World Intellectual Property Organization

Kenya

The Constitution of Kenya

 

 


Published by the National Council for Law Reportingwith the Authority of the Attorney General

THE CONSTITUTION OF KENYA

ARRANGEMENT OF ARTICLES

PREAMBLE

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

1—Sovereignty of the people.
2—Supremacy of this Constitution.
3—Defence of this Constitution.

CHAPTER TWO—THE REPUBLIC

4—Declaration of the Republic.
5—Territory of Kenya.
6—Devolution and access to services.

7—National, official and other languages.

8—State and religion.
9—National symbols and national days.
10—National values and principles of governance.
11—Culture.

CHAPTER THREE—CITIZENSHIP

12—Entitlements of citizens.
13—Retention and acquisition of citizenship.
14—Citizenship by birth.
15—Citizenship by registration.
16—Dual citizenship.
17—Revocation of citizenship.
18—Legislation on citizenship.

CHAPTER FOUR—THE BILL OF RIGHTS

Part 1—General Provisions relatinG to the Bill of riGhts

19—Rights and fundamental freedoms.
20—Application of Bill of Rights.
21—Implementation of rights and fundamental freedoms.
22—Enforcement of Bill of Rights.
23—Authority of courts to uphold and enforce the Bill of

Rights.24—Limitation of rights or fundamental freedoms.25—Fundamental Rights and freedoms that may not be limited.

Part 2—riGhts and fundamental freedoms

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

Part 3—sPecific aPPlication of riGhts

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

Part 4—state of emerGency

58—State of emergency.

Part 5—Kenya national human riGhts and equality commission

59—Kenya National Human Rights and Equality Commission.

CHAPTER FIVE—LAND AND ENVIRONMENT

Part 1—land

60—Principles of land policy.

61—Classification of land.

62—Public land.
63—Community land.
64—Private land.
65—Landholding by non-citizens.
66—Regulation of land use and property.
67—National Land Commission.
68—Legislation on land.

Part 2— environment and natural resources

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

CHAPTER SIXLEADERSHIP AND INTEGRITY

73—Responsibilities of leadership.

74—Oath of office of State officers.
75—Conduct of State officers.
76—Financial probity of State officers.
77—Restriction on activities of State officers.

78—Citizenship and leadership.79—Legislation to establish the ethics and anti-corruptioncommission. 80—Legislation on leadership.

CHAPTER SEVENREPRESENTATION OF THE PEOPLE

Part 1—electoral system and Process

81—General principles for the electoral system.
82—Legislation on elections.
83—Registration as a voter.
84—Candidates for election and political parties to comply with

code of conduct.

85—Eligibility to stand as an independent candidate.
86—Voting.
87—Electoral disputes.

Part 2—indePendent electoral and Boundaries commission and delimitation of electoral units

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

Part 3—Political Parties

91—Basic requirements for political parties.
92—Legislation on political parties.

CHAPTER EIGHT—THE LEGISLATURE

Part 1—estaBlishment and role of Parliament

93—Establishment of Parliament.
94—Role of Parliament.
95—Role of the National Assembly.
96—Role of the Senate.

Part 2—comPosition and memBershiP of Parliament

97—Membership of the National Assembly.
98—Membership of the Senate.

99—Qualifications and disqualifications for election as member

of Parliament.
100—Promotion of representation of marginalised groups.
101—Election of members of Parliament.
102—Term of Parliament.

103—Vacation of office of member of Parliament.

104—Right of recall.
105—Determination of questions of membership.

Part 3—offices of Parliament

106—Speakers and Deputy Speakers of Parliament.
107—Presiding in Parliament.
108—Party leaders.

Part 4—Procedures for enactinG leGislation

109—Exercise of legislative powers.
110—Bills concerning county government.
111—Special Bills concerning county governments.
112—Ordinary Bills concerning county governments.
113—Mediation committees.
114—Money Bills.
115—Presidential assent and referral.
116—Coming into force of laws.

Part 5—Parliaments General Procedures and rules

117—Powers, privileges and immunities.
118—Public access and participation.
119—Right to petition Parliament.

120—Official languages of Parliament.

121—Quorum.
122—Voting in Parliament.
123—Decisions of Senate.
124—Committees and Standing Orders.
125—Power to call for evidence.

Part 6—miscellaneous

126—Location of sittings of Parliament.
127—Parliamentary Service Commission.
128—Clerks and staff of Parliament.

CHAPTER NINE—THE EXECUTIVE

Part 1—PrinciPles and structure of the national executive

129—Principles of executive authority.
130—The National Executive.

Part 2—the President and dePuty President

131—Authority of the President.
132—Functions of the President.
133—Power of mercy.
134—Exercise of presidential powers during temporary

incumbency.135—Decisions of the President. 136—Election of the President. 137—Qualifications and disqualifications for election as

President.
138—Procedure at presidential election.

139—Death before assuming office.

140—Questions as to validity of presidential election.

141—Assumption of office of President.
142—Term of office of President.

143—Protection from legal proceedings.
144—Removal of President on grounds of incapacity.
145—Removal of President by impeachment.

146—Vacancy in the office of President.

147—Functions of the Deputy President.
148—Election and swearing-in of Deputy President.

149—Vacancy in the office of Deputy President.

150—Removal of Deputy President.151—Remuneration and benefits of President and DeputyPresident.

Part 3—the caBinet

152—Cabinet.
153—Decisions, responsibility and accountability of the

Cabinet. 153—Secretary to the Cabinet.155—Principal Secretaries.

Part 4—other offices

156—Attorney-General.
157—Director of Public Prosecutions.
158—Removal and resignation of Director of Public

Prosecutions.

CHAPTER TEN—JUDICIARY

Part 1—Judicial authority and leGal system

159—Judicial authority. 160—Independence of the Judiciary.

161—Judicial offices and officers.

162—System of courts.

Part 2—suPerior courts

163—Supreme Court.
164—Court of Appeal.
165—High Court.
166—Appointment of Chief Justice, Deputy Chief Justice and

other judges.

167—Tenure of office of the Chief Justice and other judges.168—Removal from office.

Part 3—suBordinate courts

169—Subordinate courts. 170—Kadhis’ Courts.

Part 4—Judicial service commission

171—Establishment of the Judicial Service Commission. 172—Functions of the Judicial Service Commission. 173—Judiciary Fund.

CHAPTER ELEVEN—DEVOLVED GOVERNMENT

Part 1—oBJects and PrinciPles of devolved Government

174—Objects of devolution.175—Principles of devolved government.

Part 2—county Governments

176—County governments.
177—Membership of county assembly.
178—Speaker of a county assembly.
179—County executive committees.
180—Election of county governor and deputy county governor.
181—Removal of a county government.

182—Vacancy in the office of county governor.

183—Functions of county executive committees.
184—Urban areas and cities.
185—Legislative authority of county assemblies.

Part 3—functions and Powers of county Governments

186—Respective functions and powers of national and county governments.187—Transfer of functions and powers between levels ofgovernment.

Part 4—the Boundaries of counties

188—Boundaries of counties.

Part 5—relationshiPs Between Governments

189—Cooperation between national and county governments.190—Support for county governments.

191—Conflict of laws.

Part 6—susPension of county Governments

192—Suspension of county government.

Part 7—General

193—Qualifications for election as member of countyassembly.

194—Vacation of office of member of county assembly.

195—County assembly power to summon witnesses.196—Public participation and county assembly powers, privilegesand immunities. 197—County assembly gender balance and diversity.

198—County government during transition.199—Publication of county legislation.200— Legislation on Chapter.

CHAPTER TWELVE—PUBLIC FINANCE

Part i—PrinciPles and frameworK of PuBlic finance

201—Principles of public finance.

202—Equitable sharing of national revenue.

203—Equitable share and other financial laws.

204—Equalisation Fund.

205—Consultation on financial legislation affecting counties.

Part 2—other PuBlic funds

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

Part 3—revenue-raisinG Powers and the PuBlic deBt

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

Part 4—revenue allocation

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

Part 5—BudGets and sPendinG

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

Part 6—control of PuBlic money

225—Financial control.
226—Accounts and audit of public entities.
227—Procurement of public goods and services.

Part 7— financial officers and institutions

228—Controller of Budget.
229—Auditor-General.
230—Salaries and Remuneration Commission.
231—Central Bank of Kenya.

CHAPTER THIRTEEN—THE PUBLIC SERVICE

Part 1—values and PrinciPles of PuBlic service

232—Values and principles of public service.

Part 2—the PuBlic service commission

233—The Public Service Commission.
234—Functions and powers of the Public Service Commission.

235—Staffing of county governments.236—Protection of public officers.

Part 3—teachers service commission

237—Teachers Service Commission.

CHAPTER FOURTEEN—NATIONAL SECURITY

Part 1—national security orGans

238—Principles of national security.
239—National security organs.
240—Establishment of the National Security Council.

Part 2—the Kenya defence forces

241—Establishment of Defence Forces and Defence Council.

Part 3—the national intelliGence service

242—Establishment of National Intelligence Service.

Part 4—the national Police service

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

CHAPTER FIFTEEN—COMMISSIONS AND
INDEPENDENT OFFICES

248—Application of Chapter.
249—Objects, authority and funding of commissions and

independent offices.250—Composition, appointment and terms of office.251—Removal from office.

252—General functions and powers.

253—Incorporation of commissions and independent offices.254—Reporting by commissions and independent offices.

CHAPTER SIXTEEN—AMENDMENT OF THIS
CONSTITUTION

255—Amendment of this Constitution. 256—Amendment by parliamentary initiative.257—Amendment by popular initiative.

CHAPTER SEVENTEEN—GENERAL PROVISIONS

258—Enforcement of this Constitution. 259—Construing this Constitution.260—Interpretation.

CHAPTER EIGHTEEN—TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS

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

SCHEDULES

First Schedule Counties Second Schedule National symbolsThird Schedule National Oaths and affirmations Fourth Schedule Distribution of functions between National

and the county governmentsFifth Schedule Legislation to be enacted by ParliamentSixth Schedule Transitional and consequential provisions

PREAMBLE

We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of all creation:

HONOURING those who heroically struggled to bring freedom and justice to our land:

PROUD of our ethnic, cultural and religious diversity, anddetermined to live in peace and unity as one indivisible sovereignnation:

RESPECTFUL of the environment, which is our heritage, and

determined to sustain it for the benefit of future generations:

COMMITTED to nurturing and protecting the well-being of theindividual, the family, communities and the nation:

RECOGNISING the aspirations of all Kenyans for a governmentbased on the essential values of human rights, equality, 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 participated fully in the making of this Constitution:

ADOPT, ENACT and give this Constitution to ourselves and to our future generations.

GOD BLESS KENYA

THE CONSTITUTION OF KENYA

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

1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.

(2)
The people may exercise their sovereign power either directlyor through their democratically elected representatives.
(3)
Sovereign power under this Constitution is delegated tothe following State organs, which shall perform their functions inaccordance with this Constitution––
(a)
Parliament and the legislative assemblies in the countygovernments;
(b)
the national executive and the executive structures in the
county governments; and
(c)
the Judiciary and independent tribunals.
(4)
The sovereign power of the people is exercised at––
(a)
the national level; and
(b)
the county level.

2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

(2)
No person may claim or exercise State authority except as authorised under this Constitution.
(3)
The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
(4)
Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
(5)
The general rules of international law shall form part of the law of Kenya.

Sovereignty of thepeople.

Supremacy of thisConstitution.

Defence of this Constitution.

Declaration of the Republic.

Territory of Kenya.

Devolution and access to services.

National, official and

other languages.

(6) Any treaty or convention ratified by Kenya shall form part of

the law of Kenya under this Constitution.

3. (1) Every person has an obligation to respect, uphold anddefend this Constitution.

(2) Any attempt to establish a government otherwise than incompliance with this Constitution is unlawful.

CHAPTER TWO––THE REPUBLIC

4. (1) Kenya is a sovereign Republic.

(2) The Republic of Kenya shall be a multi-party democratic Statefounded on the national values and principles of governance referred to in Article 10.

5. Kenya consists of the territory and territorial waters comprisingKenya on the effective date, and any additional territory and territorial

waters as defined by an Act of Parliament.

6. (1) The territory of Kenya is divided into the counties specified

in the First Schedule.

(2)
The governments at the national and county levels are distinctand inter-dependent and shall conduct their mutual relations on the basisof consultation and cooperation.
(3)
A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

7. (1) The national language of the Republic is Kiswahili.

(2) The official languages of the Republic are Kiswahili and

English.

(3)
The State shall––
(a)
promote and protect the diversity of language of the people
of Kenya; and
(b)
promote the development and use of indigenous languages,
Kenyan Sign language, Braille and other communication
formats and technologies accessible to persons with
disabilities.
  1. There shall be no State religion.
  2. (1) The national symbols of the Republic are––

(a) the national flag;

(b)
the national anthem;
(c)
the coat of arms; and
(d)
the public seal.
(2)
The national symbols are as set out in the Second Schedule.
(3)
The national days are––
(a)
Madaraka Day, to be observed on 1st June;
(b)
Mashujaa Day, to be observed on 20th October; and
(c)
Jamhuri Day, to be observed on 12th December.
(4)
A national day shall be a public holiday.
(5)
Parliament may enact legislation prescribing other publicholidays, and providing for observance of public holidays.

10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all personswhenever any of them––

(a)
applies or interprets this Constitution;
(b)
enacts, applies or interprets any law; or
(c)
makes or implements public policy decisions.
(2)
The national values and principles of governance include––
(a)
patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
(b)
human dignity, equity, social justice, inclusiveness, equality,
human rights, non-discrimination and protection of the
marginalised;
(c)
good governance, integrity, transparency and accountability;
and

State and religion.

National symbols andnational days.

National values and principles of governance.

Culture.

Entitlements of citizens.

Retention and acquisition ofcitizenship.

(d) sustainable development.

11. (1) This Constitution recognises culture as the foundationof the nation and as the cumulative civilization of the Kenyan people and nation.

(2)
The State shall—
(a)
promote all forms of national and cultural expression
through literature, the arts, traditional celebrations, science,
communication, information, mass media, publications,
libraries and other cultural heritage;
(b)
recognise the role of science and indigenous technologies
in the development of the nation; and
(c)
promote the intellectual property rights of the people of
Kenya.
(3)
Parliament shall enact legislation to—
(a)
ensure that communities receive compensation or royalties
for the use of their cultures and cultural heritage; and
(b)
recognise and protect the ownership of indigenous seeds
and plant varieties, their genetic and diverse characteristics
and their use by the communities of Kenya.
CHAPTER THREE––CITIZENSHIP

12. (1) Every citizen is entitled to––

(a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and

(b) a Kenyan passport and any document of registration or

identification issued by the State to citizens.

(2) A passport or other document referred to in clause (1) (b) maybe denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria mentioned in Article 24.

13. (1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.

(2)
Citizenship may be acquired by birth or registration.
(3)
Citizenship is not lost through marriage or the dissolution of marriage.

14. (1) A person is a citizen by birth if on the day of the person’s

Citizenship by birth.

birth, whether or not the person is born in Kenya, either the mother orfather of the person is a citizen.

(2)
Clause (1) applies equally to a person born before the effectivedate, whether or not the person was born in Kenya, if either the motheror father of the person is or was a citizen.
(3)
Parliament may enact legislation limiting the effect of clauses
(1)
and (2) on the descendents of Kenyan citizens who are born outside Kenya.
(4)
A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.
(5)
A person who is a Kenyan citizen by birth and who, on the effective date, has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

15. (1) A person who has been married to a citizen for a period Citizenship byof at least seven years is entitled on application to be registered as a registration.citizen.

(2) A person who has been lawfully resident in Kenya for a

continuous period of at least seven years, and who satisfies the conditions

prescribed by an Act of Parliament, may apply to be registered as a citizen.

(3)
A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen.
(4)
Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.

(5) This Article applies to a person as from the effective date, but any requirements that must be satisfied before the person is entitled to be registered as a citizen shall be regarded as having been satisfied irrespective of whether the person satisfied them before or after the effective date, or partially before, and partially after, the effectivedate.

Dual citizenship.

Revocation of citizenship.

Legislation oncitizenship.

  1. A citizen by birth does not lose citizenship by acquiring the citizenship of another country.
    1. (1) If a person acquired citizenship by registration, thecitizenship may be revoked if the person––
      1. acquired the citizenship by fraud, false representation or concealment of any material fact;
      2. has, during any war in which Kenya was engaged, unlawfullytraded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war;
      3. has, within five years after registration, been convicted of an offence and sentenced to imprisonment for a term of threeyears or longer; or
      4. has, at any time after registration, been convicted of treason,or of an offence for which––
      5. a penalty of at least seven years imprisonment may be imposed; or
      6. a more severe penalty may be imposed.

(2) The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14 (4), may be revoked if––

(a)
the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;
(b)
the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or
(c)
the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya.

18. Parliament shall enact legislation—

(a)
prescribing procedures by which a person may become a citizen;
(b)
governing entry into and residence in Kenya;
(c)
providing for the status of permanent residents;
(d)
providing for voluntary renunciation of citizenship;
(e)
prescribing procedures for revocation of citizenship;
(f)
prescribing the duties and rights of citizens; and
(g)
generally giving effect to the provisions of this Chapter.
CHAPTER FOUR––THE BILL OF RIGHTS

Part 1—General Provisions relatinG to the Bill of riGhts

19. (1) The Bill of Rights is an integral part of Kenya’s democraticstate and is the framework for social, economic and cultural policies.

(2)
The purpose of recognising and protecting human rights andfundamental freedoms is to preserve the dignity of individuals andcommunities and to promote social justice and the realisation of the potential of all human beings.
(3)
The rights and fundamental freedoms in the Bill ofRights—
(a)
belong to each individual and are not granted by the
State;
(b)
do not exclude other rights and fundamental freedoms not
in the Bill of Rights, but recognised or conferred by law,
except to the extent that they are inconsistent with this
Chapter; and
(c)
are subject only to the limitations contemplated in thisConstitution.

20. (1) The Bill of Rights applies to all law and binds all State organs and all persons.

(2)
Every person shall enjoy the rights and fundamental freedomsin the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
(3)
In applying a provision of the Bill of Rights, a court shall—
(a)
develop the law to the extent that it does not give effect to
a right or fundamental freedom; and

Rights andfundamental freedoms.

Application of Bill ofRights.

Implementationof rights andfundamental freedoms.

(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.

(4)
In interpreting the Bill of Rights, a court, tribunal or other authority shall promote––
(a)
the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and
(b)
the spirit, purport and objects of the Bill of Rights.
(5)
In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles––
(a)
it is the responsibility of the State to show that the resourcesare not available;
(b)
in allocating resources, the State shall give priority to ensuringthe widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, includingthe vulnerability of particular groups or individuals; and
(c)
the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation ofavailable resources, solely on the basis that it would have reached a different conclusion.

21. (1) It is a fundamental duty of the State and every State organ to

observe, respect, protect, promote and fulfil the rights and fundamental

freedoms in the Bill of Rights.

(2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisationof the rights guaranteed under Article 43.

(3) All State organs and all public officers have the duty to addressthe needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, membersof minority or marginalised communities, and members of particular ethnic, religious or cultural communities.

(4) The State shall enact and implement legislation to fulfil its

international obligations in respect of human rights and fundamental freedoms.

22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

(2)
In addition to a person acting in their own interest, courtproceedings under clause (1) may be instituted by––
(a)
a person acting on behalf of another person who cannot act
in their own name;
(b)
a person acting as a member of, or in the interest of, a group
or class of persons;
(c)
a person acting in the public interest; or
(d)
an association acting in the interest of one or more of its
members.
(3)
The Chief Justice shall make rules providing for the courtproceedings referred to in this Article, which shall satisfy the criteria that––
(a)
the rights of standing provided for in clause (2) are fully
facilitated;
(b)
formalities relating to the proceedings, including
commencement of the proceedings, are kept to the minimum,
and in particular that the court shall, if necessary, entertain
proceedings on the basis of informal documentation;
(c)
no fee may be charged for commencing the proceedings;
(d)
the court, while observing the rules of natural justice, shall
not be unreasonably restricted by procedural technicalities;
and
(e)
an organisation or individual with particular expertise may,
with the leave of the court, appear as a friend of the court.
(4)
The absence of rules contemplated in clause (3) does notlimit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court.

23. (1) The High Court has jurisdiction, in accordance with Article165, to hear and determine applications for redress of a denial, violationor infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

Enforcement of Bill of Rights.

Authority of courts touphold and enforcethe Bill of Rights.

Limitation of rightsand fundamental freedoms.

(2)
Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determineapplications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(3)
In any proceedings brought under Article 22, a court may grant appropriate relief, including––
(a)
a declaration of rights;
(b)
an injunction;
(c)
a conservatory order;
(d)
a declaration of invalidity of any law that denies, violates,
infringes, or threatens a right or fundamental freedom in the

Bill of Rights and is not justified under Article 24;

(e)
an order for compensation; and
(f)
an order of judicial review.

24. (1) A right or fundamental freedom in the Bill of Rightsshall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic societybased on human dignity, equality and freedom, taking into account all relevant factors, including––

(a)
the nature of the right or fundamental freedom;
(b)
the importance of the purpose of the limitation;
(c)
the nature and extent of the limitation;
(d)
the need to ensure that the enjoyment of rights and
fundamental freedoms by any individual does not prejudice
the rights and fundamental freedoms of others; and
(e)
the relation between the limitation and its purpose and
whether there are less restrictive means to achieve the
purpose.

(2) Despite clause (1), a provision in legislation limiting a right or fundamental freedom—

(a) in the case of a provision enacted or amended on or after the

effective date, is not valid unless the legislation specifically

expresses the intention to limit that right or fundamental
freedom, and the nature and extent of the limitation;

(b) shall not be construed as limiting the right or fundmental

freedom unless the provision is clear and specific about the

right or freedom to be limited and the nature and extent of
the limitation; and

(c)
shall not limit the right or fundamental freedom so far as to
derogate from its core or essential content.
(3)
The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority 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 Muslim law before theKadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.

