Table of content
THE CONSTITUTION OF KENYA
ARRANGEMENT OF ARTICLES
1—Sovereignty of the people.
2—Supremacy of this Constitution.
3—Defence of this Constitution.
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.
12—Entitlements of citizens.
13—Retention and acquisition of citizenship.
14—Citizenship by birth.
15—Citizenship by registration.
17—Revocation of citizenship.
18—Legislation on citizenship.
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.
29—Freedom and security of the person.
30—Slavery, servitude and forced labour.
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.
39—Freedom of movement and residence.
40—Protection of right to property.
43—Economic and social rights.
44—Language and culture.
47—Fair administrative action.
48—Access to justice.
49—Rights of arrested persons.
51—Rights of persons detained, held in custody or imprisoned.
Part 3—Specific Application of Rights
52—Interpretation of Part.
54—Persons with disabilities.
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.
60—Principles of land policy.
61—Classification of 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.
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-corruption commission.
80—Legislation on leadership.
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.
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.
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.
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.
115—Presidential assent and referral.
116—Coming into force of laws.
Part 5—Parliament’s General Procedures and Rules
117—Powers, privileges and immunities.
118—Public access and participation.
119—Right to petition Parliament.
120—Official languages of Parliament.
122—Voting in Parliament.
123—Decisions of Senate.
124—Committees and Standing Orders.
125—Power to call for evidence.
126—Location of sittings of Parliament.
127—Parliamentary Service Commission.
128—Clerks and staff of Parliament.
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 Deputy President.
Part 3—The Cabinet
153—Decisions, responsibility and accountability of the Cabinet.
154—Secretary to the Cabinet.
Part 4—Other Offices
157—Director of Public Prosecutions.
158—Removal and resignation of Director of Public Prosecutions.
Part 1—Judicial Authority and Legal System
160—Independence of the Judiciary.
161—Judicial offices and officers.
162—System of courts.
Part 2—Superior Courts
164—Court of Appeal.
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
Part 4—Judicial Service Commission
171—Establishment of the Judicial Service Commission.
172—Functions of the Judicial Service Commission.
Part 1—Objects and Principles of Devolved Government
174—Objects of devolution.
175—Principles of devolved government.
Part 2—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 of government.
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.
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 and immunities.
197—County assembly gender balance and diversity.
198—County government during transition.
199—Publication of county legislation.
200— Legislation on Chapter.
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.
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.
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.
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.
224—County appropriation Bills.
Part 6—Control of Public Money
226—Accounts and audit of public entities.
227—Procurement of public goods and services.
Part 7— Financial Officers and Institutions
228—Controller of Budget.
230—Salaries and Remuneration Commission.
231—Central Bank of Kenya.
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.
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.
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.
255—Amendment of this Constitution.
256—Amendment by parliamentary initiative.
257—Amendment by popular initiative.
258—Enforcement of this Constitution.
259—Construing this Constitution.
262—Transitional and consequential provisions.
264—Repeal of previous constitution.
Second Schedule—-National symbols
Third Schedule—-National Oaths and affirmations
Fourth Schedule—-Distribution of functions between National and the county governments
Fifth Schedule—-Legislation to be enacted by Parliament
Sixth Schedule—-Transitional and consequential provisions