- THE CONSTITUTION OF KENYA
- ARRANGEMENT OF ARTICLES
- PREAMBLE
- CHAPTER ONE-SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
- CHAPTER TWO-THE REPUBLIC
- CHAPTER THREE-CITIZENSHIP
- CHAPTER FOUR-THE BILL OF RIGHTS
- Part 1—General provisions relating to the Bill of Rights
- 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 and 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
- 48. Access to justice
- 47. Fair administrative action
- 49. Rights of arrested persons
- 51. Rights of persons detained, held in custody or imprisoned
- 50. Fair hearing
- Part 3 – Specific application of rights
- Part 4-State of Emegency
- Part 5 – Kenya National Human Rights and Equality Commission
- Part 1—General provisions relating to the Bill of Rights
- CHAPTER FIVE-LAND AND ENVIRONMENT
- CHAPTER SIX-LEADERSHIP 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
- 79. Legislation to establish the ethics and anti-corruption commission
- 78. Citizenship and leadership
- 80. Legislation on leadership
- CHAPTER SEVEN- REPRESENTATION OF THE PEOPLE
- CHAPTER EIGHT-THE LEGISLATURE
- Part 1—Establishment and role of Parliament
- 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 ofParliament
- 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
- Part 4—Procedures for enacting legislation
- Part 5—Parliament’s general procedures and rules
- Part 6—Miscellaneous
- CHAPTER NINE-THE EXECUTIVE
- Part 1—Principles and Structure of 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 Deputy President
- Part 3 – The Cabinet
- Part 4—Other offices
- CHAPTER TEN-JUDICIARY
- CHAPTER ELEVEN-DEVOLVED GOVERNMENT
- Part 1—Objects and 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 governor
- 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
- Part 4—The boundaries of counties
- Part 5—Relationships between governments
- Part 6—Suspension of county governments
- Part 7—General
- 193. Qualifications for election as member of county assembly
- 194. Vacation of office of member of county assembly
- 195. County assembly power to summon witnesses
- 196. Public participation and county assembly powers, privileges andimmunities
- 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
- CHAPTER THIRTEEN-THE PUBLIC SERVICE
- CHAPTER FOURTEEN-NATIONAL SECURITY
- 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
- CHAPTER SEVENTEEN-GENERAL PROVISIONS
- CHAPTER EIGHTEEN-TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
- FIRST SCHEDULE-COUNTIES
- SECOND SCHEDULE-NATIONAL SYMBOLS
- THIRD SCHEDULE-NATIONAL OATHS AND AFFIRMATIONS
- OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF THEPRESIDENT/ACTING PRESIDENT AND THE DEPUTY PRESIDE
- OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OFOFFICE FOR THE PRESIDENT/ACTING PRESIDENT
- OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OFOFFICE FOR THE DEPUTY PRESIDENT
- OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OFOFFICE FOR A CABINET SECRETARY
- OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OFOFFICE FOR SECRETARY TO THE CABINET/ A PRINCIPALSECRETARY
- OATHS FOR THE CHIEF JUSTICE /PRESIDENT OF THE SUPREMECOURT, JUDGES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEAL AND JUDGES OF THE HIGH COURT
- OATH /AFFIRMATION OF MEMBER OF PARLIAMENT (SENATE/NATIONAL ASSEMBLY)
- OATH FOR SPEAKER/DEPUTY SPEAKER OF THESENATE/NATIONAL ASSEMBLY
- FOURTH SCHEDULE-DISTRIBUTION OF FUNCTIONS BETWEEN THE NATIONALGOVERNMENT AND THE COUNTY GOVERNMENTS
- FIFTH SCHEDULE-LEGISLATION TO BE ENACTED BY PARLIAMENT
- SIXTH SCHEDULE-TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
- SUBSIDIARY LEGISLATION
- SCHEDULE
Published by the National Council for Law Reportingwith the Authority of the Attorney General
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER ONE—SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
1—Sovereignty of the people. CHAPTER TWO—THE REPUBLIC
4—Declaration of the Republic. 7—National, official and other languages.
8—State and religion. CHAPTER THREE—CITIZENSHIP
12—Entitlements of citizens. CHAPTER FOUR—THE BILL OF RIGHTS
Part 1—General Provisions relatinG to the Bill of riGhts
19—Rights and fundamental freedoms. 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. Part 3—sPecific aPPlication of riGhts
52—Interpretation of Part. 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. 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 SIX—LEADERSHIP AND INTEGRITY
73—Responsibilities of leadership.
74—Oath of office of State officers. 78—Citizenship and leadership.79—Legislation to establish the ethics and anti-corruptioncommission. 80—Legislation on leadership.
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE
THE CONSTITUTION OF KENYA
2—Supremacy of this Constitution.
3—Defence of this Constitution.
5—Territory of Kenya.
6—Devolution and access to services.
9—National symbols and national days.
10—National values and principles of governance.
11—Culture.
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.
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
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.
53—Children.
54—Persons with disabilities.
55—Youth.
56—Minorities and marginalised groups.
57—Older members of society.
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.
75—Conduct of State officers.
76—Financial probity of State officers.
77—Restriction on activities of State officers.