(5)
Despite clause (1) and (2), a provision in legislation may limitthe application of the rights or fundamental freedoms in the following provisions to persons serving in the Kenya Defence Forces or theNational Police Service––
(a)
Article 31—Privacy;
(b)
Article 36—Freedom of association;
(c)
Article 37—Assembly, demonstration, picketing and
petition;
(d)
Article 41—Labour relations;
(e)
Article 43—Economic and social rights; and
(f)
Article 49—Rights of arrested persons.

25. Despite any other provision in this Constitution, the following

Fundamental Rights

rights and fundamental freedoms shall not be limited––

and freedoms that may not be limited.

(a)
freedom from torture and cruel, inhuman or degrading
treatment or punishment;
(b)
freedom from slavery or servitude;

Right to life.

Equality and freedomfrom discrimination.

(c)
the right to a fair trial; and
(d)
the right to an order of habeas corpus.

Part 2––riGhts and fundamental freedoms

26. (1) Every person has the right to life.

(2) The life of a person begins at conception.

(3)
A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
(4)
Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

27. (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 fundamental freedoms.
(3)
Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural andsocial spheres.
(4)
The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status,health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5)
A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed toredress any disadvantage suffered by individuals or groups because of past discrimination.

(7)
Any measure taken under clause (6) shall adequately provide
(8)
In addition to the measures contemplated in clause (6), the

for any benefits to be on the basis of genuine need.

State shall take legislative and other measures to implement the principlethat not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

  1. Every person has inherent dignity and the right to have that dignity respected and protected.
  2. Every person has the right to freedom and security of the person, which includes the right not to be—
(a)
deprived of freedom arbitrarily or without just cause;
(b)
detained without trial, except during a state of emergency,
in which case the detention is subject to Article 58;
(c)
subjected to any form of violence from either public or
private sources;
(d)
subjected to torture in any manner, whether physical or
psychological;
(e)
subjected to corporal punishment; or
(f)
treated or punished in a cruel, inhuman or degrading
manner.

30. (1) A person shall not be held in slavery or servitude.

(2) A person shall not be required to perform forced labour.

31. Every person has the right to privacy, which includes theright not to have—

(a)
their person, home or property searched;
(b)
their possessions seized;
(c)
information relating to their family or private affairs
unnecessarily required or revealed; or
(d)
the privacy of their communications infringed.

32. (1) Every person has the right to freedom of conscience,religion, thought, belief and opinion.

(2) Every person has the right, either individually or in communitywith others, in public or in private, to manifest any religion or belief

Human dignity.

Freedom and securityof the person.

Slavery, servitude and forced labour.

Privacy.

Freedom of conscience, religion,belief and opinion.

Freedom of expression.

Freedom of the media.

through worship, practice, teaching or observance, including observanceof a day of worship.

(3)
A person may not be denied access to any institution,employment or facility, or the enjoyment of any right, because of the person’s belief or religion.
(4)
A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.

33. (1) Every person has the right to freedom of expression,which includes—

(a)
freedom to seek, receive or impart information or ideas;
(b)
freedom of artistic creativity; and

(c) academic freedom and freedom of scientific research.

(2)
The right to freedom of expression does not extend to—
(a)
propaganda for war;
(b)
incitement to violence;
(c)
hate speech; or
(d)
advocacy of hatred that—

(i) constitutes ethnic incitement, vilification of others or

incitement to cause harm; or

(ii) is based on any ground of discrimination specified or

contemplated in Article 27 (4).

(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

34. (1) Freedom and independence of electronic, print and all othertypes of media is guaranteed, but does not extend to any expressionspecified in Article 33 (2).

(2)
The State shall not—
(a)
exercise control over or interfere with any person engaged in
broadcasting, the production or circulation of any publication
or the dissemination of information by any medium; or
27
(b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination. (3) Broadcasting and other electronic media have freedom ofestablishment, subject only to licensing procedures that— (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government, political interestsor commercial interests.
(4) All State-owned media shall— (a) be free to determine independently the editorial content of their broadcasts or other communications;
(b) be impartial; and (c) afford fair opportunity for the presentation of divergentviews and dissenting opinions. (5) Parliament shall enact legislation that provides for theestablishment of a body, which shall— (a) be independent of control by government, political interestsor commercial interests;
(b) reflect the interests of all sections of the society; and (c) set media standards and regulate and monitor compliance with those standards.
35. (1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required forthe exercise or protection of any right or fundamentalfreedom. Access to information.
(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person. (3) The State shall publish and publicise any important informationaffecting the nation.

Freedom of association.

Assembly, demonstration,picketing andpetition.

Political rights.

36. (1) Every person has the right to freedom of association,which includes the right to form, join or participate in the activities of an association of any kind.

(2)
A person shall not be compelled to join an association of any kind.
(3)
Any legislation that requires registration of an association of any kind shall provide that—
(a)
registration may not be withheld or withdrawn unreasonably;
and
(b)
there shall be a right to have a fair hearing before a
registration is cancelled.
  1. Every person has the right, peaceably and unarmed, toassemble, to demonstrate, to picket, and to present petitions to public authorities.
    1. (1) Every citizen is free to make political choices, whichincludes the right—
      1. to form, or participate in forming, a political party;
      2. to participate in the activities of, or recruit members for, a
        political party; or
      3. to campaign for a political party or cause.
(2)
Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—
(a)
any elective public body or office established under this
Constitution; or
(b)
any office of any political party of which the citizen is a
member.
(3)
Every adult citizen has the right, without unreasonablerestrictions—
(a)
to be registered as a voter;
(b)
to vote by secret ballot in any election or referendum; and

(c) to be a candidate for public office, or office within a politicalparty of which the citizen is a member and, if elected, to

hold office.

39. (1) Every person has the right to freedom of movement.

(2)
Every person has the right to leave Kenya.
(3)
Every citizen has the right to enter, remain in and resideanywhere in Kenya.

40. (1) Subject to Article 65, every person has the right,either individually or in association with others, to acquire and own property––

(a)
of any description; and
(b)
in any part of Kenya.
(2)
Parliament shall not enact a law that permits the State or any person—
(a)
to arbitrarily deprive a person of property of any descriptionor of any interest in, or right over, any property of anydescription; or
(b)
to limit, or in any way restrict the enjoyment of any right

under this Article on the basis of any of the grounds specified

or contemplated in Article 27 (4).

(3)
The State shall not deprive a person of property of anydescription, or of any interest in, or right over, property of anydescription, unless the deprivation—
(a)
results from an acquisition of land or an interest in landor a conversion of an interest in land, or title to land, inaccordance with Chapter Five; or
(b)
is for a public purpose or in the public interest and is carriedout in accordance with this Constitution and any Act ofParliament that—
(i)
requires prompt payment in full, of just compensation to the person; and
(ii)
allows any person who has an interest in, or right over, that property a right of access to a court of law.

Freedom of movement and residence.

Protection of right toproperty.

Labour relations.

Environment.

(4)
Provision may be made for compensation to be paid tooccupants in good faith of land acquired under clause (3) who may nothold title to the land.
(5)
The State shall support, promote and protect the intellectualproperty rights of the people of Kenya.
(6)
The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.
41. (1) Every person has the right to fair labour practices.
(2)
Every worker has the right—
(a)
to fair remuneration;
(b)
to reasonable working conditions;
(c)
to form, join or participate in the activities and programmes
of a trade union; and
(d)
to go on strike.
(3)
Every employer has the right—
(e)
to form and join an employers organisation; and
(f)
to participate in the activities and programmes of an
employers organisation.
(4)
Every trade union and every employers’ organisation has the right—
(a)
to determine its own administration, programmes and
activities;
(b)
to organise; and
(c)
to form and join a federation.
(5)
Every trade union, employers’organisation and employer has the right to engage in collective bargaining.

42. Every person has the right to a clean and healthy environment,which includes the right—

(a) to have the environment protected for the benefit of present and future generations through legislative and other measures,particularly those contemplated in Article 69; and

(b) to have obligations relating to the environment fulfilledunder Article 70.

43. (1) Every person has the right—

(a)
to the highest attainable standard of health, which includes the right to health care services, including reproductivehealth care;
(b)
to accessible and adequate housing, and to reasonable
standards of sanitation;
(c)
to be free from hunger, and to have adequate food ofacceptable quality;
(d)
to clean and safe water in adequate quantities;
(e)
to social security; and
(f)
to education.
(2)
A person shall not be denied emergency medical treatment.
(3)
The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

44. (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.

(2)
A person belonging to a cultural or linguistic community has the right, with other members of that community—
(a)
to enjoy the person’s culture and use the person’s language; or
(b)
to form, join and maintain cultural and linguistic associations
and other organs of civil society.
(3)
A person shall not compel another person to perform, observe or undergo any cultural practice or rite.

45. (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition

Economic and social rights.

Language andculture.

Family.

Consumer rights.

Fair administrative action.

and protection of the State.

(2)
Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
(3)
Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of themarriage.
(4)
Parliament shall enact legislation that recognises—
(a)
marriages concluded under any tradition, or system of
religious, personal or family law; and
(b)
any system of personal and family law under any tradition,
or adhered to by persons professing a particular religion,

to the extent that any such marriages or systems of law are consistentwith this Constitution.

46. (1) Consumers have the right—

(a) to goods and services of reasonable quality;

(b) to the information necessary for them to gain full benefit
from goods and services;

(c)
to the protection of their health, safety, and economic
interests; and
(d)
to compensation for loss or injury arising from defects in
goods or services.
(2)
Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising.
(3)
This Article applies to goods and services offered by public entities or private persons.

47. (1) Every person has the right to administrative action that is

expeditious, efficient, lawful, reasonable and procedurally fair.

(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person 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 that legislation shall—

(a) provide for the review of administrative action by a court or,if appropriate, an independent and impartial tribunal; and

(b) promote efficient administration.

  1. The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
  2. (1) An arrested person has the right—
(a)
to be informed promptly, in language that the person
understands, of—
(i)
the reason for the arrest;
(ii)
the right to remain silent; and

(iii) the consequences of not remaining silent;

(b)
to remain silent;
(c)
to communicate with an advocate, and other persons whose assistance is necessary;
(d)
not to be compelled to make any confession or admission that could be used in evidence against the person;
(e)
to be held separately from persons who are serving asentence;
(f)
to be brought before a court as soon as reasonably possible, but not later than––
(i)
twenty-four hours after being arrested; or
(ii)
if the twenty-four hours ends outside ordinary courthours, or on a day that is not an ordinary court day, the end of the next court day;

(g) at the first court appearance, to be charged or informed of the
reason for the detention continuing, or to be released; and

(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons

Access to justice.

Rights of arrested persons.

Fair hearing.

not to be released.

(2) A person shall not be remanded in custody for an offence if

the offence is punishable by a fine only or by imprisonment for not

more than six months.

50. (1) Every person has the right to have any dispute that can beresolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartialtribunal or body.

(2) Every accused person has the right to a fair trial, whichincludes the right—

(a) to be presumed innocent until the contrary is proved;

(b) to be informed of the charge, with sufficient detail toanswer it;

(c)
to have adequate time and facilities to prepare a defence;
(d)
to a public trial before a court established under thisConstitution;
(e)
to have the trial begin and conclude without unreasonable delay;
(f)
to be present when being tried, unless the conduct ofthe accused person makes it impossible for the trial toproceed;
(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 wouldotherwise result, and to be informed of this right promptly;
(i)
to remain silent, and not to testify during the proceedings;
(j)
to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to thatevidence;
(k)
to adduce and challenge evidence;
(l)
to refuse to give self-incriminating evidence;
(m)
to have the assistance of an interpreter without payment
if the accused person cannot understand the language used
at the trial;
(n)
not to be convicted for an act or omission that at the time it
was committed or omitted was not—
(i)
an offence in Kenya; or
(ii)
a crime under international law;
(o)
not to be tried for an offence in respect of an act or omission
for which the accused person has previously been either
acquitted or convicted;
(p)
to the benefit of the least severe of the prescribed punishments
for an offence, if the prescribed punishment for the offence
has been changed between the time that the offence was
committed and the time of sentencing; and
(q)
if convicted, to appeal to, or apply for review by, a higher
court as prescribed by law.
(3)
If this Article requires information to be given to a person, the information shall be given in language that the person understands.
(4)
Evidence obtained in a manner that violates any right orfundamental freedom in the Bill of Rights shall be excluded if theadmission of that evidence would render the trial unfair, or wouldotherwise be detrimental to the administration of justice.
(5)
An accused person—
(a)
charged with an offence, other than an offence that the
court may try by summary procedures, is entitled during the
trial to a copy of the record of the proceedings of the trial
on request; and
(b)
has the right to a copy of the record of the proceedings within
a reasonable period after they are concluded, in return for a
reasonable fee as prescribed by law.

(6)A person who is convicted of a criminal offence may petition the High Court for a new trial if––

(a) the person’s appeal, if any, has been dismissed by the highest

Rights of personsdetained, heldin custody orimprisoned.

Interpretation of thisPart.

Children.

court to which the person is entitled to appeal, or the person did not appeal within the time allowed for appeal; and

(b) new and compelling evidence has become available.

(7)
In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court.
(8)
This Article does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusionis necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security.
(9)
Parliament shall enact legislation providing for the protection,rights and welfare of victims of offences.

51. (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Billof Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained,held in custody or imprisoned.

(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

(3)
Parliament shall enact legislation that––
(a)
provides for the humane treatment of persons detained, held
in custody or imprisoned; and
(b)
takes into account the relevant international human rights
instruments.

Part 3––sPecific aPPlication of riGhts

52. (1) This Part elaborates certain rights to ensure greatercertainty as to the application of those rights and fundamental freedomsto certain groups of persons.

(2) This Part shall not be construed as limiting or qualifying any right.

53. (1) Every child has the right––

(a)
to a name and nationality from birth;
(b)
to free and compulsory basic education;
(c)
to basic nutrition, shelter and health care;
(d)
to be protected from abuse, neglect, harmful culturalpractices, all forms of violence, inhuman treatment andpunishment, and hazardous or exploitative labour;
(e)
to parental care and protection, which includes equalresponsibility of the mother and father to provide for thechild, whether they are married to each other or not; and
(f)
not to be detained, except as a measure of last resort, and when detained, to be held –
(i)
for the shortest appropriate period of time; and
(ii)
separate from adults and in conditions that take account of the child’s sex and age.
(2)
A child’s best interests are of paramount importance in every matter concerning the child.

54. (1) A person with any disability is entitled––

(a)
to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b)
to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;
(c)
to reasonable access to all places, public transport and
information;
(d)
to use Sign language, Braille or other appropriate means of communication; and
(e)
to access materials and devices to overcome constraintsarising from the person’s disability.
(2)
The State shall ensure the progressive implementation of the

principle that at least five percent of the members of the public in elective

and appointive bodies are persons with disabilities.

55. The State shall take measures, including affirmative action

programmes, to ensure that the youth—

Persons with disabilities.

Youth.

Minorities and marginalised groups.

Older members of society.

State of emergency.

(a)
access relevant education and training;
(b)
have opportunities to associate, be represented andparticipate in political, social, economic and other spheres of life;
(c)
access employment; and
(d)
are protected from harmful cultural practices and
exploitation.

56. The State shall put in place affirmative action programmes

designed to ensure that minorities and marginalised groups—

(a)
participate and are represented in governance and otherspheres of life;
(b)
are provided special opportunities in educational and

economic fields;

(c)
are provided special opportunities for access toemployment;
(d)
develop their cultural values, languages and practices;and
(e)
have reasonable access to water, health services andinfrastructure.

57. The State shall take measures to ensure the rights of older persons––

(a)
to fully participate in the affairs of society;
(b)
to pursue their personal development;
(c)
to live in dignity and respect and be free from abuse; and
(d)
to receive reasonable care and assistance from their family and the State.

Part 4––state of emerGency

58. (1) A state of emergency may be declared only under Article 132 (4) (d) and only when––

(a) the State is threatened by war, invasion, general insurrection,

disorder, natural disaster or other public emergency; and

(b)
the declaration is necessary to meet the circumstances for
which the emergency is declared.
(2)
A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only—
(a)
prospectively; and
(b)
for not longer than fourteen days from the date of the
declaration, unless the National Assembly resolves to extend
the declaration.
(3)
The National Assembly may extend a declaration of a state of emergency—
(a)
by resolution adopted—
(i)
following a public debate in the National Assembly;
and

(ii) by the majorities specified in clause (4); and

(b) for not longer than two months at a time.

(4) The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the membersof the National Assembly, and any subsequent extension requires asupporting vote of at least three-quarters of all the members of theNational Assembly.

(5)The Supreme 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;
and
(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––
(a)
may limit a right or fundamental freedom in the Bill of

Kenya NationalHuman Rightsand EqualityCommission.

Rights only to the extent that—

(i)
the limitation is strictly required by the emergency;and
(ii)
the legislation is consistent with the Republic’s obligations under international law applicable to a state ofemergency; and
(b)
shall not take effect until it is published in the Gazette.

(7)A declaration of a state of emergency, or legislation enacted orother action taken in consequence of any declaration, may not permit or

authorise the indemnification of the State, or of any person, in respect

of any unlawful act or omission.

Part 5––Kenya national human riGhts and equality commission

59. (1) There is established the Kenya National Human Rights and Equality Commission.

(2)
The functions of the Commission are—
(a)
to promote respect for human rights and develop a culture of human rights in the Republic;
(b)
to promote gender equality and equity generally and tocoordinate and facilitate gender mainstreaming in national development;
(c)
to promote the protection, and observance of human rights in public and private institutions;
(d)
to monitor, investigate and report on the observance ofhuman rights in all spheres of life in the Republic, including observance by the national security organs;
(e)
to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;
(f)
on its own initiative or on the basis of complaints, toinvestigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;
(g)
to act as the principal organ of the State in ensuring
compliance with obligations under treaties and conventions
relating to human rights;
(h)
to investigate any conduct in state affairs, or any act
or omission in public administration in any sphere of
government, that is alleged or suspected to be prejudicial or
improper or to result in any impropriety or prejudice;
(i)
to investigate complaints of abuse of power, unfair treatment,
manifest injustice or unlawful, oppressive, unfair or

unresponsive official conduct;

(j)
to report on complaints investigated under paragraphs (h)
and (i) and take remedial action; and
(k)
to perform any other functions prescribed by legislation.
(3)
Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(4)
Parliament shall enact legislation to give full effect to this Part,and any such legislation may restructure the Commission into two or more separate commissions.
(5)
If Parliament enacts legislation restructuring the Commission under clause (4)––
(a)
that legislation shall assign each function of the Commission
mentioned in this Article to one or the other of the successor
commissions;
(b)
each of the successor commissions shall have powers
equivalent to the powers of the Commission under this
Article; and
(c)
each successor commission shall be a commission within
the meaning of Chapter Fifteen, and shall have the status and
powers of a commission under that Chapter.
CHAPTER FIVE––LAND AND ENVIRONMENT

Part 1—land

60. (1) Land in Kenya shall be held, used and managed in aPrinciples of landmanner that is equitable, efficient, productive and sustainable, and in policy.

accordance with the following principles—

(a)
equitable access to land;
(b)
security of land rights;
(c)
sustainable and productive management of landresources;
(d)
transparent and cost effective administration of land;
(e)
sound conservation and protection of ecologically sensitive areas;
(f)
elimination of gender discrimination in law, customs and practices related to land and property in land; and
(g)
encouragement of communities to settle land disputesthrough recognised local community initiatives consistent with this Constitution.

(2) These principles shall be implemented through a national landpolicy developed and reviewed regularly by the national government and through legislation.

Classification of land. 61. (1) All land in Kenya belongs to the people of Kenyacollectively as a nation, as communities and as individuals.

(2) Land in Kenya is classified as public, community or private.

Public land.

62. (1) Public land is—

(a) land which at the effective date was unalienated government

land as defined by an Act of Parliament in force at the

effective date;

(b)
land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private lease;
(c)
land transferred to the State by way of sale, reversion or surrender;
(d)
land in respect of which no individual or communityownership can be established by any legal process;

(e) land in respect of which no heir can be identified by any

legal process;

(f) all minerals and mineral oils as defined by law;

(g)
government forests other than forests to which Article 63 (2)
(d)
(i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas;
(h)
all roads and thoroughfares provided for by an Act of Parliament;

(i) all rivers, lakes and other water bodies as defined by an Act of Parliament;

(j)
the territorial sea, the exclusive economic zone and the sea bed;
(k)
the continental shelf;
(l)
all land between the high and low water marks;

(m) any land not classified as private or community land under this Constitution; and

(n)
any other land declared to be public land by an Act ofParliament—
(i)
in force at the effective date; or
(ii)
enacted after the effective date.
(2)
Public land shall vest in and be held by a county governmentin trust for the people resident in the county, and shall be administered

on their behalf by the National Land Commission, if it is classified

under—

(a)
clause (1) (a), (c), (d) or (e); and
(b)
clause (1) (b), other than land held, used or occupied by a national State organ.
(3)
Public land classified under clause (1) (f) to (m) shall vestin and be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission.

Community land.

Private land.

(4) Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use.

63. (1) Community land shall vest in and be held by communities

identified on the basis of ethnicity, culture or similar community of

interest.

(2)
Community land consists of—
(a)
land lawfully registered in the name of group representatives
under the provisions of any law;

(b) land lawfully transferred to a specific community by any
process of law;

(c)
any other land declared to be community land by an Act of
Parliament; and
(d)
land that is—

(i) lawfully held, managed or used by specific communities

as community forests, grazing areas or shrines;

(ii) ancestral lands and lands traditionally occupied byhunter-gatherer communities; or

(iii) lawfully held as trust land by the county governments,

but not including any public land held in trust by the countygovernment under Article 62 (2).

(3)
Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it isheld.
(4)
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.
(5)
Parliament shall enact legislation to give effect to thisArticle.

64. Private land consists of —

(a)
registered land held by any person under any freehold
tenure;
(b)
land held by any person under leasehold tenure; and
(c)
any other land declared private land under an Act ofParliament.

65. (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.

(2)
If a provision of any agreement, deed, conveyance or documentof whatever nature purports to confer on a person who is not a citizen aninterest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more.
(3)
For purposes of this Article—
(a)
a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens; and
(b)
property held in trust shall be regarded as being held by a

citizen only if all of the beneficial interest of the trust is held

by persons who are citizens.

