Constitution
264 articles
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English: Kenya Law · public domain. Kiswahili: unofficial translation with a disclaimer cover page.
Chapter 1.Sovereignty of the People and Supremacy of This Constitution
Chapter 2.The Republic
Chapter 3.Citizenship
Chapter 4.The Bill of Rights
- Art. 19Rights and fundamental freedomsplain language
- Art. 20Application of Bill of Rightsplain language
- Art. 21Implementation of rights and fundamental freedoms
- Art. 22Enforcement of Bill of Rights
- Art. 23Authority of courts to uphold and enforce the Bill of Rights
- Art. 24Limitation of rights and fundamental freedomsplain language
- Art. 25Fundamental Rights and freedoms that may not be limitedplain language
- Art. 26Right to lifeplain language
- Art. 27Equality and freedom from discriminationplain language
- Art. 28Human dignityplain language
- Art. 29Freedom and security of the personplain language
- Art. 30Slavery, servitude and forced labourplain language
- Art. 31Privacyplain language
- Art. 32Freedom of conscience, religion, belief and opinionplain language
- Art. 33Freedom of expressionplain language
- Art. 34Freedom of the media
- Art. 35Access to informationplain language
- Art. 36Freedom of associationplain language
- Art. 37Assembly, demonstration, picketing and petitionplain language
- Art. 38Political rightsplain language
- Art. 39Freedom of movement and residenceplain language
- Art. 40Protection of right to propertyplain language
- Art. 41Labour relationsplain language
- Art. 42Environmentplain language
- Art. 43Economic and social rightsplain language
- Art. 44Language and culture
- Art. 45Familyplain language
- Art. 46Consumer rightsplain language
- Art. 47Fair administrative actionplain language
- Art. 48Access to justiceplain language
- Art. 49Rights of arrested personsplain language
- Art. 50Fair hearingplain language
- Art. 51Rights of persons detained, held in custody or imprisonedplain language
- Art. 52Interpretation of this Part
- Art. 53Childrenplain language
- Art. 54Persons with disabilitiesplain language
- Art. 55Youth
- Art. 56Minorities and marginalised groups
- Art. 57Older members of society
- Art. 58State of emergency
- Art. 59Kenya National Human Rights and Equality Commission
Chapter 5.Land and Environment
- Art. 60Principles of land policy
- Art. 61Classification of land
- Art. 62Public land
- Art. 63Community land
- Art. 64Private land
- Art. 65Landholding by non-citizens
- Art. 66Regulation of land use and property
- Art. 67National Land Commission
- Art. 68Legislation on land
- Art. 69Obligations in respect of the environment
- Art. 70Enforcement of environmental rights
- Art. 71Agreements relating to natural resources
- Art. 72Legislation relating to the environment
Chapter 6.Leadership and Integrity
- Art. 73Responsibilities of leadership
- Art. 74Oath of office of State officers
- Art. 75Conduct of State officers
- Art. 76Financial probity of State officers
- Art. 77Restriction on activities of State officers
- Art. 78Citizenship and leadership
- Art. 79Legislation to establish the ethics and anti-corruption commission
- Art. 80Legislation on leadership
Chapter 7.Representation of the People
- Art. 81General principles for the electoral system
- Art. 82Legislation on elections
- Art. 83Registration as a voter
- Art. 84Candidates for election and political parties to comply with code of conduct
- Art. 85Eligibility to stand as an independent candidate
- Art. 86Voting
- Art. 87Electoral disputes
- Art. 88Independent Electoral and Boundaries Commission
- Art. 89Delimitation of electoral units
- Art. 90Allocation of party list seats
- Art. 91Basic requirements for political parties
- Art. 92Legislation on political parties
Chapter 8.The Legislature
- Art. 93Establishment of Parliament
- Art. 94Role of Parliament
- Art. 95Role of the National Assembly
- Art. 96Role of the Senate
- Art. 97Membership of the National Assembly
- Art. 98Membership of the Senate
- Art. 99Qualifications and disqualifications for election as member of Parliament
- Art. 100Promotion of representation of marginalised groups
- Art. 101Election of members of Parliament
- Art. 102Term of Parliament
- Art. 103Vacation of office of member of Parliament
- Art. 104Right of recall
- Art. 105Determination of questions of membership
- Art. 106Speakers and Deputy Speakers of Parliament
- Art. 107Presiding in Parliament
- Art. 108Party leaders
- Art. 109Exercise of legislative powers
- Art. 110Bills concerning county government
- Art. 111Special Bills concerning county governments
- Art. 112Ordinary Bills concerning county governments
- Art. 113Mediation committees
- Art. 114Money Bills
