stand for election or serve as President;

Vice-President or Prime Minister; or

(b)

be elected to serve as Deputy Prime

Minister, Minister, Deputy Minister or
member of Parliament.

(5)
Subject to clause (4), any person who would
otherwise have been qualified to stand for election but for
the provisions of this Constitution, is eligible to stand as a
candidate in the first elections held under this Constitution.
(6)
The National Assembly and the National Council
shall convene within twenty-one days of the conclusion of
the first elections under this Constitution.
Political Parties
4.

(1)
A political party in existence immediately before the
coming into force of this Constitution, shall, within twelve
months of the date of the appointment of the members of the
Electoral Commission under this Constitution, comply with the
requirements of registration as a political party.
(2) Where upon the expiry of the period of twelve months, a
political party has not complied with the requirements of clause
(1), the political party shall forthwith cease to exist and any
person holding an elective position on the basis of the
sponsorship of that party shall continue to hold such position but
shall be deemed to be an independent member.

Devolution
5.

(1)
Upon entry into force of this Constitution all assets held
by the National Government by virtue of the Constitution then in
force situated in the provinces, districts, divisions and locations,
shall become public property.
(2)

Until such time as District Councils and Provincial

Councils are constituted(a)

the functions of those Councils shall be

performed by the National Government.

(b)

all the assets held by local authorities

immediately before the entry into force of
this Constitution shall become public
property and shall be held by the National

Government on behalf of the appropriate

Councils pending their establishment.
(3)
Property and assets referred to in clauses (1) and (2)
shall not be transferred or otherwise disposed of without
the written authority of the National Government and any
transfer without such authority shall be void and the
property or assets in question shall revert to the relevant
authority.
The Executive
6.
Within sixty days after the appointment of the Ethics and
Integrity Commission, the President, Vice-President, Prime Minister,
Deputy Prime Ministers, Ministers, Deputy Minister and members of
Parliament shall be required to comply with the provisions of the
Leadership and Integrity Code.
Provincial Administration
7.

(1)
On the coming into force of this Constitution the system
of administration comprising Sub-Chiefs, Chiefs, District
Officers, District Commissioners and Provincial Commissioners
commonly known as the Provincial Administration shall stand
dissolved.
(2) All public officers serving under the Provincial
Administration shall report to the Public Service Commission for
re-deployment.

Existing offices
8.

(1)
A person who immediately before the coming into force of
this Constitution holds or is acting in an office established by the
Constitution then in force, shall continue to hold or act in an
interim capacity until an appointment or reappointment is made
under this Constitution.
(2) A person who immediately before the coming into force of
this Constitution holds or is acting in a public office established
by any written law, shall, so far as is consistent with this
Constitution, be deemed to have been appointed to that position
on the date of entry into force of this Constitution.

(3) The provisions of this Article shall not affect the powers
conferred on any person or authority under this Constitution to
abolish offices or remove persons from those offices.
(4) The process of appointment of persons to fill vacancies
arising in consequence of the coming into force of this
Constitution shall not begin until after the elections of the
President, the National Assembly and the National Council are
held and a new Government is constituted.
(5) Subject to Article 10(11), where a person has vacated an
office which the person held before the coming into effect of this
Constitution and that office is retained or established by or under
the Constitution then the person may, if qualified, again be
appointed, elected, or otherwise selected to hold that office in
accordance with the provisions of this Constitution.
Pensions, gratuities and other benefits
9.
The law applicable to pension, gratuities or other personal
emoluments in respect of holders of constitutional offices shall be the
law that was in force at the date on which those benefits were granted,
so long as such law is not inconsistent with the provisions of this
Constitution.
The Judiciary
10.
(1)
Subject to the provisions of this section, a judge of the
High Court, or a Judge of the Court of Appeal or any judicial
officer who held office immediately before the entry into force of
this Constitution shall continue to hold office as if appointed to
such office under this Constitution
(2) The Judges of the superior Courts of record, the Kadhis and
magistrates of the subordinate courts, may retire on attaining the
age of sixty and shall retire on attaining the age of sixty-five
years.
(3)
A Judge who, on the coming into force of the Constitution
has attained the age of fifty-five years may retire and is entitled on
retirement to
(a)
the benefits that person would have been entitled to
at the date of the retirement, and

(b)
be deemed to have served for an additional period
of five years, for the purposes of the computation of that
persons pension.
(4)
The option provided for in clause (3) shall be exercised
within thirty days of the coming into force of this Constitution.
(5)
The Interim Judicial Service Commission shall receive and
consider all formal complaints then pending before the AntiCorruption Police Unit, the Advocates Complaints Commission,
the Disciplinary Committee of the Law Society of Kenya, or the
Attorney General, against a person referred to in clause (2).
(6)
Where, upon consideration of a complaint under clause
(5), the interim Judicial Service Commission finds that the
complaint has or may have merit, the Commission shall require
the person concerned to proceed on paid leave pending the final
determination of the complaint through the mechanisms
established by this Constitution.
(7)
Where a Judge fails to exercise the option provided for
under clause (3) and is not affected by the operation of clauses
(5) and (6), that person shall within thirty days from the date of
the appointment of the Ethics and Integrity Commission, file with
the Commission the documents and evidence required under the
Leadership and Integrity Code of Conduct.
(8)
Where, after the receipt of the documents and evidence
specified in clause (7) the Ethics and Integrity Commission is not
satisfied with the information supplied by that person, it shall
notify the Judicial Service Commission of that finding.
(9)
The Judicial Service Commission shall in writing inform a
person referred to in clause (1) of the finding of the Ethics and
Integrity Commission under clause (7) and the person shall, from
the date of the letter, be deemed to have vacated office without
loss of accumulated benefits.
(10) A person referred to in clause (2) is not entitled to the
benefits of office unless that person has completed the
performance of the functions of office and has accounted for the
funds and property of the Judiciary for which that person is
responsible.
(11) A Judge who vacates office under clause (9) is not
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(12) The vacancies created by the operation of this