(4) Parliament may enact legislation to make further provision for the operation of this Article.

66. (1) The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.

(2) Parliament shall enact legislation ensuring that investments

in property benefit local communities and their economies.

67. (1) There is established the National Land Commission.

(2)
The functions of the National Land Commission are—
(a)
to manage public land on behalf of the national and county governments;
(b)
to recommend a national land policy to the nationalgovernment;
(c)
to advise the national government on a comprehensive

Landholding bynon-citizens.

Regulation of landuse and property.

National Land Commission.

programme for the registration of title in land throughout Kenya;

(d)
to conduct research related to land and the use of natural resources, and make recommendations to appropriateauthorities;
(e)
to initiate investigations, on its own initiative or on acomplaint, into present or historical land injustices, andrecommend appropriate redress;
(f)
to encourage the application of traditional dispute resolution

mechanisms in land conflicts;

(g)
to assess tax on land and premiums on immovable property in any area designated by law; and
(h)
to monitor and have oversight responsibilities over land useplanning throughout the country.

(3) The National Land Commission may perform any otherfunctions prescribed by national legislation.

68. Parliament shall—

Legislation on land.

(a)
revise, consolidate and rationalise existing land laws;
(b)
revise sectoral land use laws in accordance with theprinciples set out in Article 60 (1); and
(c)
enact legislation—
(i)
to prescribe minimum and maximum land holding acreages in respect of private land;
(ii)
to regulate the manner in which any land may be converted from one category to another;

(iii) to regulate the recognition and protection of matrimonialproperty and in particular the matrimonial home during and on the termination of marriage;

(iv)
to protect, conserve and provide access to all publicland;
(v)
to enable the review of all grants or dispositions of publicland to establish their propriety or legality;
(vi)
to protect the dependants of deceased persons holding interests in any land, including the interests of spousesin actual occupation of land; and

(vii) to provide for any other matter necessary to give effect to the provisions of this Chapter.

Part 2—environment and natural resources

69. (1) The State shall—

(a) ensure sustainable exploitation, utilisation, management and
conservation of the environment and natural resources, and

ensure the equitable sharing of the accruing benefits;

(b)
work to achieve and maintain a tree cover of at least ten per
cent of the land area of Kenya;
(c)
protect and enhance intellectual property in, and indigenousknowledge of, biodiversity and the genetic resources of the communities;
(d)
encourage public participation in the management,protection and conservation of the environment;
(e)
protect genetic resources and biological diversity;
(f)
establish systems of environmental impact assessment,environmental audit and monitoring of the environment;
(g)
eliminate processes and activities that are likely to endanger
the environment; and

(h) utilise the environment and natural resources for the benefit
of the people of Kenya.

(2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensureecologically sustainable development and use of natural resources.

70. (1) If a person alleges that a right to a clean and healthyenvironment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

Obligations in respectof the environment.

Enforcement of environmental rights.

(2)
On application under clause (1), the court may make any order,or give any directions, it considers appropriate––
(a)
to prevent, stop or discontinue any act or omission that is harmful to the environment;
(b)
to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to theenvironment; or
(c)
to provide compensation for any victim of a violation of the right to a clean and healthy environment.
(3)
For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.

Agreements relating 71. (1) A transaction is subject to ratification by Parliament if to natural resources. it––

(a)
involves the grant of a right or concession by or on behalfof any person, including the national government, to anotherperson for the exploitation of any natural resource of Kenya;and
(b)
is entered into on or after the effective date.
(2)
Parliament shall enact legislation providing for the classes of

transactions subject to ratification under clause (1).

Legislation relating 72. Parliament shall enact legislation to give full effect to the

to the environment.

provisions of this Part.

CHAPTER SIX––LEADERSHIP AND INTEGRITY

Responsibilities of 73. (1) Authority assigned to a State officer— leadership.

(a)
is a public trust to be exercised in a manner that—
(i)
is consistent with the purposes and objects of this Constitution;
(ii)
demonstrates respect for the people;

(iii) brings honour to the nation and dignity to the office;

and

(iv) promotes public confidence in the integrity of the

office; and

49
(b) vests in the State officer the responsibility to serve thepeople, rather than the power to rule them.
(2) The guiding principles of leadership and integrity include—
(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making, and inensuring that decisions are not influenced by nepotism,favouritism, other improper motives or corrupt practices;
(c) selfless service based solely on the public interest,demonstrated by—
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with public duties;
(d) accountability to the public for decisions and actions; and
(e) discipline and commitment in service to the people.
74. Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take andsubscribe the oath or affirmation of office, in the manner and formprescribed by the Third Schedule or under an Act of Parliament. Oath of office of State officers.
75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids— Conduct of State officers.
(a) any conflict between personal interests and public or officialduties;
(b) compromising any public or official interest in favour of a personal interest; or
(c) demeaning the office the officer holds.
(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—
(a) shall be subject to the applicable disciplinary procedure for the relevant office; and

Financial probity of

State officers.

Restriction on activities of State

officers.

Citizenship andleadership.

(b) may, in accordance with the disciplinary procedure referredto in paragraph (a), be dismissed or otherwise removed from

office.

(3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office.

76. (1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.

(2) A State officer shall not—

(a) maintain a bank account outside Kenya except in accordance
with an Act of Parliament; or

(b) seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.

77. (1) A full-time State officer shall not participate in any other

gainful employment.

(2) Any appointed State officer shall not hold office in a political

party.

(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—

(a)
a company owned or controlled by the State; or
(b)
a State organ.

(4) A retired State officer shall not receive remuneration from

public funds other than as contemplated in clause (3).

78. (1) A person is not eligible for election or appointment to a

State office unless the person is a citizen of Kenya.

(2) A State officer or a member of the defence forces shall not

hold dual citizenship.

(3)
Clauses (1) and (2) do not apply to—
(a)
judges and members of commissions; or
(b)
any person who has been made a citizen of another country by operation of that country’s law, without ability to optout.
  1. Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposesof ensuring compliance with, and enforcement of, the provisions of this Chapter.
  2. Parliament shall enact legislation—
(a)
establishing procedures and mechanisms for the effective administration of this Chapter;
(b)
prescribing the penalties, in addition to the penalties referredto in Article 75, that may be imposed for a contravention of this Chapter;
(c)
providing for the application of this Chapter, with the

necessary modifications, to public officers; and

(d) making any other provision necessary for ensuring thepromotion of the principles of leadership and integritymentioned in this Chapter, and the enforcement of thisChapter.

CHAPTER SEVEN––REPRESENTATION OF THE PEOPLE

Part 1––electoral system and Process

81. The electoral system shall comply with the followingprinciples––

(a)
freedom of citizens to exercise their political rights under Article 38;
(b)
not more than two-thirds of the members of elective public bodies shall be of the same gender;
(c)
fair representation of persons with disabilities;
(d)
universal suffrage based on the aspiration for fairrepresentation and equality of vote; and
(e)
free and fair elections, which are—

Legislation toestablish the ethics and anti-corruptioncommission.

Legislation onleadership.

General principlesfor the electoral system.

Legislation onelections.

(i) by secret ballot;

(ii) free from violence, intimidation, improper influence or

corruption;

(iii) conducted by an independent body;

(iv) transparent; and

(v) administered in an impartial, neutral, efficient, accurate

and accountable manner.

82. (1) Parliament shall enact legislation to provide for—

(a)
the delimitation by the Independent Electoral and Boundaries
Commission of electoral units for election of members of the
National Assembly and county assemblies;
(b)
the nomination of candidates;
(c)
the continuous registration of citizens as voters;
(d)
the conduct of elections and referenda and the regulation

and efficient supervision of elections and referenda, including

the nomination of candidates for elections; and

(e) the progressive registration of citizens residing outsideKenya, and the progressive realisation of their right tovote.

(2) Legislation required by clause (1) (d) shall ensure that voting at every election is—

(a)
simple;
(b)
transparent; and
(c)
takes into account the special needs of—
(i)
persons with disabilities; and
(ii)
other persons or groups with special needs.

Registration as a 83. (1) A person qualifies for registration as a voter at elections voter or referenda if the person—

(a)
is an adult citizen;
(b)
is not declared to be of unsound mind; and
(c)
has not been convicted of an election offence during the

preceding five years.

(2) A citizen who qualifies for registration as a voter shall be

registered at only one registration centre.

(3) Administrative arrangements for the registration of voters andthe conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

  1. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoraland Boundaries Commission.
  2. Any person is eligible to stand as an independent candidate for election if the person––

(a) is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and

(b) satisfies the requirements of––

(i)
Article 99 (1) (c) (i) or (ii), in the case of a candidatefor election to the National Assembly or the Senate,respectively; or
(ii)
Article 193 (1) (c) (ii), in the case of a candidate for election to a county assembly.

86. At every election, the Independent Electoral and Boundaries Commission shall ensure that—

(a)
whatever voting method is used, the system is simple,
(b)
the votes cast are counted, tabulated and the results

accurate, verifiable, secure, accountable and transparent;

announced promptly by the presiding officer at each polling

station;

(c) the results from the polling stations are openly and accurately

collated and promptly announced by the returning officer;

and

Candidates for election and politicalparties to complywith code of conduct.

Eligibility to standas an independentcandidate.

Voting.

Electoral disputes.

Independent Electoraland Boundaries Commission.

(d) appropriate structures and mechanisms to eliminate electoralmalpractice are put in place, including the safekeeping of election materials.

87. (1) Parliament shall enact legislation to establish mechanismsfor timely settling of electoral disputes.

(2) Petitions concerning an election, other than a presidential

election, shall be filed within twenty-eight days after the declaration

of the election results by the Independent Electoral and Boundaries Commission.

(3) Service of a petition may be direct or by advertisement in a newspaper with national circulation.

Part 2—indePendent electoral and Boundaries commission and delimitation of electoral units

88. (1) There is established the Independent Electoral andBoundaries Commission.

(2) A person is not eligible for appointment as a member of the Commission if the person—

(a) has, at any time within the preceding five years, held office, or stood for election as—

(i)
a member of Parliament or of a county assembly; or
(ii)
a member of the governing body of a political party; or

(b) holds any State office.

(3)
A member of the Commission shall not hold another public
(4)
The Commission is responsible for conducting or supervising

office.

referenda and elections to any elective body or office established by

this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for—

(a)
the continuous registration of citizens as voters;
(b)
the regular revision of the voters’ roll;
(c)
the delimitation of constituencies and wards;
(d)
the regulation of the process by which parties nominate
candidates for elections;
(e)
the settlement of electoral disputes, including disputes
relating to or arising from nominations but excluding
election petitions and disputes subsequent to the declaration
of election results;
(f)
the registration of candidates for election;
(g)
voter education;
(h)
the facilitation of the observation, monitoring and evaluation
of elections;
(i)
the regulation of the amount of money that may be spent by or
on behalf of a candidate or party in respect of any election;
(j)
the development of a code of conduct for candidates and
parties contesting elections; and
(k)
the monitoring of compliance with the legislation required
by Article 82 (1) (b) relating to nomination of candidates
by parties.
(5)
The Commission shall exercise its powers and performits functions in accordance with this Constitution and national legislation.

89. (1) There shall be two hundred and ninety constituencies for Delimitation of the purposes of the election of the members of the National Assembly electoral units. provided for in Article 97 (1) (a).

(2) The Independent Electoral and Boundaries Commission shallreview the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any reviewshall be completed at least twelve months before a general election of members of Parliament.

(3)The Commission shall review the number, names andboundaries of wards periodically.

(4) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

(5)
The boundaries of each constituency shall be such that thenumber of inhabitants in the constituency is, as nearly as possible, equalto the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the mannermentioned in clause (6) to take account of—
(a)
geographical features and urban centres;
(b)
community of interest, historical, economic and cultural ties; and
(c)
means of communication.
(6)
The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—
(a)
forty per cent for cities and sparsely populated areas; and
(b)
thirty per cent for the other areas.
(7)
In reviewing constituency and ward boundaries theCommission shall––
(a)
consult all interested parties; and
(b)
progressively work towards ensuring that the number ofinhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.
(8)
If necessary, the Commission shall alter the names andboundaries of constituencies, and the number, names and boundaries of wards.
(9)
Subject to clauses (1), (2), (3) and (4), the names and detailsof the boundaries of constituencies and wards determined by theCommission shall be published in the Gazette, and shall come into effecton the dissolution of Parliament first following their publication.
(10)
A person may apply to the High Court for review of a decisionof the Commission made under this Article.

(11) An application for the review of a decision made under this

Article shall be filed within thirty days of the publication of the decision

in the Gazette and shall be heard and determined within three months

of the date on which it is filed.

(12) For the purposes of this Article, “population quota” means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.

90. (1) Elections for the seats in Parliament provided for under Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) (b) and (c), shall be on the basis ofproportional representation by use of party lists.

(2)
The Independent Electoral and Boundaries Commission shallbe responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a)
each political party participating in a general election
nominates and submits a list of all the persons who would
stand elected if the party were to be entitled to all the seats
provided for under clause (1), within the time prescribed by
national legislation;
(b)
except in the case of the seats provided for under Article 98
(1)
(b), each party list comprises the appropriate number of

qualified candidates and alternates between male and female

candidates in the priority in which they are listed; and

(c) except in the case of county assembly seats, each party list

reflects the regional and ethnic diversity of the people of

Kenya.

(3) The seats mentioned in clause (1) shall be allocated to politicalparties in proportion to the total number of seats won by candidates of the political party at the general election.

Part 3—Political Parties

91. (1) Every political party shall—

(a)
have a national character as prescribed by an Act ofParliament;
(b)
have a democratically elected governing body;
(c)
promote and uphold national unity;
(d)
abide by the democratic principles of good governance,
promote and practise democracy through regular, fair and

Allocation of partylist seats.

Basic requirementsfor political parties.

Legislation onpolitical parties.

free elections within the party;

(e)
respect the right of all persons to participate in the political process, including minorities and marginalised groups;
(f)
respect and promote human rights and fundamental freedoms,and gender equality and equity;
(g)
promote the objects and principles of this Constitution and the rule of law; and
(h)
subscribe to and observe the code of conduct for political parties.
(2)
A political party shall not—
(a)
be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b)
engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c)
establish or maintain a paramilitary force, militia or similar organisation;
(d)
engage in bribery or other forms of corruption; or
(e)
except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.

92. Parliament shall enact legislation to provide for—

(a)
the reasonable and equitable allocation of airtime, by State-owned and other mentioned categories of broadcastingmedia, to political parties either generally or during election campaigns;
(b)
the regulation of freedom to broadcast in order to ensure fair election campaigning;
(c)
the regulation of political parties;
(d)
the roles and functions of political parties;
(e)
the registration and supervision of political parties;
(f)
the establishment and management of a political parties
fund;
(g)
the accounts and audit of political parties;
(h)
restrictions on the use of public resources to promote the
interests of political parties; and
(i)
any other matters necessary for the management of politcal
parties.
CHAPTER EIGHT––THE LEGISLATURE

Part 1—estaBlishment and role of Parliament

93. (1) There is established a Parliament of Kenya, which shall Establishment of consist of the National Assembly and the Senate. Parliament.

(2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.

94. (1) The legislative authority of the Republic is derived from

Role of Parliament.

the people and, at the national level, is vested in and exercised byParliament.

(2)
Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.
(3)
Parliament may consider and pass amendments to thisConstitution, and alter county boundaries as provided for in thisConstitution.
(4)
Parliament shall protect this Constitution and promote the democratic governance of the Republic.
(5)
No person or body, other than Parliament, has the power tomake provision having the force of law in Kenya except under authorityconferred by this Constitution or by legislation.
(6)
An Act of Parliament, or legislation of a county, that confers on

any State organ, State officer or person the authority to make provision

having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.

Role of the National Assembly.

Role of the Senate.

95. (1) The National Assembly represents the people of theconstituencies and special interests in the National Assembly.

(2)
The National Assembly deliberates on and resolves issues of concern to the people.
(3)
The National Assembly enacts legislation in accordance with Part 4 of this Chapter.
(4)
The National Assembly––
(a)
determines the allocation of national revenue between
the levels of government, as provided in Part 4 of Chapter
Twelve;
(b)
appropriates funds for expenditure by the nationalgovernment and other national State organs; and
(c)
exercises oversight over national revenue and its
expediture.
(5)
The National Assembly—
(a) reviews the conduct in office of the President, the Deputy
President and other State officers and initiates the process
of removing them from office; and
(b) exercises oversight of State organs.
(6)
The National Assembly approves declarations of war andextensions of states of emergency.

96. (1) The Senate represents the counties, and serves to protect the interests of the counties and their governments.

(2)The Senate participates in the law-making function ofParliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113.

(3)The Senate determines the allocation of national revenueamong counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.

(4)The Senate participates in the oversight of State officers by

considering and determining any resolution to remove the President or

Deputy President from office in accordance with Article 145.

Part 2—comPosition and memBershiP of Parliament

97. (1) The National Assembly consists of—

(a)
two hundred and ninety members, each elected by theregistered voters of single member constituencies;
(b)
forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
(c)
twelve members nominated by parliamentary politicalparties according to their proportion of members of theNational Assembly in accordance with Article 90, torepresent special interests including the youth, persons with disabilities and workers; and
(d)
the Speaker, who is an ex officio member.
(2)
Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).

98. (1) The Senate consists of—

(a)
forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
(b)
sixteen women members who shall be nominated bypolitical parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
(c)
two members, being one man and one woman, representing the youth;
(d)
two members, being one man and one woman, representing persons with disabilities; and
(e)
the Speaker, who shall be an ex officio member.
(2)
The members referred to in clause (1) (c) and (d) shall be elected in accordance with Article 90.
(3)
Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).

Membership of theNational Assembly.

Membership of theSenate.

Qualifications anddisqualifications for

election as member of Parliament.

99. (1) Unless disqualified under clause (2), a person is eligible

for election as a member of Parliament if the person—

(a)
is registered as a voter;
(b)
satisfies any educational, moral and ethical requirements
prescribed by this Constitution or by an Act of Parliament;
and
(c)
is nominated by a political party, or is an independent
candidate who is supported––
(i)
in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii)
in the case of election to the Senate, by at least twothousand registered voters in the county.

(2) A person is disqualified from being elected a member of

Parliament if the person—

(a) is a State officer or other public officer, other than a member
of Parliament;

(b) has, at any time within the five years immediately

preceding the date of election, held office as a member of the

Independent Electoral and Boundaries Commission;

(c)
has not been a citizen of Kenya for at least the ten years
immediately preceding the date of election;
(d)
is a member of a county assembly;
(e)
is of unsound mind;
(f)
is an undischarged bankrupt;
(g)
is subject to a sentence of imprisonment of at least six
months, as at the date of registration as a candidate, or at
the date of election; or
(h)
is found, in accordance with any law, to have misused or

abused a State office or public office or in any way to have

contravened Chapter Six.

(3) A person is not disqualified under clause (2) unless allpossibility of appeal or review of the relevant sentence or decision has been exhausted.

100. Parliament shall enact legislation to promote the representationin Parliament of—

(a)
women;
(b)
persons with disabilities;
(c)
youth;
(d)
ethnic and other minorities; and
(e)
marginalised communities.

101. (1) A general election of members of Parliament shall be

held on the second Tuesday in August in every fifth year.

(2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) (c), or of the Senate underArticle 98 (1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—

(a)
the Independent Electoral and Boundaries Commission;
and
(b)
the political party on whose party list the member was
elected or nominated.

(3) A vacancy mentioned in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.

(4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97 (1) (a) or (b), or of theSenate elected under Article 98 (1) (a)—

(a)
the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing ofthe vacancy to the Independent Electoral and Boundaries Commission; and
(b)
a by-election shall be held within ninety days of the
occurrence of the vacancy, subject to clause (5).

Promotion of representation ofmarginalised groups.

Election of members of Parliament.

Term of Parliament.

Vacation of office

of member of Parliament.

(5) A vacancy referred to in clause (4) shall not be filled within

the three months immediately before a general election.

102. (1) The term of each House of Parliament expires on the dateof the next general election.

(2) When Kenya is at war, Parliament may, by resolutionsupported in each House by at least two-thirds of all the members of theHouse, from time to time extend the term of Parliament by not more than six months at a time.

(3)The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

103. (1) The office of a member of Parliament becomes vacant—

(a)
if the member dies;
(b)
if, during any session of Parliament, the member is
absent from eight sittings of the relevant House without
permission, in writing, from the Speaker, and is unable to
offer a satisfactory explanation for the absence to the relevant
committee;

(c) if the member is otherwise removed from office under this
Constitution or legislation enacted under Article 80;

(d)
if the member resigns from Parliament in writing to the
Speaker;
(e)
if, having been elected to Parliament––
(i)
as a member of a political party, the member resignsfrom that party or is deemed to have resigned from theparty as determined in accordance with the legislation contemplated in clause (2); or
(ii)
as an independent candidate, the member joins a politicalparty;
(f)
at the end of the term of the relevant House; or
(g)
if the member becomes disqualified for election toParliament under Article 99 (2) (d) to (h).
(3)
Parliament shall enact legislation providing for thecircumstances under which a member of a political party shall bedeemed, for the purposes of clause (1) (e), to have resigned from the party.

104. (1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

(2) Parliament shall enact legislation to provide for the grounds onwhich a member may be recalled and the procedure to be followed.

105. (1) The High Court shall hear and determine any question whether—

(a)
a person has been validly elected as a member of Parliament;
or
(b)
the seat of a member has become vacant.
(2)
A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3)
Parliament shall enact legislation to give full effect to this Article.

Part 3—offices of Parliament

106. (1) There shall be—

(a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from

among persons who are qualified to be elected as members

of Parliament but are not such members; and

(b) a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.

(2) The office of Speaker or Deputy Speaker shall become vacant—

(a) when a new House of Parliament first meets after anelection;

(b) if the office holder, as a member of the relevant House, vacates office under Article 103;

Right of recall.

Determination of questions ofmembership.

Speakers andDeputy Speakers ofParliament.

Presiding in
Parliament.

Party leaders.

Exercise of legislative powers.

(c) if the relevant House so resolves by resolution supported by
the votes of at least two-thirds of its members; or

(d) if the office holder resigns from office in a letter addressed
to the relevant House.

107. (1) At any sitting of a House of Parliament—

(a)
the Speaker presides;
(b)
in the absence of the Speaker, the Deputy Speaker presides;
and
(c)
in the absence of the Speaker and the Deputy Speaker, another
member of the House elected by the House presides.

(2) At a joint sitting of the Houses of Parliament, the Speaker of the National Assembly shall preside, assisted by the Speaker of the Senate.

108. (1) There shall be a leader of the majority party and a leader of the minority party.

(2)
The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.
(3)
The leader of the minority party shall be the person whois the leader in the National Assembly of the second largest party or coalition of parties.
(4)
The following order of precedence shall be observed in the National Assembly––
(a)
the Speaker of the National Assembly;
(b)
the leader of the majority party; and
(c)
the leader of the minority party.

Part 4—Procedures for enactinG leGislation

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

(2)
Any Bill may originate in the National Assembly.
(3)
A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly.
(4)
A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses.
(5)
A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.

110. (1) In this Constitution, “a Bill concerning county

Bills concerninggovernment” means–– county government.

(a)
a Bill containing provisions affecting the functions and
powers of the county governments set out in the Fourth
Schedule;
(b)
a Bill relating to the election of members of a county
assembly or a county executive; and

(c) a Bill referred to in Chapter Twelve affecting the finances
of county governments.

(2)
A Bill concerning county governments is––
(a)
a special Bill, which shall be considered under Article 111,
if it––
(i)
relates to the election of members of a county assembly
or a county executive; or
(ii)
is the annual County Allocation of Revenue Bill mentioned in Article 218; or
(b)
an ordinary Bill, which shall be considered under Article
112, in any other case.
(3)
Before either House considers a Bill, the Speakers of theNational Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.
(4)
When any Bill concerning county government has been passed

Special Billsconcerning countygovernments.

Ordinary Billsconcerning countygovernments.

Mediation committees.

by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House.

(5) If both Houses pass the Bill in the same form, the Speaker ofthe House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.

111. (1) A special Bill concerning a county government shallproceed in the same manner as an ordinary Bill concerning countygovernment, subject to clauses (2) and (3).

(2)
The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.
(3)
If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to thePresident for assent.

112. (1) If one House passes an ordinary Bill concerning counties,and the second House––

(a)
rejects the Bill, it shall be referred to a mediation committeeappointed under Article 113; or
(b)
passes the Bill in an amended form, it shall be referred back
to the originating House for reconsideration.

(2) If, after the originating House has reconsidered a Bill referred back to it under clause (1) (b), that House––

(a)
passes the Bill as amended, the Speaker of that House
shall refer the Bill to the President within seven days for
assent; or
(b)
rejects the Bill as amended, the Bill shall be referred to a
mediation committee under Article 113.

113. (1) If a Bill is referred to a mediation committee under Article112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

(2) If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill.

(3) If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent.

(4)If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.

114. (1) A money Bill may not deal with any matter other than

those listed in the definition of “ a money Bill” in clause (3).

(2) If, in the opinion of the Speaker of the National Assembly,

a motion makes provision for a matter mentioned in the definition of

“a money Bill”, the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for

finance.

(3) In this Constitution, “a money Bill” means a Bill, other than a

Bill specified in Article 218, that contains provisions dealing with—

(a)
taxes;
(b)
the imposition of charges on a public fund or the variation or repeal of any of those charges;
(c)
the appropriation, receipt, custody, investment or issue of public money;
(d)
the raising or guaranteeing of any loan or its repayment; or
(e)
matters incidental to any of those matters.
(4)
In clause (3), “tax”, “public money”, and “loan” do not includeany tax, public money or loan raised by a county.

115. (1) Within fourteen days after receipt of a Bill, the President shall—

(a)
assent to the Bill; or
(b)
refer the Bill back to Parliament for reconsideration byParliament, noting any reservations that the President has concerning the Bill.
(2)
If the President refers a Bill back for reconsideration, Parliamentmay, following the appropriate procedures under this Part—

Money Bills.

Presidential assent and referral.

Coming into forceof laws.

Powers, privilegesand immunities.

(a)
amend the Bill in light of the President’s reservations; or
(b)
pass the Bill a second time without amendment.
(3)
If Parliament amendeds the Bill fully accommodating thePresident’s reservations, the appropriate Speaker shall re-submit it to the President for assent.
(4)
Parliament, after considering the President’s reservations, maypass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported—
(a)
by two-thirds of members of the National Assembly; and
(b)
two-thirds of the delegations in the Senate, if it is a Bill that
requires the approval of the Senate.
(5)
If Parliament has passed a Bill under clause (4)—
(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.
(6)
If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5) (b), the Bill shall be taken to have been assented to on the expiry of that period.

116. (1) A Bill passed by Parliament and assented to by thePresident shall be published in the Gazette as an Act of Parliament within seven days after assent.

(2)
Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.
(3)
An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament.
(4)
Clause (3) does not apply to an interest that members ofParliament have as members of the public.

Part 5—Parliaments General Procedures and rules

117. (1) There shall be freedom of speech and debate in Parliament.

(2) 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, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members.

118. (1) Parliament shall—

(a)
conduct its business in an open manner, and its sittings and those of its committees shall be open to the public; and
(b)
facilitate public participation and involvement in thelegislative and other business of Parliament and itscommittees.
(2)
Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has

determined that there are justifiable reasons for the exclusion.

119. (1) Every person has a right to petition Parliament to considerany matter within its authority, including to enact, amend or repeal any legislation.

(2) Parliament shall make provision for the procedure for the exercise of this right.

120. (1) The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament maybe conducted in English, Kiswahili and Kenyan Sign language.

(2) In case of a conflict between different language versions of an

Act of Parliament, the version signed by the President shall prevail.

121. The quorum of Parliament shall be––

(a)
fifty members, in the case of the National Assembly; or
(b)
fifteen members, in the case of the Senate.

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

(2)
On a question proposed for decision in either House—
(a)
the Speaker has no vote; and

Public access and participation.

Right to petitionParliament.

Official languages of

Parliament.

Quorum.

Voting in Parliament.

(b) in the case of a tie, the question is lost.

(3)
Amember shall not vote on any question in which the memberhas a pecuniary interest.
(4)
In reckoning the number of members of a House of Parliamentfor any purpose of voting in that House, the Speaker of that House shall not be counted as a member.

Decisions of Senate. 123. (1) On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under Article 98 (1) (a) shall be the head of the delegation.

(2)
When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties.
(3)
When the Senate votes on a matter that does not affect counties,each senator has one vote.
(4)
Except as provided otherwise in this Constitution, in anymatter in the Senate affecting counties—
(a)
each county delegation shall have one vote to be cast on behalf of the county by the head of the county delegationor, in the absence of the head of the delegation, by another member of the delegation designated by the head of thedelegation;
(b)
the person who votes on behalf of a delegation shalldetermine whether or not to vote in support of, or against, thematter, after consulting the other members of the delegation;and
(c)
the matter is carried only if it is supported by a majority ofall the delegations.

Committees and 124. (1) Each House of Parliament may establish committees, and

Standing Orders. shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.

(2) Parliament may establish joint committees consisting ofmembers of both Houses and may jointly regulate the procedure of those committees.

(3)
The proceedings of either House are not invalid just because of—
(a)
a vacancy in its membership; or
(b)
the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of theHouse.
(4)
When a House of Parliament considers any appointmentfor which its approval is required under this Constitution or an Act of Parliament––
(a)
the appointment shall be considered by a committee of the relevant House;
(b)
the committee’s recommendation shall be tabled in theHouse for approval; and
(c)
the proceedings of the committee and the House shall be open to the public.

125. (1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose ofgiving evidence or providing information.

(2)
For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court—
(a)
to enforce the attendance of witnesses and examine them

on oath, affirmation or otherwise;

(b)
to compel the production of documents; and
(c)
to issue a commission or request to examine witnesses
abroad.

Part 6—miscellaneous

126. (1) A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints.

(2) Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the newHouse, which shall be not more than thirty days after the election.

127. (1) There is established the Parliamentary ServiceCommission.

Power to call for evidence.

Location of sittingsof Parliament.

ParliamentaryService Commission.

(2)
The Commission consists of—
(a)
the Speaker of the National Assembly, as chairperson;
(b)
a vice-chairperson elected by the Commission from themembers appointed under paragraph (c);
(c)
seven members appointed by Parliament from among its members of whom—
(i)
four shall be nominated equally from both Houses by theparty or coalition of parties forming the national government, of whom at least two shall be women; and
(ii)
three shall be nominated by the parties not formingthe national government, at least one of whom shall be nominated from each House and at least one of whom shall be a woman; and
(d)
one man and one woman appointed by Parliament from among persons who are experienced in public affairs, but are not members of Parliament.
(3)
The Clerk of the Senate shall be the Secretary to theCommission.
(4) A member of the Commission shall vacate office—
(a)
if the person is a member of Parliament—
(i)
at the end of the term of the House of which the person is a member; or
(ii)
if the person ceases to be a member of Parliament; or
(b)
if the person is an appointed member, on revocation of the person’s appointment by Parliament.
(5)
Despite clause (4), when the term of a House of Parliamentends, a member of the Commission appointed under clause (2) (c)

shall continue in office until a new member has been appointed in the

member’s place by the next House.

(6) The Commission is responsible for—

(a) providing services and facilities to ensure the efficient and effective functioning of Parliament;

(b) constituting offices in the parliamentary service, and

appointing and supervising office holders;

(c)
preparing annual estimates of expenditure of the parliamentaryservice and submitting them to the National Assemblyfor approval, and exercising budgetary control over theservice;
(d)
undertaking, singly or jointly with other relevantorganisations, programmes to promote the ideals ofparliamentary democracy; and
(e)
performing other functions—
(i)
necessary for the well-being of the members and staff of Parliament; or
(ii)
prescribed by national legislation.

128. (1) There shall be a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the relevant House.

(2)The offices of the Clerks and offices of members of the staff of the Clerks shall be offices in the Parliamentary Service.

CHAPTER NINE—THE EXECUTIVE

Part 1—PrinciPles and structure of the national executive

129. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.

(2) Executive authority shall be exercised in a manner compatiblewith the principle of service to the people of Kenya, and for their well

being and benefit.

130. (1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.

(2) The composition of the national executive shall reflect the

regional and ethnic diversity of the people of Kenya.

Part 2—the President and dePuty President

131. (1) The President—

(a) is the Head of State and Government;

Clerks and staff of Parliament.

Principles ofexecutive authority.

The National Executive.

Authority of thePresident

(b)
exercises the executive authority of the Republic, withthe assistance of the Deputy President and CabinetSecretaries;
(c)
is the Commander-in-Chief of the Kenya Defence Forces;
(d)
is the chairperson of the National Security Council; and
(e)
is a symbol of national unity.
(2)
The President shall—
(a)
respect, uphold and safeguard this Constitution;
(b)
safeguard the sovereignty of the Republic;
(c)
promote and enhance the unity of the nation;
(d)
promote respect for the diversity of the people andcommunities of Kenya; and
(e)
ensure the protection of human rights and fundamentalfreedoms and the rule of law.

(3) The President shall not hold any other State or public office.

Functions of the 132. (1) The President shall— President.

(a)
address the opening of each newly elected Parliament;
(b)
address a special sitting of Parliament once every year and may address Parliament at any other time; and
(c)
once every year—
(i)
report, in an address to the nation, on all the measurestaken and the progress achieved in the realisation of the national values, referred to in Article 10;
(ii)
publish in the Gazette the details of the measures and progress under sub-paragraph (i); and

(iii) submit a report for debate to the National Assembly on the progress made in fulfilling the internationalobligations of the Republic.

(2)
The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss—
(a)
the Cabinet Secretaries, in accordance with Article 152;
(b)
the Attorney-General, in accordance with Article 156;
(c)
the Secretary to the Cabinet in accordance with Article
154;
(d)
Principal Secretaries in accordance with Article 155;
(e)
high commissioners, ambassadors and diplomatic and
consular representatives; and
(f)
in accordance with this Constitution, any other State or

public officer whom this Constitution requires or empowers

the President to appoint or dismiss.

(3)
The President shall—
(a)
chair Cabinet meetings;
(b)
direct and co-ordinate the functions of ministries and
government departments; and
(c)
by a decision published in the Gazette, assign responsibility
for the implementation and administration of any Act
of Parliament to a Cabinet Secretary, to the extent not
inconsistent with any Act of Parliament.
(4)
The President may—
(a)
perform any other executive function provided for in this
Constitution or in national legislation and, except as otherwise

provided for in this Constitution, may establish an office in

the public service in accordance with the recommendation
of the Public Service Commission;

(b)
receive foreign diplomatic and consular representatives;
(c)
confer honours in the name of the people and the
Republic;
(d)
subject to Article 58, declare a state of emergency; and
(e)
with the approval of Parliament, declare war.

Power of mercy.

Exercise of presidential powersduring temporaryincumbency.

(5) The President shall ensure that the international obligations

of the Republic are fulfilled through the actions of the relevant Cabinet

Secretaries.

133. (1) On the petition of any person, the President may exercisea power of mercy in accordance with the advice of the AdvisoryCommittee established under clause (2), by—

(a)
granting a free or conditional pardon to a person convicted
of an offence;
(b)
postponing the carrying out of a punishment, either for a

specified or indefinite period;

(c)
substituting a less severe form of punishment; or
(d)
remitting all or part of a punishment.

(2) There shall be an Advisory Committee on the Power of Mercy,comprising—

(a)
the Attorney-General;
(b)
the Cabinet Secretary responsible for correctional services;
and

(c) at least five other members as prescribed by an Act ofParliament, none of whom may be a State officer or in

public service.

(3)
Parliament shall enact legislation to provide for—
(a)
the tenure of the members of the Advisory Committee;
(b)
the procedure of the Advisory Committee; and
(c)
criteria that shall be applied by the Advisory Committee in
formulating its advice.

(4) The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President.

134. (1) A person who holds the office of President or who is

authorised in terms of this Constitution to exercise the powers of the President —

(a) during the 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 absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President specified in clause (2).

(2)
The powers referred to in clause (1) are—
(a)
the nomination or appointment of the judges of the superior courts;
(b)
the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;
(c)
the nomination or appointment or dismissal of Cabinet

Secretaries and other State or Public officers;

(d)
the nomination or appointment or dismissal of a high
commissioner, ambassador, or diplomatic or consular
representative;
(e)
the power of mercy; and
(f)
the authority to confer honours in the name of the people and the Republic.
  1. A decision of the President in the performance of any functionof the President under this Constitution shall be in writing and shall bear the seal and signature of the President.
  2. (1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.
(2)
An election of the President shall be held––
(a)
on the same day as a general election of Members ofParliament, being the second Tuesday in August, in every
(b)
in the circumstances contemplated in Article 146.

fifth year; or

Decisions of the President.

Election of the President.

Qualifications anddisqualifications for

election as President.

Procedure at presidential election.

137. (1) A person qualifies for nomination as a presidential

candidate if the person—

(a)
is a citizen by birth;
(b)
is qualified to stand for election as a member of
Parliament;
(c)
is nominated by a political party, or is an independentcandidate; and
(d)
is nominated by not fewer than two thousand voters from each of a majority of the counties.

(2) A person is not qualified for nomination as a presidential

candidate if the person—

(a) owes allegiance to a foreign state; or

(b) is a public officer, or is acting in any State or other public office.

(3)
Clause (2) (b) shall not apply to—
(a)
the President;
(b)
the Deputy President; or
(c)
a member of Parliament.

138. (1) If only one candidate for President is nominated, that candidate shall be declared elected.

(2) If two or more candidates for President are nominated, an election shall be held in each constituency.

(3)
In a presidential election—
(a)
all persons registered as voters for the purposes ofparliamentary elections are entitled to vote;
(b)
the poll shall be taken by secret ballot on the day specified in Article 101 (1) at the time, in the places and in the manner prescribed under an Act of Parliament; and
(c)
after counting the votes in the polling stations, the

Independent Electoral and Boundaries Commission shall
tally and verify the count and declare the result.

(4)
A candidate shall be declared elected as President if thecandidate receives—
(a)
more than half of all the votes cast in the election; and

(b) at least twenty-five per cent of the votes cast in each of more
than half of the counties.

(5)
If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be—
(a)
the candidate, or the candidates, who received the greatest
number of votes; and
(b)
the candidate, or the candidates, who received the second
greatest number of votes.
(6)
If more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) (a).
(7)
The candidate who receives the most votes in the fresh electionshall be declared elected as President.
(8)
A presidential election shall be cancelled and a new election held if—
(a)
no person has been nominated as a candidate before the
expiry of the period set for the delivery of nominations;
(b)
a candidate for election as President or Deputy President
dies on or before the scheduled election date; or
(c)
a candidate who would have been entitled to be declared
elected as President, dies before being declared elected as
President.
(9)
A new presidential election under clause (8) shall be held withinsixty days after the date set for the previous presidential election.
(10)
Within seven days after the presidential election, thechairperson of the Independent Electoral and Boundaries Commission shall—

Death before

assuming office.

Questions asto validity ofpresidential election.

Assumption of office

of President.

(a) declare the result of the election; and

(b) deliver a written notification of the result to the Chief Justice
and the incumbent President.

139. (1) If a President-elect dies after being declared elected as

President, but before assuming office––

(a) the Deputy President-elect shall be sworn in as acting
President on the date on which the President-elect would
otherwise have been sworn-in; and

(b) a fresh election to the office of President shall be held within
sixty days after the death of the President-elect.

(2) If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumptionof office by the person declared elected as the President.

(3) If both the persons declared elected as the President and the

Deputy President die before assuming office––

(a)
the Speaker of the National Assembly shall act as President
from the date on which the President-elect would otherwise
have been sworn-in; and
(b)
a fresh presidential election shall be conducted within sixty
days after the second death.

140. (1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.

(2) Within fourteen days after the filing of a petition under clause

(1), the Supreme Court shall hear and determine the petition and its

decision shall be final.

(3) If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination.

141. (1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.

(2) The President-elect shall be sworn in on the first Tuesday

following––

(a) the fourteenth day after the date of the declaration of the

result of the presidential election, if no petition has been filed

under Article 140; or

(b) the seventh day following the date on which the court renders
a decision declaring the election to be valid, if any petition

has been filed under Article 140.

(3) The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the ThirdSchedule.

(4) Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect.

142. (1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when theperson next elected President in accordance with Article 136 (2) (a) is sworn in.

(2) A person shall not hold office as President for more than two

terms.

143. (1) Criminal proceedings shall not be instituted or continuedin any court against the President or a person performing the functions of that office, during their tenure of office.

(2) Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that officeduring their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution.

(3) Where provision is made in law limiting the time withinwhich proceedings under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law.

(4) The immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under anytreaty to which Kenya is party and which prohibits such immunity.

144. (1) A member of the National Assembly, supported by at leasta quarter of all the members, may move a motion for the investigation

Term of office of

President.

Protection from legalproceedings.

Removal of President on grounds ofincapacity.

of the President’s physical or mental capacity to perform the functions

of office.

(2) If a motion under clause (1) is supported by a majority of all the members of the National Assembly—

(a)
the Speaker shall inform the Chief Justice of that resolutionwithin two days; and
(b)
the President shall continue to perform the functions of the

office pending the outcome of the proceedings required by

this Article.

(3)
Within seven days after receiving notice of the resolution fromthe Speaker, the Chief Justice shall appoint a tribunal consisting of—
(a)
three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice ofmedicine;
(b)
one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and
(c)
one person nominated by the President.
(4)
If the Chief Justice is unable to appoint a tribunal under clause(3), the Deputy Chief Justice shall appoint such a tribunal.
(5)
If the President is unable to nominate the person required to benominated under clause (3) (c), the person shall be nominated by––
(a)
a member of the family of the President; or
(b)
if no such member is willing or able to make the nomination,by a close relative of the President.
(6)
The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speakerof the National Assembly.
(7)
The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.

(8) The report of the tribunal shall be final and not subject to appeal

and if the tribunal reports that the President is capable of performing

the functions of the office, the Speaker of the National Assembly shall

so announce in the National Assembly.

(9) If the tribunal reports that the President is incapable of

performing the functions of the office, the National Assembly shall vote

on whether to ratify the report.

(10) If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold

office.

145. (1) A member of the National Assembly, supported by at leastRemoval of President a third of all the members, may move a motion for the impeachment by impeachment.of the President—

(a)
on the ground of a gross violation of a provision of this
Constitution or of any other law;
(b)
where there are serious reasons for believing that the
President has committed a crime under national or
international law; or
(c)
for gross misconduct.
(2)
If a motion under clause (1) is supported by at least two-thirdsof all the members of the National Assembly—
(a)
the Speaker shall inform the Speaker of the Senate of that
resolution within two days; and
(b)
the President shall continue to perform the functions of the

office pending the outcome of the proceedings required by

this Article.

(3)
Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—
(a)
the Speaker of the Senate shall convene a meeting of the
Senate to hear charges against the President; and
(b)
the Senate, by resolution, may appoint a special committee
comprising eleven of its members to investigate the
matter.
(4)
A special committee appointed under clause (3) (b) shall—
(a)
investigate the matter; and
(b)
report to the Senate within ten days 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 representedbefore the special committee during its investigations.
(6)
If the special committee reports that the particulars of any allegation against the President—
(a)
have not been substantiated, further proceedings shall not betaken under this Article in respect of that allegation; or
(b)
have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.
(7)
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold

office.

146. (1) The office of President shall become vacant if the holder

Vacancy in the office

of the office—

of President.

(a)
dies;
(b)
resigns, in writing, addressed to the Speaker of the National Assembly; or
(c)
otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.
(2)
When a vacancy occurs in the office of President—
(a)
the Deputy President shall assume office as President for the remainder of the term of the President; or
(b)
if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the

Speaker of the National Assembly shall act as President and

an election to the office of President shall be held within sixty

days after the vacancy arose in the office of President.