Article shall be filled in the manner provided for under
this Constitution.
The Kadhis Courts
11(1) Article 10(3) and (4) shall apply, with necessary
modification, to the Chief Kadhi.
(2)
Article 10(1) applies to any person holding the
office of Kadhi as it applies to holders of other judicial
offices.
(3)
The Kadhis Courts in operation on the coming into
force of the Constitution and that were established under
the Kadhis Courts Act, shall be deemed to be the District
Kadhis Court and shall exercise the powers and
jurisdiction granted to District Kadhis Courts under the
Constitution.
Judicial Proceedings And Pending Matters
12.(1) Unless otherwise provided under this Constitution,
all judicial proceedings pending before any court shall
continue to be heard and shall be determined by the same
or a corresponding court established under this
Constitution.
(2)
Unless otherwise provided under this Constitution,
any matter or proceeding that, immediately before the
entry into force of this Constitution, is pending before an
existing constitutional Commission, office or authority
shall be continued before the same or corresponding
Commission, office or authority established under this
Constitution.
Death Penalty And Other Outlawed Penalties
13.(1) Every sentence of death passed by any court before
the entry into force of this Constitution and which is no
longer the subject of an appeal shall, on the coming into
force of this Constitution be commuted to a sentence of
life imprisonment.

(2) The commutation of sentence under clause (1) does not

affect the exercise of any power of clemency or other reprieve
or remission provided for by law.
(3)
Every sentence of corporal punishment passed before
the coming into force of this Constitution is remitted and shall
not be carried out.
Constitutional Commissions
14(1) The Ethics and Integrity Commission shall be constituted
within thirty days of the first sitting of the National Assembly
elected under this Constitution.
(2)
Within thirty days of the constitution of the Ethics and
Integrity Commission the following commissions shall be
appointed in the following order of priority:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

the Constitution Commission;

the Judicial Service Commission;
the Public Service Commission;
the Commission on Human Rights and
Administrative Justice;
the Electoral Commission;
the Salaries and Remuneration Commission;
the National Land Commission;
the Teachers Service Commission; and
the National Environmental Management
Commission

Establishment of Interim Judicial Service Commission

15.(1) There shall be an Interim Judicial Service Commission
consisting of the following(c)
(d)
(e)

the chairperson elected by members of the Commission;

the Attorney-General;
two advocates of fifteen years of practice, one of whom
must be a woman, nominated by the Law Society of
Kenya;
(f) two law teachers, one of whom must be a
woman ,nominated jointly by the faculties of
law of public universities;
(g) a member nominated by the Council of Legal
Ed ti

(h)
(i)
(j)

the chairperson of the Public Service

Commission or a nominee of the chairperson,
a Muslim woman to represent the Muslim
community nominated by national muslim
organizations; and
three members with experience in public affairs,
one of whom is a woman, nominated by the
national organization of Non-Governmental
Organisations.

(2) Upon entry into force of this Constitution, the

Attorney General shall invite the organizations listed
under clause (1) to nominate representatives to the
Interim Judicial Service Commission.
(3) The Attorney General, shall on receipt of the names
referred to in clause (1) summon the first meeting at
which the members of the Interim Judicial Service
Commission shall elect the chairperson.
(4) Until such time as the Judicial Service Commission
is properly constituted, the Interim Judicial Service
Commission shall exercise all powers of the Commission
under this Constitution.
(5) For the avoidance of doubt, the Interim Judicial
Service Commission shall be deemed to be properly
constituted notwithstanding any vacancy in its
membership.
(6) The process of appointment of the Judges of the
Supreme Court shall commence and be finalized within
forty-five days of the appointment of the Interim Judicial
Service Commission.
(7) The Interim Judicial Service Commission shall
stand dissolved upon the appointment of all members of
the Commission in accordance with this Constitution.
Past Human Rights Abuses
16.
The Commission on Human Rights and
Administrative Justice shall, within six months of the
coming into force of this Constitution, on the petition of
any person or on its own motion-

(a)

investigate all forms of human rights abuses by any

person or group, before the coming into operation
of this Constitution;

(b)

investigate the causes of civil strife, including

massacres, ethnic clashes and identify those
responsible;

(c)

make appropriate recommendations regarding:

(i)
the prosecution of those responsible;
(ii)
the award of compensation to victims;
(iii) reconciliation; and
(iv) reparation.

(d)

Present to Parliament a comprehensive report on (c)

above within 24 months of the coming into force of
the Constitution.

Ownership Of Land
17

(1)
Upon entry into force of this Constitution
any interest in land larger than a ninety-nine year
lease by whoever granted held by a non-citizen,
shall be converted to ninety-nine year lease unless
otherwise revoked..
(2)
Until communities are identified and their
title is registered, community land shall be held by
the National Land Commission on behalf of the
communities.