(3) A person who assumes the office of President under clause

(2) (a), or following an election required by clause (2) (b), shall, unless

otherwise removed from office under this Constitution, hold office

until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2) (a).

(4)
If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)—
(a)
to have served a full term as President if, at the date on

which the person assumed office, more than two and a half

years remain before the date of the next regularly scheduled
election under Article 136 (2) (a); or

(b) not to have served a term of office as President, in any
other case.

147. (1) The Deputy President shall be the principal assistant of Functions of the the President and shall deputise for the President in the execution of Deputy President.the President’s functions.

(2)
The Deputy President shall perform the functions conferredby this Constitution and any other functions of the President as the President may assign.
(3)
Subject to Article 134, when the President is absent or istemporarily incapacitated, and during any other period that the Presidentdecides, the Deputy President shall act as the President.
(4)
The Deputy President shall not hold any other State or public

office.

148. (1) Each candidate in a presidential election shall nominate Election anda person who is qualified for nomination for election as President, as a swearing in ofcandidate for Deputy President. Deputy President.

(2)
For the purposes of clause (1), there shall be no separatenomination process for the Deputy President and Article 137 (1) (d)shall not apply to a candidate for Deputy President.
(3)
The Independent Electoral and Boundaries Commission shalldeclare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
(4)
The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.

Vacancy in the office

of Deputy President.

(5) The Deputy President-elect assumes office by taking and

subscribing—

(a)
the oath or affirmation of allegiance; and
(b)
the oath or affirmation for the execution of the functions of office,

as prescribed in the Third Schedule.

(6)The term of office of the Deputy President shall run from the

date of the swearing in of the Deputy President, and shall end—

(a) when the person next elected President at an election under Article 136 (2) (a) is sworn in;

(b)
on the Deputy President assuming the office of President; or
(c)
on resignation, death or removal from office of the Deputy President.
(7)
The Deputy President may resign from office at any time by

notice, in writing, addressed to the President and the resignation shall

take effect on the date and at the time specified in the notice, if any, or ifa date is not specified, at noon on the day after the notice is delivered.

(8) A person shall not hold office as Deputy President for more

than two terms.

149. (1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.

(2) If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148 (8), the person shall bedeemed—

(a) to have served a full term as Deputy President if, at the date

on which the person assumed office, more than two and a half

years remain before the date of the next regularly scheduled

election under Article 136 (2) (a); or

(b) not to have served a term of office as Deputy President, in any other case.

150. (1) The Deputy President may be removed from office—

(a) on the ground of physical or mental incapacity to perform

the functions of the office; or

(b)
on impeachment—
(i)
on the ground of a gross violation of a provision of this Constitution or any other law;
(ii)
where there are serious reasons to believe that the DeputyPresident has committed a crime under national or international law; or

(iii) for gross misconduct.

(2) The provisions of Articles 144 and 145 relating to the removal

of the President shall apply, with the necessary modifications, to the

removal of the Deputy President.

151. (1) The remuneration and benefits payable to the President

and the Deputy President shall be a charge on the Consolidated Fund.

(2) The remuneration, benefits and privileges of the President

and Deputy President shall not be varied to their disadvantage while

in office.

(3) The retirement benefits payable to a former President and a former Deputy President, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime.

Part 3 – the caBinet

152. (1) The Cabinet consists of—

(a)
the President;
(b)
the Deputy President;
(c)
the Attorney-General; and
(d)
not fewer than fourteen and not more than twenty-two
Cabinet Secretaries.
(2)
The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.

Removal of DeputyPresident.

Remuneration

and benefits of

President and DeputyPresident.

Cabinet.

(3)
A Cabinet Secretary shall not be a Member of Parliament.
(4)
Each person appointed as a Cabinet Secretary—
(a)
assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to thisConstitution, before the President and in accordance with the Third Schedule; and
(b)
may resign by delivering a written statement of resignation to the President.
(5)
The President––
(a)
may re-assign a Cabinet Secretary;
(b)
may dismiss a Cabinet Secretary; and
(c)
shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10).

(6)A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary—

(a)
on the ground of a gross violation of a provision of this Constitution or of any other law;
(b)
where there are serious reasons for believing that theCabinet Secretary has committed a crime under national or international law; or
(c)
for gross misconduct.

(7) If a motion under clause (6) is supported by at least one-thirdof the members of the National Assembly—

(a)
the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and
(b)
the select committee shall, within ten days, report to the

Assembly whether it finds the allegations against the Cabinet

Secretary to be substantiated.

(8) The Cabinet Secretary has the right to appear and berepresented before the select committee during its investigations.

(9) If the select committee reports that it finds the allegations

(a)
unsubstantiated, no further proceedings shall be taken; or
(b)
substantiated, the National Assembly shall––
(i)
afford the Cabinet Secretary an opportunity to be heard; and
(ii)
vote whether to approve the resolution requiring theCabinet Secretary to be dismissed.
(10)
If a resolution under clause (9) (b) (ii) requiring the Presidentto dismiss a Cabinet Secretary is supported by a majority of the membersof the National Assembly––
(a)
the Speaker shall promptly deliver the resolution to thePresident; and
(b)
the President shall dismiss the Cabinet Secretary.

153. (1) A decision by the Cabinet shall be in writing.

(2)
Cabinet Secretaries are accountable individually, andcollectively, to the President for the exercise of their powers and the performance of their functions.
(3)
A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.
(4)
Cabinet Secretaries shall––
(a)
act in accordance with this Constitution; and
(b)
provide Parliament with full and regular reports concerningmatters under their control.

154. (1) There is established the office of Secretary to the Cabinet,which is an office in the public service.

(2)
The Secretary to the Cabinet shall—
(a)
be nominated and, with the approval of the National
Assembly, appointed by the President; and

Decisions,responsibility andaccountability of theCabinet.

Secretary to theCabinet.

(b)
may be dismissed by the President.
(3)
The Secretary to the Cabinet shall—

(a) have charge of the Cabinet office;

(b)
be responsible, subject to the directions of the Cabinet,for arranging the business, and keeping the minutes, of the Cabinet;
(c)
convey the decisions of the Cabinet to the appropriatepersons or authorities; and
(d)
have other functions as directed by the Cabinet.

(4) The Secretary to the Cabinet may resign from office by giving

notice, in writing, to the President.

Principal Secretaries. 155. (1) There is established the office of Principal Secretary, which is an office in the public service.

(2) Each State department shall be under the administration of a Principal Secretary.

(3)
The President shall—
(a)
nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and
(b)
with the approval of the National Assembly, appointPrincipal Secretaries.
(4)
The President may re-assign a Principal Secretary.

(5) A Principal Secretary may resign from office by giving notice,

in writing, to the President.

Part 4—other offices

Attorney-General. 156. (1) There is established the office of Attorney-General.

(2) The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by thePresident.

(3) The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.

(4)
The Attorney-General—
(a)
is the principal legal adviser to the Government;
(b)
shall represent the national government in court or in any
other legal proceedings to which the national government is
a party, other than criminal proceedings; and

(c) shall perform any other functions conferred on the office by
an Act of Parliament or by the President.

(5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.

(6)The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.

(7) The powers of the Attorney-General may be exercised in

person or by subordinate officers acting in accordance with general or

special instructions.

157. (1) There is established the office of Director of PublicDirector of Public Prosecutions. Prosecutions.

(2)
The Director of Public Prosecutions shall be nominatedand, with the approval of the National Assembly, appointed by thePresident.
(3) The qualifications for appointment as Director of PublicProsecutions are the same as for the appointment as a judge of theHigh Court.
(4)
The Director of Public Prosecutions shall have power to directthe Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-Generalshall comply with any such direction.

(5) The Director of Public Prosecutions shall hold office for a term

of eight years and shall not be eligible for re-appointment.

(6)
The Director of Public Prosecutions shall exercise State powersof prosecution and may—
(a)
institute and undertake criminal proceedings against any person before any court (other than a court martial) in respectof any offence alleged to have been committed;
(b)
take over and continue any criminal proceedings commencedin any court (other than a court martial) that have beeninstituted or undertaken by another person or authority, with the permission of the person or authority; and
(c)
subject to clause (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by theDirector of Public Prosecutions under paragraph (b).
(7)
If the discontinuance of any proceedings under clause (6)

(c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.

(8)The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court.

(9) The powers of the Director of Public Prosecutions may be

exercised in person or by subordinate officers acting in accordance with

general or special instructions.

(10)
The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.
(11)
In exercising the powers conferred by this Article, theDirector of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
(12)
Parliament may enact legislation conferring powersof prosecution on authorities other than the Director of PublicProsecutions.

Removal and 158. (1) The Director of Public Prosecutions may be removed resignation of from office only on the grounds of—Director of Public

Prosecutions. (a) inability to perform the functions of office arising frommental or physical incapacity;

(b)
non-compliance with Chapter Six;
(c)
bankruptcy;
(d)
incompetence; or
(e)
gross misconduct or misbehaviour.
(2)
A person desiring the removal of the Director of PublicProsecutions may present a petition to the Public Service Commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Director.
(3)
The Public 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 President.

(4) On receipt and examination of the petition, the President shall,within fourteen days, suspend the Director of Public Prosecutions fromoffice pending action by the President in accordance with clause (5) and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of—

(a) four members from among persons who hold or have held

office as a judge of a superior court, or who are qualified to

be appointed as such;

(b)
one advocate of at least fifteen years’standing nominated by
the statutory body responsible for the professional regulation
of advocates; and
(c)
two other persons with experience in public affairs.
(5)
The tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the President, who shall act in accordance with the recommendations of the tribunal.

(6) A Director of Public Prosecutions who is suspended from office under clause (4) shall be entitled to half of their remuneration until removed from, or reinstated in, office.

(7)
A tribunal appointed under clause (4) shall elect a chairperson from among its members.
(8)
A tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings.

(9) The Director of Public Prosecutions may resign from office

by giving notice, in writing, to the President.

Judicial authority.

Independence of theJudiciary.

CHAPTER TEN—JUDICIARY

Part 1—Judicial authority and leGal system

159. (1) Judicial authority is derived from the people and vestsin, and shall be exercised by, the courts and tribunals established by or under this Constitution.

(2)
In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
(a)
justice shall be done to all, irrespective of status;
(b)
justice shall not be delayed;
(c)
alternative forms of dispute resolution includingreconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
(d)
justice shall be administered without undue regard toprocedural technicalities; and
(e)
the purpose and principles of this Constitution shall beprotected and promoted.
(3)
Traditional dispute resolution mechanisms shall not be used in a way that—
(a)
contravenes the Bill of Rights;
(b)
is repugnant to justice and morality or results in outcomesthat are repugnant to justice or morality; or
(c)
is inconsistent with this Constitution or any written law.

160. (1) In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.

(2) The office of a judge of a superior court shall not be abolished while there is a substantive holder of the office.

(3) The remuneration and benefits payable to or in respect of judges shall be a charge on the Consolidated Fund.

(4) Subject to Article 168(6), the remuneration and benefits payable

to, or in respect of, a judge shall not be varied to the disadvantage of

that judge, and the retirement benefits of a retired judge shall not be

varied to the disadvantage of the retired judge during the lifetime of that retired judge.

(5) A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

161. (1) The Judiciary consists of the judges of the superior courts,

magistrates, other judicial officers and staff.

(2) There is established the office of––

(a)
Chief Justice, who shall be the Head of the Judiciary;
(b)
Deputy Chief Justice, who shall be the Deputy Head of the Judiciary; and
(c)
Chief Registrar of the Judiciary, who shall be the chief

administrator and accounting officer of the Judiciary.

(3) The Judicial Service Commission may establish other offices

of registrar as may be necessary.

162. (1) The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause (2).

(2)
Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to—
(a)
employment and labour relations; and
(b)
the environment and the use and occupation of, and title to, land.
(3)
Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2).
(4)
The subordinate courts are the courts established under Article169, or by Parliament in accordance with that Article.

Part 2—suPerior courts

Judicial offices and officers.

System of courts.

163. (1) There is established the Supreme Court, which shall Supreme Court.consists of—

(a)
the Chief Justice, who shall be the president of the court;
(b)
the Deputy Chief Justice, who shall—
(i)
deputise for the Chief Justice; and
(ii)
be the vice-president of the court; and

(c) five other judges.

(2) The Supreme Court shall be properly constituted for the

purposes of its proceedings if it is composed of five judges.

(3)
The Supreme Court shall have—
(a)
exclusive original jurisdiction to hear and determine disputes

relating to the elections to the office of President arising

under Article 140; and

(b)
subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals from—
(i)
the Court of Appeal; and
(ii)
any other court or tribunal as prescribed by nationallegislation.

(4) Appeals shall lie from the Court of Appeal to the Supreme Court—

(a)
as of right in any case involving the interpretation orapplication of this Constitution; and
(b)
in any other case in which the Supreme Court, or the Court

ofAppeal, certifies that a matter of general public importance

is involved, subject to clause (5).

(5) A certification by the Court of Appeal under clause (4) (b)may be reviewed by the Supreme Court, and either affirmed, varied

or overturned.

(6) The Supreme Court may give an advisory opinion at the requestof the national government, any State organ, or any county government with respect to any matter concerning county government.

(7) All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court.

(8)
The Supreme Court shall make rules for the exercise of its jurisdiction.
(9)
An Act of Parliament may make further provision for theoperation of the Supreme Court.

164. (1) There is established the Court of Appeal, which—

(a)
shall consist of the number of judges, being not fewer than twelve, as may be prescribed by an Act of Parliament; and
(b)
shall be organised and administered in the manner prescribed
by an Act of Parliament.
(2)
There shall be a president of the Court of Appeal who shall be elected by the judges of the Court of Appeal from among themselves.
(3)
The Court of Appeal has jurisdiction to hear appeals from—
(a)
the High Court; and
(b)
any other court or tribunal as prescribed by an Act of
Parliament.

165. (1) There is established the High Court, which—

(a)
shall consist of the number of judges prescribed by an Act of Parliament; and
(b)
shall be organised and administered in the manner prescribed
by an Act of Parliament.
(2)
There shall be a Principal Judge of the High Court, who shallbe elected by the judges of the High Court from among themselves.
(3)
Subject to clause (5), the High Court shall have—
(a)
unlimited original jurisdiction in criminal and civil
matters;
(b)
jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
(c)
jurisdiction to hear an appeal from a decision of a tribunal

Court of Appeal.

High Court.

appointed under this Constitution to consider the removal of

a person from office, other than a tribunal appointed under

Article 144;

(d)
jurisdiction to hear any question respecting the interpretationof this Constitution including the determination of—
(i)
the question whether any law is inconsistent with or incontravention of this Constitution;
(ii)
the question whether anything said to be done under the authority of this Constitution or of any law is inconsistentwith, or in contravention of, this Constitution;

(iii) any matter relating to constitutional powers of Stateorgans in respect of county governments and any matter relating to the constitutional relationship between thelevels of government; and

(iv) a question relating to conflict of laws under Article

191; and

(e) any other jurisdiction, original or appellate, conferred on it by legislation.

(4) Any matter certified by the court as raising a substantial

question of law under clause (3) (b) or (d) shall be heard by an uneven number of judges, being not less than three, assigned by the ChiefJustice.

(5)
The High Court shall not have jurisdiction in respect of matters—
(a)
reserved for the exclusive jurisdiction of the Supreme Courtunder this Constitution; or
(b)
falling within the jurisdiction of the courts contemplated in Article 162 (2).
(6)
The High Court has supervisory jurisdiction over thesubordinate courts and over any person, body or authority exercising ajudicial or quasi-judicial function, but not over a superior court.
(7)
For the purposes of clause (6), the High Court may call for therecord of any proceedings before any subordinate court or person, bodyor authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration

of justice.

166. (1) The President shall appoint—

(a)
the Chief Justice and the Deputy Chief Justice, in accordance
with the recommendation of the Judicial Service Commission,
and subject to the approval of the National Assembly; and
(b)
all other judges, in accordance with the recommendation of the Judicial Service Commission.
(2)
Each judge of a superior court shall be appointed from among persons who—
(a)
hold a law degree from a recognised university, or areadvocates of the High Court of Kenya, or possess an

equivalent qualification in a common-law jurisdiction;

(b)
possess the experience required under clause (3) to (6)as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-lawjurisdiction; and
(c)
have a high moral character, integrity and impartiality.
(3)
The Chief Justice and other judges of the Supreme Court shallbe appointed from among persons who have—
(a)
at least fifteen years experience as a superior court judge; or
(b)
at least fifteen years’experience as a distinguished academic,judicial officer, legal practitioner or such experience in otherrelevant legal field; or
(c)
held the qualifications mentioned in paragraphs (a) and (b)for a period amounting, in the aggregate, to fifteen years;
(4)
Each judge of the Court of Appeal shall be appointed from among persons who have—
(a)
at least ten years’ experience as a superior court judge; or
(b)
at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant

legal field; or

Appointment ofChief Justice, DeputyChief Justice and other judges.

(c) held the qualifications mentioned in paragraphs (a) and (b)for a period amounting, in the aggregate, to ten years.

(5) Each judge of the High Court shall be appointed from among persons who have—

(a) at least ten years’ experience as a superior court judge or

professionally qualified magistrate; or

(b) at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant

legal field; or

(c) held the qualifications specified in paragraphs (a) and (b)for a period amounting, in the aggregate, to ten years.

Tenure of office of 167. (1) A judge shall retire from office on attaining the age of

the Chief Justice and seventy years, but may elect to retire at any time after attaining the age other judges. of sixty-five years.

(2) The Chief Justice shall hold office for a maximum of ten years

or until retiring under clause (1), whichever is the earlier.

(3) If the Chief Justice’s term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office

as a judge of the Supreme Court.

(4) If, on the expiry of the term of office of a Chief Justice, the

Chief Justice opts to remain on the Supreme Court under clause (3), thenext person appointed as Chief Justice may be selected in accordance with Article 166 (1), even though that appointment may result in there being more than the maximum permitted number of Supreme Court

judges holding office.

(5) The Chief Justice and any other judge may resign from office

by giving notice, in writing, to the President.

Removal from office. 168. (1) A judge of a superior court may be removed from office

only on the grounds of—

(a) inability to perform the functions of office arising frommental or physical incapacity;

(b)
a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament;
(c)
bankruptcy;
(d)
incompetence; or
(e)
gross misconduct or misbehaviour.
(2)
The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.
(3)
A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged factsconstituting the grounds for the judges removal.
(4)
The Judicial Service Commission shall consider the petition

and, if it is satisfied that the petition discloses a ground for removal

under clause (1), send the petition to the President.

(5) The President shall, within fourteen days after receiving the

petition, suspend the judge from office and, acting in accordance with

the recommendation of the Judicial Service Commission—

(a)
in the case of the Chief Justice, appoint a tribunal consistingof—
(i)
the Speaker of the National Assembly, as chairperson;
(ii)
three superior court judges from common-law jurisdictions;

(iii) one advocate of fifteen years standing; and

(iv)
two other persons with experience in public affairs; or
(b)
in the case of a judge other than the Chief Justice, appointa tribunal consisting of—
(i)
a chairperson and three other members from among

persons who hold or have held office as a judge of a

superior court, or who are qualified to be appointed as

such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years;

(ii) one advocate of fifteen years standing; and

(iii) two other persons with experience in public affairs.

(6) Despite Article 160 (4), the remuneration and benefits payableto a judge who is suspended from office under clause (5) shall be

adjusted to one half until such time as the judge is removed from, or

reinstated in, office.

(7)
A tribunal appointed under clause (5) shall—
(a)
be responsible for the regulation of its proceedings, subject to any legislation contemplated in clause (10); and
(b)
inquire into the matter expeditiously and report on the facts and make binding recommendations to the President.
(8)
A judge who is aggrieved by a decision of the tribunal under this Article may appeal against the decision to the Supreme Court, withinten days after the tribunal makes its recommendations.
(9)
The President shall act in accordance with the recommendationsmade by the tribunal on the later of—
(a)
the expiry of the time allowed for an appeal under clause (8), if no such appeal is taken; or
(b)
the completion of all rights of appeal in any proceedings allowed for under clause (8), if such an appeal is takenand the final order in the matter affirms the tribunal’s recommendations.
(10)
Parliament shall enact legislation providing for the procedureof a tribunal appointed under this Article.

Part 3—suBordinate courts

Subordinate courts. 169. (1) The subordinate courts are—

(a)
the Magistrates courts;
(b)
the Kadhis’ courts;
(c)
the Courts Martial; and
(d)
any other court or local tribunal as may be established by an Act of Parliament, other than the courts established as required by Article 162 (2).

(2) Parliament shall enact legislation conferring jurisdiction,functions and powers on the courts established under clause (1).

170. (1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under anAct of Parliament.

(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person—

(a)
professes the Muslim religion; and
(b)
possesses such knowledge of the Muslim law applicable to

any sects of Muslims as qualifies the person, in the opinion of

the Judicial Service Commission, to hold a Kadhi’s court.

(3)
Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
(4)
The Chief Kadhi and the other Kadhis, or the Chief Kadhi andsuch of the other Kadhis (not being fewer than three in number) as maybe prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5)
The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’scourts.

Part 4—Judicial service commission

171. (1) There is established the Judicial Service Commission.

(2)
The Commission shall consist of—
(a)
the Chief Justice, who shall be the chairperson of theCommission;
(b)
one Supreme Court judge elected by the judges of theSupreme Court;
(c)
one Court of Appeal judge elected by the judges of theCourt of Appeal;
(d)
one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;

Kadhis’ Courts.

Establishment of the Judicial Service Commission.

Functions of the Judicial Service Commission.

(e)
the Attorney-General;
(f)
two advocates, one a woman and one a man, each of whom

has at least fifteen years’experience, elected by the members

of the statutory body responsible for the professionalregulation of advocates;

(g)
one person nominated by the Public Service Commission;
and
(h)
one woman and one man to represent the public, not being
lawyers, appointed by the President with the approval of the
National Assembly.

(3) The Chief Registrar of the Judiciary shall be the Secretary to the Commission.

(4) Members of the Commission, apart from the Chief Justice

and the Attorney-General, shall hold office, provided that they remain qualified, for a term of five years and shall be eligible to be nominated for one further term of five years.

172. (1) The Judicial Service Commission shall promote andfacilitate the independence and accountability of the judiciary and

the efficient, effective and transparent administration of justice and

shall—

(a)
recommend to the President persons for appointment as
judges;
(b)
review and make recommendations on the conditions of
service of—

(i) judges and judicial officers, other than their remuneration;

and

(ii)
the staff of the Judiciary;
(c)
appoint, receive complaints against, investigate and remove

from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the

manner prescribed by an Act of Parliament;

(d) prepare and implement programmes for the continuing

education and training of judges and judicial officers; and

(e) advise the national government on improving the efficiency
of the administration of justice.

(2)
In the performance of its functions, the Commission shall be guided by the following—
(a)
competitiveness and transparent processes of appointment

of judicial officers and other staff of the judiciary; and

(b) the promotion of gender equality.

173. (1) There is established a fund to be known as the Judiciary Judiciary Fund.Fund which shall be administered by the Chief Registrar of theJudiciary.

(2) The Fund shall be used for administrative expenses of the Judiciary and such other purposes as may be necessary for the dischargeof the functions of the Judiciary.

(3) Each financial year, the Chief Registrar shall prepare estimates

of expenditure for the following year, and submit them to the National Assembly for approval.

(4)
On approval of the estimates by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fundand the funds shall be paid directly into the Judicary Fund.
(5)
Parliament shall enact legislation to provide for the regulationof the Fund.
CHAPTER ELEVEN—DEVOLVED GOVERNMENT

Part 1—oBJects and PrinciPles of devolved Government

174. The objects of the devolution of government are—

Objects ofdevolution.

(a)
to promote democratic and accountable exercise of
power;
(b)
to foster national unity by recognising diversity;
(c)
to give powers of self-governance to the people and enhance
the participation of the people in the exercise of the powers
of the State and in making decisions affecting them;
(d)
to recognise the right of communities to manage their own
affairs and to further their development;
(e)
to protect and promote the interests and rights of minorities and marginalised communities;
(f)
to promote social and economic development and theprovision of proximate, easily accessible services throughoutKenya;
(g)
to ensure equitable sharing of national and local resources throughout Kenya;
(h)
to facilitate the decentralisation of State organs, theirfunctions and services, from the capital of Kenya; and
(i)
to enhance checks and balances and the separation of powers.

Principles 175. County governments established under this Constitution
of devolved shall reflect the following principles––
government.

(a)
county governments shall be based on democratic principlesand the separation of powers;
(b)
county governments shall have reliable sources of revenue toenable them to govern and deliver services effectively; and
(c)
no more than two-thirds of the members of representative bodies in each county government shall be of the samegender.

Part 2—county Governments

176. (1) There shall be a county government for each county,

County governments. consisting of a county assembly and a county executive.

(2) Every county government shall decentralise its functions

and the provision of its services to the extent that it is efficient and

practicable to do so.

Membership of 177. (1) A county assembly consists of— county assembly.

(a)
members elected by the registered voters of the wards, eachward constituting a single member constituency, on the same day as a general election of Members of Parliament, being
(b)
the number of special seat members necessary to ensure that

the second Tuesday in August, in every fifth year;

no more than two-thirds of the membership of the assemblyare of the same gender;

(c)
the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and
(d)
the Speaker, who is an ex officio member.
(2)
The members contemplated in clause (1) (b) and (c) shall, in each case, be nominated by political parties in proportion to the seats received in that election in that county by each political party under paragraph (a) in accordance with Article 90.
(3)
The filling of special seats under clause (1) (b) shall bedetermined after declaration of elected members from each ward.

(4) A county assembly is elected for a term of five years.

178. (1) Each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly.

(2)
A sitting of the county assembly shall be presided over by––
(a)
the speaker of the assembly; or
(b)
in the absence of the speaker, another member of theassembly elected by the assembly.
(3)
Parliament shall enact legislation providing for the election

and removal from office of speakers of the county assemblies.

179. (1) The executive authority of the county is vested in, and exercised by, a county executive committee.

(2)
The county executive committee consists of—
(a)
the county governor and the deputy county governor; and
(b)
members appointed by the county governor, with theapproval of the assembly, from among persons who are not members of the assembly.
(3)
The number of members appointed under clause (2) (b) shallnot exceed—

Speaker of a countyassembly.

County executivecommittees.

Election of countygovernor and deputycounty governor.

(a)
one-third of the number of members of the county assembly,
if the assembly has less than thirty members; or
(b)
ten, if the assembly has thirty or more members.
(4)
The county governor and the deputy county governorare the chief executive and deputy chief executive of the county,respectively.
(5)
When the county governor is absent, the deputy countygovernor shall act as the county governor.
(6)
Members of a county executive committee are accountable to the county governor for the performance of their functions and exerciseof their powers.

(7) If a vacancy arises in the office of the county governor, the

members of the county executive committee appointed under clause

(2) (b) cease to hold office.

180. (1) The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in

every fifth year.

(2)
To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.
(3)
If only one candidate for county governor is nominated, that candidate shall be declared elected.
(4)
If two or more candidates are nominated, an election shall be held in the county and the candidate who receives the greatest number of votes shall be declared elected.

(5) Each candidate for election as county governor shall nominate

a person who is qualified for nomination for election as county governor

as a candidate for deputy governor.

(6) The Independent Electoral and Boundaries Commission shallnot conduct a separate election for the deputy governor but shall declarethe candidate nominated by the person who is elected county governor to have been elected as the deputy governor.

(7) A person shall not hold office––

(a)
as a county governor for more than two terms; or
(b)
as a deputy county governor for more than two terms.
(8)
For the purposes of clause (7), a person who has assumed the

office of county governor shall be deemed to have served a full term,

subject only to Article 182 (3) (b).

181. (1) A county governor may be removed from office on any

of the following grounds––

(a)
gross violation of this Constitution or any other law;
(b)
where there are serious reasons for believing that the
county governor has committed a crime under national or
international law;

(c) abuse of office or gross misconduct; or

(d) physical or mental incapacity to perform the functions of

office of county governor.

(2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds mentioned in clause (1).

182. (1) The office of the county governor shall become vacant if the holder of the office—

(a)
dies;
(b)
resigns, in writing, addressed to the speaker of the county
assembly;
(c)
ceases to be eligible to be elected county governor under
Article 180 (2);
(d)
is convicted of an offence punishable by imprisonment for
at least twelve months; or
(e)
is removed from office under this Constitution.
(2)
If a vacancy occurs in the office of county governor, thedeputy county governor shall assume office as county governor for the
(3)
If a person assumes office as county governor under clause (2),

remainder of the term of the county governor.

the person shall be deemed for the purposes of Article 180 (7)—

Removal of a county governor.

Vacancy in the office

of county governor.

(a) to have served a full term as county governor if, at the date

on which the person assumed office, more than two and a half

years remain before the date of the next regularly scheduled

election under Article 180 (1); or

(b)
not to have served a term of office as county governor, in any other case.
(4)
If a vacancy occurs in the office of county governor and that

of deputy county governor, or if the deputy county governor is unable toact, the speaker of the county assembly shall act as county governor.

(5) If a vacancy occurs in the circumstances contemplated

by clause (4), an election to the office of county governor shall beheld within sixty days after the speaker assumes the office of county

governor.

(6) A person who assumes the office of county governor under this Article shall, unless otherwise removed from office under thisConstitution, hold office until the newly elected county governorassumes office following the next election held under Article 180 (1).

183. (1) A county executive committee shall—

Functions of county executivecommittees. (a) implement county legislation;

(b)
implement, within the county, national legislation to the extent that the legislation so requires;
(c)
manage and coordinate the functions of the countyadministration and its departments; and
(d)
perform any other functions conferred on it by thisConstitution or national legislation.
(2)
A county executive committee may prepare proposedlegislation for consideration by the county assembly.
(3)
The county executive committee shall provide the countyassembly with full and regular reports on matters relating to thecounty.

Urban areas and 184. (1) National legislation shall provide for the governance andcities. management of urban areas and cities and shall, in particular—

(a)
establish criteria for classifying areas as urban areas and cities,
(b)
establish the principles of governance and management of
urban areas and cities; and
(c)
provide for participation by residents in the governance of
urban areas and cities.
(2)
National legislation contemplated in clause (1) may include mechanisms for identifying different categories of urban areas and cities,and for their governance.

185. (1) The legislative authority of a county is vested in, and Legislative authorityexercised by, its county assembly. of county assemblies.

(2)
A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.
(3)
A county assembly, while respecting the principle of theseparation of powers, may exercise oversight over the county executivecommittee and any other county executive organs.

(4)A county assembly may receive and approve plans and policies for—

(a)
the management and exploitation of the county’s resources;
and
(b)
the development and management of its infrastructure and
institutions.

Part 3—functions and Powers of county Governments

186. (1) Except as otherwise provided by this Constitution,Respective functionsthe functions and powers of the national government and the county and powers ofgovernments, respectively, are as set out in the Fourth Schedule. national and county

governments.

(2)
A function or power that is conferred on more than one level of government is a function or power within the concurrent jurisdiction of each of those levels of government.
(3)
A function or power not assigned by this Constitution ornational legislation to a county is a function or power of the national government.
(4)
For greater certainty, Parliament may legislate for the Republicon any matter.

Transfer of functions and powers betweenlevels of government.

Boundaries of counties.

187. (1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if—

(a)
the function or power would be more effectively performed
or exercised by the receiving government; and
(b)
the transfer of the function or power is not prohibited by the
legislation under which it is to be performed or exercised.

(2) If a function or power is transferred from a government at one level to a government at the other level—

(a)
arrangements shall be put in place to ensure that the
resources necessary for the performance of the function or
exercise of the power are transferred; and
(b)
constitutional responsibility for the performance of
the function or exercise of the power shall remain with
the government to which it is assigned by the Fourth
Schedule.

Part 4—the Boundaries of counties

188. (1) The boundaries of a county may be altered only by a resolution––

(a)
recommended by an independent commission set up for that
purpose by Parliament; and
(b)
passed by––
(i)
the National Assembly, with the support of at least two-thirds of all of the members of the Assembly; and
(ii)
the Senate, with the support of at least two-thirds of allof the county delegations.

(2) The boundaries of a county may be altered to take intoaccount—

(a)
population density and demographic trends;
(b)
physical and human infrastructure;
(c)
historical and cultural ties;
(d)
the cost of administration;
(e)
the views of the communities affected;
(f)
the objects of devolution of government; and
(g)
geographical features.

Part 5—relationshiPs Between Governments

189. (1) Government at either level shall—

(a)
perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity ofgovernment at the other level, and respects the constitutionalstatus and institutions of government at the other level and, in the case of county government, within the county level;
(b)
assist, support and consult and, as appropriate, implement
the legislation of the other level of government; and
(c)
liaise with government at the other level for the purpose
of exchanging information, coordinating policies and
administration and enhancing capacity.
(2)
Government at each level, and different governments at the county level, shall co-operate in the performance of functions andexercise of powers and, for that purpose, may set up joint committeesand joint authorities.
(3)
In any dispute between governments, the governments shallmake every reasonable effort to settle the dispute, including by means of procedures provided under national legislation.
(4)
National legislation shall provide procedures for settling intergovernmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.

190. (1) Parliament shall by legislation ensure that countygovernments have adequate support to enable them to perform their functions.

(2) County governments shall operate financial management

systems that comply with any requirements prescribed by nationallegislation.

Cooperation betweennational and countygovernments.

Support for countygovernments.

(3)
Parliament shall, by legislation, provide for intervention by the national government if a county government—
(a)
is unable to perform its functions; or
(b)
does not operate a financial management system thatcomplies with the requirements prescribed by nationallegislation.
(4)
Legislation under clause (3) may, in particular, authorise the national government—
(a)
to take appropriate steps to ensure that the countygovernment’s functions are performed and that it operates a financial management system that complies with theprescribed requirements; and
(b)
if necessary, to assume responsibility for the relevantfunctions.
(5)
The legislation under clause (3) shall—
(a)
require notice to be given to a county government of any measures that the national government intends to take;
(b)
permit the national government to take only measures that are necessary;
(c)
require the national government, when it intervenes, to take measures that will assist the county government to resume full responsibility for its functions; and
(d)
provide for a process by which the Senate may bring theintervention by the national government to an end.

Conflict of laws. 191. (1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government.

(2)
National legislation prevails over county legislation if—
(a)
the national legislation applies uniformly throughout

Kenya and any of the conditions specified in clause (3) is

satisfied; or

(b)
the national legislation is aimed at preventing unreasonable action by a county that—
(i)
is prejudicial to the economic, health or security interests
of Kenya or another county; or
(ii)
impedes the implementation of national economic
policy.
(3)
The following are the conditions referred to in clause (2) (a)––
(a)
the national legislation provides for a matter that cannot be
regulated effectively by legislation enacted by the individual
counties;
(b)
the national legislation provides for a matter that, to be
dealt with effectively, requires uniformity across the nation,
and the national legislation provides that uniformity by
establishing—
(i)
norms and standards; or
(ii)
national policies; or
(c)
the national legislation is necessary for—
(i)
the maintenance of national security;
(ii)
the maintenance of economic unity;

(iii) the protection of the common market in respect of the
mobility of goods, services, capital and labour;

(iv)
the promotion of economic activities across county
boundaries;
(v)
the promotion of equal opportunity or equal access to
government services; or
(vi)
the protection of the environment.
(4)
County legislation prevails over national legislation if neither of the circumstances contemplated in clause (2) apply.
(5)
In considering an apparent conflict between legislationof different levels of government, a court shall prefer a reasonable

interpretation of the legislation that avoids a conflict to an alternative interpretation that results in conflict.

Suspension of acounty government.

Qualifications for

election as member of county assembly.

(6) A decision by a court that a provision of legislation of one level of government prevails over a provision of legislation of another level of government does not invalidate the other provision, but the otherprovision is inoperative to the extent of the inconsistency.

Part 6—susPension of county Governments

192. (1) The President may suspend a county government—

(a) in an emergency arising out of internal conflict or war; or

(b)
in any other exceptional circumstances.
(2)
A county government shall not be suspended under clause

(1) (b) unless an independent commission of inquiry has investigated

allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorised the

suspension.

(3)
During a suspension under this Article, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament.
(4) The Senate may at any time terminate the suspension.
(5)
A suspension under this Article shall not extend beyond a period of ninety days.
(6)
On the expiry of the period provided for under clause (5), elections for the relevant county government shall be held.

Part 7—General

193. (1) Unless disqualified under clause (2), a person is eligible

for election as a member of a county assembly if the person—

(a)
is registered as a voter;
(b)
satisfies any educational, moral and ethical requirements prescribed by this Constitution or an Act of Parliament;and
(c)
is either—
(i)
nominated by a political party; or
(ii)
an independent candidate supported by at least five hundred registered voters in the ward concerned.
(2)
A person is disqualified from being elected a member of a

county assembly if the person—

(a)
is a State officer or other public officer, other than a member
of the county assembly;
(b)
has, at any time within the five years immediately before the
date of election, held office as a member of the Independent

Electoral and Boundaries Commission;

(c)
has not been a citizen of Kenya for at least the ten years
immediately preceding the date of election;
(d)
is of unsound mind;
(e)
is an undischarged bankrupt;
(f)
is serving a sentence of imprisonment of at least six months;
or
(g)
has been found, in accordance with any law, to have

misused or abused a State office or public office or to have

contravened Chapter Six.

(3) A person is not disqualified under clause (2) unless allpossibility of appeal or review of the relevant sentence or decision has been exhausted.

194. (1) The office of a member of a county assembly becomes

Vacation of office of

vacant—

member of countyassembly.

(a)
if the member dies;
(b)
if the member is absent from eight sittings of the assembly
without permission, in writing, of the speaker of the
assembly, and is unable to offer satisfactory explanation for
the absence;

(c) if the member is removed from office under this Constitution
or legislation enacted under Article 80;

(d) if the member resigns in writing addressed to the speaker
of the assembly;

County assemblypower to summonwitnesses.

Public participationand county assemblypowers, privilegesand immunities.

(e)
if, having been elected to the assembly––
(i)
as a member of a political party, the member resignsfrom the party, or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
(ii)
as an independent candidate, the member joins a political party;
(f)
at the end of the term of the assembly; or

(g) if the member becomes disqualified for election on grounds specified in Article 193 (2).

(2) Parliament shall enact legislation providing for thecircumstances under which a member of a political party shall bedeemed, for the purposes of clause (1) (e), to have resigned from the party.

195. (1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.

(2) For the purposes of clause (1), an assembly has the samepowers as the High Court to—

(a) enforce the attendance of witnesses and examining them on

oath, affirmation or otherwise;

(b)
compel the production of documents; and
(c)
issue a commission or request to examine witnesses
abroad.

196. (1) A county assembly shall—

(a)
conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
(b)
facilitate public participation and involvement in thelegislative and other business of the assembly and itscommittees.

(2) A county assembly may not exclude the public, or any media, from any sitting unless in exceptional circumstances the speaker has

determined that there are justifiable reasons for doing so.

(3) Parliament shall enact legislation providing for the powers, privileges and immunities of county assemblies, their committees and members.

197. (1) Not more than two-thirds of the members of any countyassembly or county executive committee shall be of the same gender.

(2)
Parliament shall enact legislation to—
(a)
ensure that the community and cultural diversity of a county

is reflected in its county assembly and county executive

committee; and

(b) prescribe mechanisms to protect minorities within
counties.

  1. While an election is being held to constitute a countyassembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election.
  2. (1) County legislation does not take effect unless published in the Gazette.

(2) National and county legislation may prescribe additionalrequirements in respect of the publication of county legislation.

200. (1) Parliament shall enact legislation providing for all mattersnecessary or convenient to give effect to this Chapter.

(2)
In particular, provision may be made with respect to––
(a)
the governance of the capital city, other cities and urban areas;
(b)
the transfer of functions and powers by one levelof government to another, including the transfer oflegislative powers from the national government to county governments;
(c)
the manner of election or appointment of persons to, and

their removal from, offices in county governments, includingthe qualifications of voters and candidates;

(d) the procedure of assemblies and executive committeesincluding the chairing and frequency of meetings, quorums

County assemblygender balance anddiversity.

County governmentduring transition.

Publication of countylegislation.

Legislation onChapter.

Principles of public

finance.

Equitable sharing ofnational revenue.

Equitable share and

other financial laws.

and voting; and

(e) the suspension of assemblies and executive committees.

CHAPTER TWELVE––PUBLIC FINANCE

Part i—PrinciPles and frameworK of PuBlic finance

201. The following principles shall guide all aspects of public

finance in the Republic—

(a) there shall be openness and accountability, including public

participation in financial matters;

(b) the public finance system shall promote an equitable society,
and in particular—

(i)
the burden of taxation shall be shared fairly;
(ii)
revenue raised nationally shall be shared equitably amongnational and county governments; and

(iii) expenditure shall promote the equitable development ofthe country, including by making special provision for marginalised groups and areas;

(c)
the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations;
(d)
public money shall be used in a prudent and responsibleway; and
(e)
financial management shall be responsible, and fiscal
reporting shall be clear.

202. (1) Revenue raised nationally shall be shared equitablyamong the national and county governments.

(2) County governments may be given additional allocations fromthe national government’s share of the revenue, either conditionally or unconditionally.

203. (1) The following criteria shall be taken into account indetermining the equitable shares provided for under Article 202 and in all national legislation concerning county government enacted in terms of this Chapter—

(a)
the national interest;
(b)
any provision that must be made in respect of the public
debt and other national obligations;
(c)
the needs of the national government, determined by
objective criteria;
(d)
the need to ensure that county governments are able to
perform the functions allocated to them;

(e) the fiscal capacity and efficiency of county governments;

(f)
developmental and other needs of counties;
(g)
economic disparities within and among counties and the
need to remedy them;

(h) the need for affirmative action in respect of disadvantaged
areas and groups;

(i)
the need for economic optimisation of each county and to
provide incentives for each county to optimise its capacity
to raise revenue;
(j)
the desirability of stable and predictable allocations of
revenue; and
(k)
the need for flexibility in responding to emergencies and
other temporary needs, based on similar objective criteria.

(2) For every financial year, the equitable share of the revenue

raised nationally that is allocated to county governments shall be

not less than fifteen per cent of all revenue collected by the national

government.

(3) The amount referred to in clause (2) shall be calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly.

204. (1) There is established an Equalisation Fund into which shallbe paid one half per cent of all the revenue collected by the national government each year calculated on the basis of the most recent auditedaccounts of revenue received, as approved by the National Assembly.

(2) The national government shall use the Equalisation Fund only

Equalisation Fund.

to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible.

(3)
The national government may use the Equalisation Fund––
(a)
only to the extent that the expenditure of those fundshas been approved in an Appropriation Bill enacted byParliament; and
(b)
either directly, or indirectly through conditional grants to counties in which marginalised communities exist.

(4) The Commission on Revenue Allocation shall be consulted and its recommendations considered before Parliament passes any Bill appropriating money out of the Equalisation Fund.

(5) Any unexpended money in the Equalisation Fund at the end of

a particular financial year shall remain in that Fund for use in accordancewith clauses (2) and (3) during any subsequent financial year.

(6) This Article lapses twenty years after the effective date, subjectto clause (7).

(7) Parliament may enact legislation suspending the effect of

clause (6) for a further fixed period of years, subject to clause (8).

(8)
Legislation under clause (7) shall be supported by more than half of all the members of the National Assembly, and more than half of all the county delegations in the Senate.
(9)
Money shall not be withdrawn from the Equalisation Fund unless the Controller of Budget has approved the withdrawal.

Consultation on 205. (1) When a Bill that includes provisions dealing with

financial legislation the sharing of revenue, or any financial matter concerning county

affecting counties. governments is published, the Commission on Revenue Allocationshall consider those provisions and may make recommendations to the National Assembly and the Senate.

(2)Any recommendations made by the Commission shall be tabledin Parliament, and each House shall consider the recommendationsbefore voting on the Bill.

Part 2—other PuBlic funds

206. (1) There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the nationalgovernment, except money that—

(a) is reasonably excluded from the Fund by an Act ofParliament and payable into another public fund established

for a specific purpose; or

(b)
may, under an Act of Parliament, be retained by the State organ that received it for the purpose of defraying theexpenses of the State organ.
(2)
Money may be withdrawn from the Consolidated Fundonly—
(a)
in accordance with an appropriation by an Act of
Parliament;
(b)
in accordance with Article 222 or 223; or
(c)
as a charge against the Fund as authorised by this Constitution
or an Act of Parliament.
(3)
Money shall not be withdrawn from any national public fund other than the Consolidated Fund, unless the withdrawal of the moneyhas been authorised by an Act of Parliament.
(4)
Money shall not be withdrawn from the Consolidated Fund unless the Controller of Budget has approved the withdrawal.

207. (1) There shall be established a Revenue Fund for each countygovernment, into which shall be paid all money raised or received by oron behalf of the county government, except money reasonably excludedby an Act of Parliament.

(2)
Money may be withdrawn from the Revenue Fund of a countygovernment only—
(a)
as a charge against the Revenue Fund that is provided for by
an Act of Parliament or by legislation of the county; or
(b)
as authorised by an appropriation by legislation of thecounty.
(3)
Money shall not be withdrawn from a Revenue Fund unlessthe Controller of Budget has approved the withdrawal.

Consolidated Fund and other publicfunds.

Revenue Funds for county governments. Contingencies Fund.

Power to imposetaxes and charges.

(4)
An Act of Parliament may—
(a)
make further provision for the withdrawal of funds from acounty Revenue Fund; and
(b)
provide for the establishment of other funds by counties andthe management of those funds.

208. (1) There is established a Contingencies Fund, the operation of which shall be in accordance with an Act of Parliament.

(2) An Act of Parliament shall provide for advances from the Contingencies Fund if the Cabinet Secretary responsible for finance is satisfied that there is an urgent and unforeseen need for expenditure for which there is no other authority.

Part 3—revenue-raisinG Powers and the PuBlic deBt

209. (1) Only the national government may impose—

(a)
income tax;
(b)
value-added tax;
(c)
customs duties and other duties on import and export goods;and
(d)
excise tax.
(2)
An Act of Parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3)
(a)
or (b).
(3)
A county may impose—
(a)
property rates;
(b)
entertainment taxes; and
(c)
any other tax that it is authorised to impose by an Act of Parliament.
(4)
The national and county governments may impose charges for the services they provide.

(5) The taxation and other revenue-raising powers of a county shall not be exercised in a way that prejudices national economicpolicies, economic activities across county boundaries or the national mobility of goods, services, capital or labour.

210. (1) No tax or licensing fee may be imposed, waived or variedexcept as provided by legislation.

(2)
If legislation permits the waiver of any tax or licensing fee—
(a)
a public record of each waiver shall be maintained together with the reason for the waiver; and
(b)
each waiver, and the reason for it, shall be reported to theAuditor-General.
(3)
No law may exclude or authorise the exclusion of a State

officer from payment of tax by reason of—

(a)
the office held by that State officer; or
(b)
the nature of the work of the State officer.

211. (1) Parliament may, by legislation—

(a)
prescribe the terms on which the national government mayborrow; and
(b)
impose reporting requirements.
(2)
Within seven days after either House of Parliament so requests

by resolution, the Cabinet Secretary responsible for finance shall present

to the relevant committee, information concerning any particular loan or guarantee, including all information necessary to show—

(a)
the extent of the total indebtedness by way of principal and accumulated interest;
(b)
the use made or to be made of the proceeds of the loan;
(c)
the provision made for servicing or repayment of the loan; and
(d)
the progress made in the repayment of the loan.

212. A county government may borrow only—

Imposition of tax.

Borrowing bynational government.

Borrowing bycounties.

Loan guarantees bynational government.

Public debt.

Commission on Revenue Allocation.

(a)
if the national government guarantees the loan; and
(b)
with the approval of the county government’s assembly.
    1. (1) An Act of Parliament shall prescribe terms and conditionsunder which the national government may guarantee loans.
    2. (2) Within two months after the end of each financial year, the national government shall publish a report on the guarantees that it gave during that year.
  1. (1) The public debt is a charge on the Consolidated Fund, butan Act of Parliament may provide for charging all or part of the public debt to other public funds.

(2) For the purposes of this Article, “the public debt” means

all financial obligations attendant to loans raised or guaranteed and

securities issued or guaranteed by the national government.

Part 4—revenue allocation

215. (1) There is established the Commission on Revenue Allocation.

(2) The Commission shall consist of the following personsappointed by the President—

(a)
a chairperson, who shall be nominated by the President and
approved by the National Assembly;
(b)
two persons nominated by the political parties represented
in the National Assembly according to their proportion of
members in the Assembly;
(c)
five persons nominated by the political parties represented
in the Senate according to their proportion of members in
the Senate; and
(d)
the Principal Secretary in the Ministry responsible for

finance.

(3)
The persons nominated under clause (2) shall not be membersof Parliament.
(4) To be qualified to be a member of the Commission under clause
(2)
(a), (b) or (c), a person shall have extensive professional experience

in financial and economic matters.

216. (1) The principal function of the Commission on Revenue Allocation is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government––

(a)
between the national and county governments; and
(b)
among the county governments.
(2)
The Commission shall also make recommendations on other

matters concerning the financing of, and financial management by,

county governments, as required by this Constitution and nationallegislation.

(3)
In formulating recommendations, the Commission shallseek––
(a)
to promote and give effect to the criteria mentioned in
Article 203 (1);
(b)
when appropriate, to define and enhance the revenue sources
of the national and county governments; and
(c)
to encourage fiscal responsibility.
(4)
The Comission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify themarginalised areas for purposes of Article 204 (2).
(5)
The Commission shall submit its recommendations tothe Senate, the National Assembly, the national executive, countyassemblies and county executives.

217. (1) Once every five years, the Senate shall, by resolution, determine the basis for allocating among the counties the share ofnational revenue that is annually allocated to the county level ofgovernment.

(2)
In determining the basis of revenue sharing under clause (1), the Senate shall—
(a)
take the criteria in Article 203 (1) into account;
(b)
request and consider recommendations from the Commission
on Revenue Allocation;
(c)
consult the county governors, the Cabinet Secretary

Functions of the Commission on Revenue Allocation.

Division of revenue.

responsible for finance and any organisation of county

governments; and

(d) invite the public, including professional bodies, to make submissions to it on the matter.

(3)
Within ten days after the Senate adopts a resolution under clause (1), the Speaker of the Senate shall refer the resolution to the Speaker of the National Assembly.
(4)
Within sixty days after the Senate’s resolution is referred underclause (3), the National Assembly may consider the resolution, and voteto approve it, with or without amendments, or to reject it.
(5)
If the National Assembly––
(a)
does not vote on the resolution within sixty days, theresolution shall be regarded as having been approved by the National Assembly without amendment; or
(b)
votes on the resolution, the resolution shall have been––
(i)
amended only if at least two-thirds of the members of the Assembly vote in support of an amendment;
(ii)
rejected only if at least two-thirds of the members of the

Assembly vote against it, irrespective whether it has first

been amended by the Assembly; or

(iii) approved, in any other case.

(6) If the National Assembly approves an amended version of the resolution, or rejects the resolution, the Senate, at its option, may either––

(a)
adopt a new resolution under clause (1), in which casethe provisions of this clause and clause (4) and (5) apply afresh; or
(b)
request that the matter be referred to a joint committee of the two Houses of Parliament for mediation under Article

113, applied with the necessary modifications.

(7) Aresolution under this Article that is approved under clause (5)shall be binding until a subsequent resolution has been approved.

(8) Despite clause (1), the Senate may, by resolution supported by at least two-thirds of its members, amend a resolution at any time after it has been approved.

(9) Clauses (2) to (8), with the necessary modifications, apply to

a resolution under clause (8).

218. (1) At least two months before the end of each financial year,

there shall be introduced in Parliament––

(a)
a Division of Revenue Bill, which shall divide revenueraised by the national government among the nationaland county levels of government in accordance with this Constitution; and
(b)
a County Allocation of Revenue Bill, which shall divide
among the counties the revenue allocated to the county level
of government on the basis determined in accordance with
the resolution in force under Article 217.
(2)
Each Bill required by clause (1) shall be accompanied by a memorandum setting out––
(a)
an explanation of revenue allocation as proposed by the
Bill;
(b)
an evaluation of the Bill in relation to the criteria mentioned
in Article 203 (1); and
(c)
a summary of any significant deviation from the Commissionon Revenue Allocation’s recommendations, with anexplanation for each such deviation.

219. A county’s share of revenue raised by the nationalgovernment shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped underArticle 225.

Part 5—BudGets and sPendinG

220. (1) Budgets of the national and county governments shall contain—

(a) estimates of revenue and expenditure, differentiating
between recurrent and development expenditure;

(b) proposals for financing any anticipated deficit for the period
to which they apply; and

Annual Division and Allocation of Revenue Bills.

Transfer of equitable share.

Form, content andtiming of budgets.

(c)
proposals regarding borrowing and other forms of publicliability that will increase public debt during the following year.
(2)
National legislation shall prescribe—
(a)
the structure of the development plans and budgets ofcounties;
(b)
when the plans and budgets of the counties shall be tabled in the county assemblies; and
(c)
the form and manner of consultation between the national government and county governments in the process ofpreparing plans and budgets.

Budget estimates and 221. (1) At least two months before the end of each financial annual Appropriation year, the Cabinet Secretary responsible for finance shall submit toBill. the National Assembly estimates of the revenue and expenditure of

the national government for the next financial year to be tabled in the

National Assembly.

(2)
The estimates mentioned in clause (1) shall––
(a)
include estimates for expenditure from the EqualisationFund; and
(b)
be in the form, and according to the procedure, prescribed by an Act of Parliament.
(3)
The National Assembly shall consider the estimatessubmitted under clause (1) together with the estimates submitted bythe Parliamentary Service Commission and the Chief Registrar of the Judiciary under Articles 127 and 173 respectively.
(4)
Before the National Assembly considers the estimates ofrevenue and expenditure, a committee of theAssembly shall discuss andreview the estimates and make recommendations to the Assembly.
(5)
In discussing and reviewing the estimates, the committee shallseek representations from the public and the recommendations shall be taken into account when the committee makes its recommendations to the National Assembly.
(6)
When the estimates of national government expenditure,and the estimates of expenditure for the Judiciary and Parliament

have been approved by the National Assembly, they shall be included in an Appropriation Bill, which shall be introduced into the National Assembly to authorise the withdrawal from the Consolidated Fund of the money needed for the expenditure, and for the appropriation of that money for the purposes mentioned in the Bill.

(7) The Appropriation Bill mentioned in clause (6) shall notinclude expenditures that are charged on the Consolidated Fund by this Constitution or an Act of Parliament.

222. (1) If the Appropriation Act for a financial year has not been

assented to, or is not likely to be assented to, by the beginning of that

financial year, the National Assembly may authorise the withdrawal of

money from the Consolidated Fund.

(2)
Money withdrawn under clause (1) shall—
(a)
be for the purpose of meeting expenditure necessary to carry
on the services of the national government during that year
until such time as the Appropriation Act is assented to;
(b)
not exceed in total one-half of the amount included in the
estimates of expenditure for that year that have been tabled
in the National Assembly; and
(c)
be included, under separate votes for the several services in
respect of which they were withdrawn, in the Appropriation
Act.

223. (1) Subject to clauses (2) to (4), the national government may spend money that has not been appropriated if—

(a) the amount appropriated for any purpose under the

Appropriation Act is insufficient or a need has arisen for

expenditure for a purpose for which no amount has been

appropriated by that Act; or

(b)
money has been withdrawn from the Contingencies Fund.
(2)
The approval of Parliament for any spending under this Article

shall be sought within two months after the first withdrawal of the

money, subject to clause (3).

(3) If Parliament is not sitting during the time contemplated in clause (2), or is sitting but adjourns before the approval has been sought,the approval shall be sought within two weeks after it next sits.

Expenditure beforeannual budget ispassed.

Supplementaryappropriation.

County appropriationBills.

Financial control.

(4) When the National Assembly has approved spending under clause (2), an appropriation Bill shall be introduced for the appropriationof the money spent.

(5) In any particular financial year, the national government

may not spend under this Article more than ten per cent of the sum

appropriated by Parliament for that financial year unless, in special

circumstances, Parliament has approved a higher percentage.

224. On the basis of the Division of Revenue Bill passed byParliament under Article 218, each county government shall prepare and adopt its own annual budget and appropriation Bill in the form, andaccording to the procedure, prescribed in an Act of Parliament.

Part 6—control of PuBlic money

225. (1) An Act of Parliament shall provide for the establishment,functions and responsibilities of the national Treasury.

(2) Parliament shall enact legislation to ensure both expenditure control and transparency in all governments and establish mechanisms to ensure their implementation.

(3) Legislation under clause (2) may authorise the Cabinet

Secretary responsible for finance to stop the transfer of funds to a State

organ or any other public entity—

(a)
only for a serious material breach or persistent material
breaches of the measures established under that legislation;
and
(b)
subject to the requirements of clauses (4) to (7).
(4)
A decision to stop the transfer of funds under clause (3) may

not stop the transfer of more than fifty per cent of funds due to a county

government.

(5) A decision to stop the transfer of funds as contemplated in clause (3)—

(a)
shall not stop the transfer of funds for more than sixty
days; and
(b)
may be enforced immediately, but will lapse retrospectively
unless, within thirty days after the date of the decision,
Parliament approves it by resolution passed by both
Houses.
(6)
Parliament may renew a decision to stop the transfer of funds but for no more than sixty days at a time.
(7)
Parliament may not approve or renew a decision to stop the transfer of funds unless—
(a)
the Controller of Budget has presented a report on the matterto Parliament; and
(b)
the public entity has been given an opportunity to answerthe allegations against it, and to state its case, before the relevant parliamentary committee.

226. (1) An Act of Parliament shall provide for—

(a) the keeping of financial records and the auditing of accountsof all governments and other public entities, and prescribe

other measures for securing efficient and transparent fiscal

management; and

(b) the designation of an accounting officer in every public entity
at the national and county level of government.

(2) The accounting officer of a national public entity isaccountable to the National Assembly for its financial management, and the accounting officer of a county public entity is accountable to the county assembly for its financial management.

(3) Subject to clause (4), the accounts of all governments and State organs shall be audited by the Auditor-General.

(4) The accounts of the office of the Auditor-General shallbe audited and reported on by a professionally qualified accountant appointed by the National Assembly.

(5) If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions,the person is liable for any loss arising from that use and shall make goodthe loss, whether the person remains the holder of the office or not.

227. (1) When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.

(2) An Act of Parliament shall prescribe a framework within whichpolicies relating to procurement and asset disposal shall be implemented

Accounts and audit of public entities.

Procurement of public goods andservices.

Controller of Budget.

Auditor-General.

and may provide for all or any of the following—

(a)
categories of preference in the allocation of contracts;
(b)
the protection or advancement of persons, categories of
persons or groups previously disadvantaged by unfair
competition or discrimination;
(c)
sanctions against contractors that have not performed
according to professionally regulated procedures, contractual
agreements or legislation; and
(d)
sanctions against persons who have defaulted on their tax
obligations, or have been guilty of corrupt practices or serious
violations of fair employment laws and practices.

Part 6— financial officers and institutions

228. (1) There shall be a Controller of Budget who shall benominated by the President and, with the approval of the NationalAssembly, appointed by the President.

(2) To be qualified to be the Controller, a person shall haveextensive knowledge of public finance or at least ten years experience in auditing public finance management.

(3) The Controller shall, subject to Article 251, hold office for a

term of eight years and shall not be eligible for re-appointment.

(4) The Controller of Budget shall oversee the implementation of the budgets of the national and county governments by authorising withdrawals from public funds under Articles 204, 206 and 207.

(5) The Controller shall not approve any withdrawal from a public

fund unless satisfied that the withdrawal is authorised by law.

(6) Every four months, the Controller shall submit to each House of Parliament a report on the implementation of the budgets of thenational and county governments.

229. (1) There shall be an Auditor-General who shall be nominatedby the President and, with the approval of the National Assembly,appointed by the President.

(2) To be qualified to be the Auditor-General, a person shall have extensive knowledge of public finance or at least ten years experience in auditing or public finance management.

(3) The Auditor-General holds office, subject to Article 251, for a

term of eight years and shall not be eligible for re-appointment.

(4) Within six months after the end of each financial year, the Auditor-General shall audit and report, in respect of that financial

year, on—

(a)
the accounts of the national and county governments;
(b)
the accounts of all funds and authorities of the national and
county governments;
(c)
the accounts of all courts;

(d) the accounts of every commission and independent office
established by this Constitution;

(e)
the accounts of the National Assembly, the Senate and the
county assemblies;
(f)
the accounts of political parties funded from public funds;
(g)
the public debt; and
(h)
the accounts of any other entity that legislation requires the
Auditor-General to audit.
(5)
The Auditor-General may audit and report on the accounts of any entity that is funded from public funds.

(6) An audit report shall confirm whether or not public money

has been applied lawfully and in an effective way.

(7)
Audit reports shall be submitted to Parliament or the relevant county assembly.
(8)
Within three months after receiving an audit report, Parliamentor the county assembly shall debate and consider the report and take appropriate action.

230. (1) There is established the Salaries and Remuneration

Salaries and

Commission.

Remuneration Commission.

(2)
The Salaries and Remuneration Commission consists of the following persons appointed by the President—
(a)
a chairperson;
(b)
one person each nominated by the following bodies from among persons who are not members or employees of those bodies—
(i)
the Parliamentary Service Commission;
(ii)
the Public Service Commission;

(iii) the Judicial Service Commission;

(iv)
the Teachers Service Commission;
(v)
the National Police Service Commission;
(vi)
the Defence Council; and

(vii) the Senate, on behalf of the county governments;

(c)
one person each nominated by—
(i)
an umbrella body representing trade unions;
(ii)
an umbrella body representing employers; and

(iii) a joint forum of professional bodies as provided bylegislation;

(d) one person each nominated by—

(i) the Cabinet Secretary responsible for finance; and

(ii)
the Attorney-General; and
(e)
one person who has experience in the management of humanresources in the public service, nominated by the Cabinet Secretary responsible for public service.
(3)
The Commissioners under clause (1) (d) and (e) shall haveno vote.
(4)
The powers and functions of the Salaries and RemunerationCommission shall be to—

(a) set and regularly review the remuneration and benefits of all State officers; and

(b) advise the national and county governments on the

remuneration and benefits of all other public officers.

(5)
In performing its functions, the Commission shall take the following principles into account—
(a)
the need to ensure that the total public compensation bill is

fiscally sustainable;

(b)
the need to ensure that the public services are able to attract and retain the skills required to execute their functions;
(c)
the need to recognise productivity and performance; and
(d)
transparency and fairness.

231. (1) There is established the Central Bank of Kenya.

(2)
The Central Bank of Kenya shall be responsible forformulating monetary policy, promoting price stability, issuingcurrency and performing other functions conferred on it by an Act of Parliament.
(3)
The Central Bank of Kenya shall not be under the direction or control of any person or authority in the exercise of its powers or in the performance of its functions.
(4)
Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya but shall not bear the portrait of any individual.
(5)
An Act of Parliament shall provide for the composition,powers, functions and operations of the Central Bank of Kenya.
CHAPTER THIRTEEN—THE PUBLIC SERVICE

Part 1—values and PrinciPles of PuBlic service

232. (1) The values and principles of public service include—

(a) high standards of professional ethics;

(b) efficient, effective and economic use of resources;

(c) responsive, prompt, effective, impartial and equitableprovision of services;

Central Bank of Kenya.

Values and principles of public service.

The Public Service Commission.

(d)
involvement of the people in the process of policymaking;
(e)
accountability for administrative acts;
(f)
transparency and provision to the public of timely, accurate information;
(g)
subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions;
(h)
representation of Kenya’s diverse communities; and
(i)
affording adequate and equal opportunities for appointment,training and advancement, at all levels of the public service, of––
(i)
men and women;
(ii)
the members of all ethnic groups; and

(iii) persons with disabilities.

(2)
The values and principles of public service apply to publicservice in—
(a)
all State organs in both levels of government; and
(b)
all State corporations.
(3)
Parliament shall enact legislation to give full effect to this Article.

Part 2––the PuBlic service commission

233. (1) There is established the Public Service Commission.

(2)
The Public Service Commission consists of a chairperson, a vice chairperson and seven other members appointed by the President with the approval of the National Assembly.
(3)
Subject to clause (4), a person is not eligible for appointment as a member of the Commission if the person––

(a) has, at any time within the preceding five years, held office, or stood for election as—

(i)
a member of Parliament or of a county assembly; or
(ii)
a member of the governing body of a political party; or

(b) holds any State office;

(c)
is, or has at any time been, a candidate for election as a member of Parliament or of a county assembly; or
(d)
is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, acandidate for election as a member of Parliament or of a county assembly.
(4)
Clause (3) (c) and (d) cease to apply to a person after two general elections for Parliament have been held since the person ceased

to be such a candidate or office holder.

(5)
There shall be a secretary to the Commission.
(6)
The secretary––
(a)
is the chief executive of the Commission; and

(b) shall be appointed by the Commission for a term of five years, and is eligible for re-appointment once.

234. (1) The functions and powers of the Commission are as set out in this Article.

(2)
The Commission shall—
(a)
subject to this Constitution and legislation––
(i)
establish and abolish offices in the public service; and
(ii)
appoint persons to hold or act in those offices, and to confirm appointments;

(b) exercise disciplinary control over and remove persons

holding or acting in those offices;

(c) promote the values and principles mentioned in Articles 10 and 232 throughout the public service;

Functions and powersof the Public Service Commission.

(d) investigate, monitor and evaluate the organisation,administration and personnel practices of the publicservice;

(e) ensure that the public service is efficient and effective;

(f)
develop human resources in the public service;
(g)
review and make recommendations to the nationalgovernment in respect of conditions of service, code of

conduct and qualifications of officers in the public service;

(h)
evaluate and report to the President and Parliament onthe extent to which the values and principles mentioned in Articles 10 and 232 are complied with in the public service;
(i)
hear and determine appeals in respect of county governments’public service; and
(j)
perform any other functions and exercise any other powers conferred by national legislation.
(3)
Clauses (1) and (2) shall not apply to any of the following

offices in the public service––

(a) State offices;

(b) an office of high commissioner, ambassador or otherdiplomatic or consular representative of the Republic;

(c) an office or position subject to––

(i)
the Parliamentary Service Commission;
(ii)
the Judicial Service Commission;

(iii) the Teachers Service Commission;

(iv) the National Police Service Commission; or

(b) an office in the service of a county government, except as contemplated in clause (2) (i).

(4) The Commission shall not appoint a person under clause (2)

to hold or act in any office on the personal staff of the President or a

retired President, except with the consent of the President or retired President.

(5) The Commission may delegate, in writing, with or without conditions, any of its functions and powers under this Article to any

one or more of its members, or to any officer, body or authority in the

public service.

235. (1) A county government is responsible, within a frameworkof uniform norms and standards prescribed by an Act of Parliament,for––

(a)
establishing and abolishing offices in its public service;
(b)
appointing persons to hold or act in those offices, and
confirming appointments; and

(c) exercising disciplinary control over and removing persons

holding or acting in those offices.

(2) Clause (1) shall not apply to any office or position subject to

the Teachers Service Commission.

236. A public officer shall not be—

(a) victimised or discriminated against for having performed

the functions of office in accordance with this Constitution

or any other law; or

(b) dismissed, removed from office, demoted in rank orotherwise subjected to disciplinary action without dueprocess of law.

Part 3—teachers service commission

237. (1) There is established the Teachers Service Commission.

(2)
The functions of the Commission are—
(a)
to register trained teachers;
(b)
to recruit and employ registered teachers;
(c)
to assign teachers employed by the Commission for service
in any public school or institution;
(d)
to promote and transfer teachers;
(e)
to exercise disciplinary control over teachers; and

Staffing of county

governments.

Protection of public

officers.

Teachers Service Commission.

Principles of nationalsecurity.

National security organs.

(f)
to terminate the employment of teachers.
(3)
The Commission shall––
(a)
review the standards of education and training of persons
entering the teaching service;
(b)
review the demand for and the supply of teachers; and
(c)
advise the national government on matters relating to the
teaching profession.
CHAPTER FOURTEEN––NATIONAL SECURITY

Part 1—national security orGans

238. (1) National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, itspeople, their rights, freedoms, property, peace, stability and prosperity, and other national interests.

(2)
The national security of Kenya shall be promoted andguaranteed in accordance with the following principles––
(a)
national security is subject to the authority of this
Constitution and Parliament;
(b)
national security shall be pursued in compliance with the law
and with the utmost respect for the rule of law, democracy,
human rights and fundamental freedoms;
(c)
in performing their functions and exercising their powers,
national security organs shall respect the diverse culture of
the communities within Kenya; and
(d)
recruitment by the national security organs shall reflect the
diversity of the Kenyan people in equitable proportions.
National security organs
239. (1) The national security organs are—
(a)
the Kenya Defence Forces;
(b)
the National Intelligence Service; and
(c)
the National Police Service.
(2)
The primary object of the national security organs and securitysystem is to promote and guarantee national security in accordance withthe principles mentioned in Article 238 (2).
(3)
In performing their functions and exercising their powers, the national security organs and every member of the national security organs 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 under this Constitution.
(4)
A person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament.
(5)
The national security organs are subordinate to civilianauthority.
(6)
Parliament shall enact legislation to provide for the functions,organisation and administration of the national security organs.
240. (1) There is established a National Security Council. Establishment of the National Security
(2)
The Council consists of— Council.
(a)
the President;
(b)
the Deputy President;
(c)
the Cabinet Secretary responsible for defence;
(d)
the Cabinet Secretary responsible for foreign affairs;
(e)
the Cabinet Secretary responsible for internal security;
(f)
the Attorney-General;
(g)
the Chief of Kenya Defence Forces;
(h)
the Director-General of the National Intelligence Service;
and
(i)
the Inspector-General of the National Police Service.
(3)
The Council shall exercise supervisory control over nationalsecurity organs and perform any other functions prescribed by national legislation.
(4)
The President shall preside at meetings of the Council.
(5)
The Council shall appoint its secretary.
(6)
The Council shall—
(a)
integrate the domestic, foreign and military policies relatingto national security in order to enable the national security organs to co-operate and function effectively; and
(b)
assess and appraise the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities.
(7)
The Council shall report annually to Parliament on the state of the security of Kenya.
(8)
The Council may, with the approval of Parliament—
(a)
deploy national forces outside Kenya for—
(i)
regional or international peace support operations; or
(ii)
other support operations; and
(b)
approve the deployment of foreign forces in Kenya.

Part 2—the Kenya defence forces

Establishment of 241. (1) There are established the Kenya Defence Forces. Defence Forces and

Defence Council. (2) The Defence Forces consist of—

(a)
the Kenya Army;
(b)
the Kenya Air Force; and
(c)
the Kenya Navy.
(3)
The Defence Forces—
(a)
are responsible for the defence and protection of the
sovereignty and territorial integrity of the Republic;
(b)
shall assist and cooperate with other authorities in situations
of emergency or disaster, and report to the NationalAssembly
whenever deployed in such circumstances; and
(c)
may be deployed to restore peace in any part of Kenya
affected by unrest or instability only with the approval of
the National Assembly.
(4)
The composition of the command of the Defence Forces shall

reflect the regional and ethnic diversity of the people of Kenya.

(5)
There is established a Defence Council.
(6)
The Council consist of—
(a)
the Cabinet Secretary responsible for defence, who is the
chairperson;
(b)
the Chief of the Kenya Defence Forces;
(c)
the three commanders of the defence forces; and
(d)
the Principal Secretary in the Ministry responsible for
defence.
(7)
The Council––
(a)
is responsible for the overall policy, control, and supervision
of the Kenya Defence Forces; and
(b)
performs any other functions prescribed by national
legislation.

Part 3—the national intelliGence service

242. (1) There is established the National Intelligence Service.

Establishment of National Intelligence

(2) The National Intelligence Service––

Service.

(a) is responsible for security intelligence and counter
intelligence to enhance national security in accordance with
this Constitution; and

Establishment of the National Police Service.

Objects and functionsof the National Police Service.

Command of the National Police Service.

(b) performs any other functions prescribed by nationallegislation.

Part 4—the national Police service

243. (1) There is established the National Police Service.

(2)
The National Police Service consists of—
(a)
the Kenya Police Service; and
(b)
the Administration Police Service.
(3)
The National Police Service is a national service and shall function throughout Kenya.
(4)
Parliament shall enact legislation to give full effect to this Article.

244. The National Police Service shall—

(a)
strive for the highest standards of professionalism and
discipline among its members;
(b)
prevent corruption and promote and practice transparency and accountability;
(c)
comply with constitutional standards of human rights and fundamental freedoms;
(d)
train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and
(e)
foster and promote relationships with the broader society.

245. (1) There is established the office of the Inspector-General

of the National Police Service.

(2)
The Inspector-General––
(a)
is appointed by the President with the approval of
Parliament; and
(b)
shall exercise independent command over the NationalPolice Service, and perform any other functions prescribed by national legislation.
(3)
The Kenya Police Service and the Administration PoliceService shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the NationalPolice Service Commission.
(4)
The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may givea direction to the Inspector-General with respect to—
(a)
the investigation of any particular offence or offences;
(b)
the enforcement of the law against any particular person
or persons; or
(c)
the employment, assignment, promotion, suspension or
dismissal of any member of the National Police Service.
(5)
Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or anydirection given to the Inspector-General by the Director of PublicProsecutions under Article 157(4), shall be in writing.
(6)
The Inspector-General shall be appointed for a single four-yearterm, and is not eligible for re-appointment.

(7) The Inspector-General may be removed from office by the

President only on the grounds of—

(a) serious violation of this Constitution or any other law,
including a contravention of Chapter Six;

(b) gross misconduct whether in the performance of the office
holder’s functions or otherwise;

(c) physical or mental incapacity to perform the functions of

office;

(d)
incompetence;
(e)
bankruptcy; or
(f)
any other just cause.
(8)
Parliament shall enact legislation to give full effect to this Article.

National Police Service Commission.

Other police services.

Application ofChapter.

246. (1) There is established the National Police ServiceCommission.

(2)
The Commission consists of—
(a)
the following persons, each appointed by the President—

(i) a person who is qualified to be appointed as a High Court

Judge;

(ii) two retired senior police officers; and

(iii) three persons of integrity who have served the public with distinction;

(b)
the Inspector-General of the National Police Service; and
(c)
both Deputy Inspectors-General of the National PoliceService.
(3)
The Commission shall—

(a) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions

and transfers within the National Police Service;

(b)
observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and
(c)
perform any other functions prescribed by nationallegislation.

(4) The composition of the National Police Service shall reflect

the regional and ethnic diversity of the people of Kenya.

247. Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.

CHAPTER FIFTEEN—COMMISSIONS AND
INDEPENDENT OFFICES

248. (1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to

the extent that this Constitution provides otherwise.

(2)
The commissions are—
(a)
the Kenya National Human Rights and EqualityCommission;
(b)
the National Land Commission;
(c)
the Independent Electoral and Boundaries Commission;
(d)
the Parliamentary Service Commission;
(e)
the Judicial Service Commission;
(f)
the Commission on Revenue Allocation;
(g)
the Public Service Commission;
(h)
the Salaries and Remuneration Commission;
(i)
the Teachers Service Commission; and
(j)
the National Police Service Commission.

(3) The independent offices are—

(a)
the Auditor-General; and
(b)
the Controller of Budget.

249. (1) The objects of the commissions and the independent

offices are to—

(a)
protect the sovereignty of the people;
(b)
secure the observance by all State organs of democratic values and principles; and
(c)
promote constitutionalism.

(2) The commissions and the holders of independent offices—

(a)
are subject only to this Constitution and the law; and
(b)
are independent and not subject to direction or control byany person or authority.

Objects, authorityand funding ofcommissions and

independent offices.

Composition,appointment and

terms of office.

(3) Parliament shall allocate adequate funds to enable eachcommission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote.

250. (1) Each commission shall consist of at least three, but not more than nine, members.

(2) The chairperson and each member of a commission, and the

holder of an independent office, shall be—

(a) identified and recommended for appointment in a manner prescribed by national legislation;

(b)
approved by the National Assembly; and
(c)
appointed by the President.

(3) To be appointed, a person shall have the specific qualifications

required by this Constitution or national legislation.

(4) Appointments to commissions and independent offices shall

take into account the national values mentioned in Article 10, and the

principle that the composition of the commissions and offices, taken as a whole, shall reflect the regional and ethnic diversity of the people

of Kenya.

(5) A member of a commission may serve on a part-time basis.

(6) A member of a commission, or the holder of an independent

office—

(a) unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment; and

(b) unless ex officio or part-time, shall not hold any other office or employment for profit, whether public or private.

(7) The remuneration and benefits payable to or in respect of acommissioner or the holder of an independent office shall be a charge on the Consolidated Fund.

(8) The remuneration and benefits payable to, or in respect of, a commissioner or the holder of an indepenedent office shall not be varied

to the disadvantage of that commissioner or holder of an independent

office.

(9) A member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office.

(10) The members of a commission shall elect a vice-chairpersonfrom among themselves—

(a)
at the first sitting of the commission; and
(b)
whenever it is necessary to fill a vacancy in the office of
the vice-chairperson.
(11)
The chairperson and vice-chairperson of a commission shall not be of the same gender.
(12)
There shall be a Secretary to each commission who shall be—
(a)
appointed by the commission; and

(b) the chief executive officer of the commission.

251. (1) A member of a commission (other than an ex officio

Removal from office.

member), or the holder of an independent office, may be removed from office only for—

(a)
serious violation of this Constitution or any other law,
including a contravention of Chapter Six;
(b)
gross misconduct, whether in the performance of the
(c)
physical or mental incapacity to perform the functions of

member’s or office holder’s functions or otherwise;

office;

(d)
incompetence; or
(e)
bankruptcy.
(2)
A person desiring the removal of a member of a commission

or of a holder of an independent office on any ground specified in

clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.

(3) The National Assembly shall consider the petition and, if it

is satisfied that it discloses a ground under clause (1), shall send the

General functions and powers.

petition to the President.

(4) On receiving a petition under clause (3), the President—

(a) may suspend the member or office holder pending theoutcome of the complaint; and

(b)
shall appoint a tribunal in accordance with clause (5).
(5)
The tribunal shall consist of—
(a)
a person who holds or has held office as a judge of a superiorcourt, who shall be the chairperson;
(b)
at least two persons who are qualified to be appointed as High Court judges; and
(c)
one other member who is qualified to assess the facts in respect of the particular ground for removal.

(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.

(7) A person suspended under this Article is entitled to continue

to receive one-half of the remuneration and benefits of the office while

suspended.

252. (1) Each commission, and each holder of an independent

office—

(a)
may conduct investigations on its own initiative or on a complaint made by a member of the public;
(b)
has the powers necessary for conciliation, mediation and negotiation;
(c)
shall recruit its own staff; and
(d)
may perform any functions and exercise any powersprescribed by legislation, in addition to the functions andpowers conferred by this Constitution.
(2)
A complaint to a commission or the holder of an independent

office may be made by any person entitled to institute court proceedings

under Article 22 (1) and (2).

(3) The following commissions and independent offices have the

power to issue a summons to a witness to assist for the purposes of itsinvestigations—

(a)
the Kenya National Human Rights and EqualityCommission;
(b)
the Judicial Service Commission;
(c)
the National Land Commission; and
(d)
the Auditor-General.

253. Each commission and each independent office—

(a)
is a body corporate with perpetual succession and a seal;and
(b)
is capable of suing and being sued in its corporate name.

254. (1) As soon as practicable after the end of each financial year, each commission, and each holder of an independent office, shall

submit a report to the President and to Parliament.

(2) At any time, the President, the National Assembly or the Senate

may require a commission or holder of an independent office to submit

a report on a particular issue.

(3) Every report required from a commisssion or holder ofan independent office under this Article shall be published andpublicised.

CHAPTER SIXTEEN––AMENDMENT OF THIS
CONSTITUTION

255. (1) A proposed amendment to this Constitution shall beenacted in accordance with Article 256 or 257, and approved inaccordance with clause (2) by a referendum, if the amendment relates to any of the following matters—

(a)
the supremacy of this Constitution;
(b)
the territory of Kenya;
(c)
the sovereignty of the people;

Incorporation ofcommissions and

independent offices.

Reporting bycommissions and

independent offices.

Amendment of this Constitution.

(d)
the national values and principles of governance mentionedin Article 10 (2) (a) to (d);
(e)
the Bill of Rights;

(f) the term of office of the President;

(g) the independence of the Judiciary and the commissions and

independent offices to which Chapter Fifteen applies;

(h)
the functions of Parliament;
(i)
the objects, principles and structure of devolved government; or
(j)
the provisions of this Chapter.
(2)
A proposed amendment shall be approved by a referendumunder clause (1) if—
(a)
at least twenty per cent of the registered voters in each of atleast half of the counties vote in the referendum; and
(b)
the amendment is supported by a simple majority of the citizens voting in the referendum.
(3)
An amendment to this Constitution that does not relate to a matter mentioned in clause (1) shall be enacted either—
(a)
by Parliament, in accordance with Article 256; or
(b)
by the people and Parliament, in accordance with Article

257.

Amendment by 256. (1) A Bill to amend this Constitution—
parliamentary
initiative. (a) may be introduced in either House of Parliament;

(b)
may not address any other matter apart from consequential amendments to legislation arising from the Bill;
(c)
shall not be called for second reading in either House

within ninety days after the first reading of the Bill in that

House; and

(d) shall have been passed by Parliament when each House of Parliament has passed the Bill, in both its second and third

readings, by not less than two-thirds of all the members of
that House.

(2)
Parliament shall publicise any Bill to amend this Constitution,and facilitate public discussion about the Bill.
(3)
After Parliament passes a Bill to amend this Constitution, the Speakers of the two Houses of Parliament shall jointly submit to the President—
(a)
the Bill, for assent and publication; and

(b) a certificate that the Bill has been passed by Parliament in
accordance with this Article.

(4)
Subject to clause (5), the President shall assent to the Bill and cause it to be published within thirty days after the Bill is enactedby Parliament.
(5)
If a Bill to amend this Constitution proposes an amendment relating to a matter mentioned in Article 255 (1)—
(a)
the President shall, before assenting to the Bill, request
the Independent Electoral and Boundaries Commission
to conduct, within ninety days, a national referendum for
approval of the Bill; and
(b)
within thirty days after the chairperson of the Independent

Electoral and Boundaries Commission has certified to the

President that the Bill has been approved in accordance with
Article 255 (2), the President shall assent to the Bill and
cause it to be published.

257. (1) An amendment to this Constitution may be proposed by Amendment bya popular initiative signed by at least one million registered voters. popular initiative.

(2)
A popular initiative for an amendment to this Constitution maybe in the form of a general suggestion or a formulated draft Bill.
(3)
If a popular initiative is in the form of a general suggestion, thepromoters of that popular initiative shall formulate it into a draft Bill.
(4)
The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral andBoundaries Commission, which shall verify that the initiative issupported by at least one million registered voters.

Enforcement of this Constitution.

(5) If the Independent Electoral and Boundaries Commission is

satisfied that the initiative meets the requirements of this Article, the

Commission shall submit the draft Bill to each county assembly forconsideration within three months after the date it was submitted by the Commission.

(6) If a county assembly approves the draft Bill within threemonths after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.

(7)
If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
(8)
A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.
(9)
If Parliament passes the Bill, it shall be submitted to thePresident for assent in accordance with Articles 256 (4) and (5).
(10)
If either House of Parliament fails to pass the Bill, or the Bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum.

(11) Article 255 (2) applies, with any necessary modifications, to

a referendum under clause (10).

CHAPTER SEVENTEEN—GENERAL PROVISIONS

258. (1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.

(2) In addition to a person acting in their own interest, courtproceedings under clause (1) may be instituted by—

(a)
a person acting on behalf of another person who cannot act
in their own name;
(b)
a person acting as a member of, or in the interest of, a group
or class of persons;
(c)
a person acting in the public interest; or
(d)
an association acting in the interest of one or more of its
members.

259. (1) This Constitution shall be interpreted in a manner that—

(a)
promotes its purposes, values and principles;
(b)
advances the rule of law, and the human rights andfundamental freedoms in the Bill of Rights;
(c)
permits the development of the law; and
(d)
contributes to good governance.

(2) If there is a conflict between different language versions of

this Constitution, the English language version prevails.

(3)
Every provision of this Constitution shall be construedaccording to the doctrine of interpretation that the law is always speakingand, therefore, among other things—
(a)
a function or power conferred by this Constitution on an

office may be performed or exercised as occasion requires, by the person holding the office;

(b) any reference in this Constitution to a State or other public

office or officer, or a person holding such an office, includes

a reference to the person acting in or otherwise performing

the functions of the office at any particular time;

(c)
a reference in this Constitution to an office, State organ or locality named in this Constitution shall be read with anyformal alteration necessary to make it applicable in thecircumstances; and
(d)
a reference in this Constitution to an office, body or

organisation is, if the office, body or organisation has ceasedto exist, a reference to its successor or to the equivalent office,

body or organisation.

(4)
In this Constitution, unless the context otherwise requires—
(a)
if a word or expression is defined in this Constitution, any grammatical variation or cognate expression of the wordor expression has a corresponding meaning, read with the changes required by the context; and
(b)
the word “includes” means “includes, but is not limitedto”.

Construing this
Constitution.

(5)
In calculating time between two events for any purpose under this Constitution, if the time is expressed—
(a)
as days, the day on which the first event occurs shall be excluded, and the day by which the last event may occur shall be included;
(b)
as months, the time period ends at the beginning of the day in the relevant month—
(i)
that has the same number as the date on which the period began, if that month has a corresponding date; or
(ii)
that is the last day of that month, in any other case; or
(c)
as years, the period of time ends at the beginning of the dateof the relevant year that corresponds to the date on which the period began.
(6)
If a period of time prescribed by this Constitution for any purpose is six days or less, Sundays and public holidays shall not count when calculating the time.
(7)
If, in any particular circumstances, the period of timeprescribed by this Constitution ends on a Sunday or a public holiday,

the period extends to the first subsequent day that is not a Sunday or

public holiday.

(8)
If a particular time is not prescribed by this Constitution for performing a required act, the act shall be done without unreasonable delay, and as often as occasion arises.
(9)
If any person or State organ has authority under thisConstitution to extend a period of time prescribed by this Constitution, the authority may be exercised either before or after the end of the period,unless a contrary intention is expressly mentioned in the provisionconferring the authority.

(10) Except to the extent that this Constitution provides otherwise,

if a person has vacated an office established under this Constitution, the person may, if qualified, again be appointed, elected or otherwise selected to hold the office in accordance with this Constitution.

(11) If a function or power conferred on a person under thisConstitution is exercisable by the person only on the advice orrecommendation, with the approval or consent of, or on consultation with, another person, the function may be performed or the powerexercised only on that advice, recommendation, with that approvalor consent, or after that consultation, except to the extent that thisConstitution provides otherwise.

260. In this Constitution, unless the context requiresotherwise—

“adult” means an individual who has attained the age of eighteen years;

“affirmative action” includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;

“child” means an individual who has not attained the age ofeighteen years;

“contravene” includes fail to comply with;

“county legislation” means a law made by a county government or under under authority conferred by a county Assembly;

“disability” includes any physical, sensory, mental, psychologicalor other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long-term effect on an individual’s ability to carry out ordinary day-to-day activities;

“document” includes––

(a) any publication, or any matter written, expressed, or

inscribed on any substance by means of letters, figures or

marks, or by more than one of those means, that is intended

to be used or may be used for the purpose of recording that