- Art. 115Presidential assent and referral
- Art. 116Coming into force of laws
- Art. 117Powers, privileges and immunities
- Art. 118Public access and participation
- Art. 119Right to petition Parliament
- Art. 120Official languages of Parliament
- Art. 121Quorum
- Art. 122Voting in Parliament
- Art. 123Decisions of Senate
- Art. 124Committees and Standing Orders
- Art. 125Power to call for evidence
- Art. 126Location of sittings of Parliament
- Art. 127Parliamentary Service Commission
- Art. 128Clerks and staff of Parliament
Chapter 9.The Executive
- Art. 129Principles of executive authority
- Art. 130The National Executive
- Art. 131Authority of the President
- Art. 132Functions of the President
- Art. 133Power of mercy
- Art. 134Exercise of presidential powers during temporary incumbency
- Art. 135Decisions of the President
- Art. 136Election of the President
- Art. 137Qualifications and disqualifications for election as President
- Art. 138Procedure at presidential election
- Art. 139Death before assuming office
- Art. 140Questions as to validity of presidential election
- Art. 141Assumption of office of President
- Art. 142Term of office of President
- Art. 143Protection from legal proceedings
- Art. 144Removal of President on grounds of incapacity
- Art. 145Removal of President by impeachment
- Art. 146Vacancy in the office of President
- Art. 147Functions of the Deputy President
- Art. 148Election and swearing-in of Deputy President
- Art. 149Vacancy in the office of Deputy President
- Art. 150Removal of Deputy President
- Art. 151Remuneration and benefits of President and Deputy President
- Art. 152Cabinet
- Art. 153Decisions, responsibility and accountability of the Cabinet
- Art. 154Secretary to the Cabinet
- Art. 155Principal Secretaries
- Art. 156Attorney-General
- Art. 157Director of Public Prosecutions
- Art. 158Removal and resignation of Director of Public Prosecutions
Chapter 10.Judiciary
- Art. 159Judicial authority
- Art. 160Independence of the Judiciary
- Art. 161Judicial offices and officers
- Art. 162System of courts
- Art. 163Supreme Court
- Art. 164Court of Appeal
- Art. 165High Court
- Art. 166Appointment of Chief Justice, Deputy Chief Justice and other judges
- Art. 167Tenure of office of the Chief Justice and other judges
- Art. 168Removal from office
- Art. 169Subordinate courts
- Art. 170Kadhis’ courts
- Art. 171Establishment of the Judicial Service Commission
- Art. 172Functions of the Judicial Service Commission
- Art. 173Judiciary Fund
Chapter 11.Devolved Government
- Art. 174Objects of devolution
- Art. 175Principles of devolved government
- Art. 176County governments
- Art. 177Membership of county assembly
- Art. 178Speaker of a county assembly
- Art. 179County executive committees
- Art. 180Election of county governor and deputy county governor
- Art. 181Removal of a county governor
- Art. 182Vacancy in the office of county governor
- Art. 183Functions of county executive committees
- Art. 184Urban areas and cities
- Art. 185Legislative authority of county assemblies
- Art. 186Respective functions and powers of national and county governments
- Art. 187Transfer of functions and powers between levels of government
- Art. 188Boundaries of counties
- Art. 189Cooperation between national and county governments
- Art. 190Support for county governments
- Art. 191Conflict of laws
- Art. 192Suspension of a county government
- Art. 193Qualifications for election as member of county assembly
- Art. 194Vacation of office of member of county assembly
- Art. 195County assembly power to summon witnesses
- Art. 196Public participation and county assembly powers, privileges and immunities
- Art. 197County assembly gender balance and diversity
- Art. 198County government during transition
- Art. 199Publication of county legislation
- Art. 200Legislation on Chapter
Chapter 12.Public Finance
- Art. 201Principles of public finance
- Art. 202Equitable sharing of national revenue
- Art. 203Equitable share and other financial laws
- Art. 204Equalisation Fund
- Art. 205Consultation on financial legislation affecting counties
- Art. 206Consolidated Fund and other public funds
- Art. 207Revenue Funds for county governments
- Art. 208Contingencies Fund
- Art. 209Power to impose taxes and charges
- Art. 210Imposition of tax
- Art. 211Borrowing by national government
- Art. 212Borrowing by counties
- Art. 213Loan guarantees by national government
- Art. 214Public debt
- Art. 215Commission on Revenue Allocation
- Art. 216Functions of the Commission on Revenue Allocation
- Art. 217Division of revenue
- Art. 218Annual Division and Allocation of Revenue Bills
- Art. 219Transfer of equitable share
- Art. 220Form, content and timing of budgets
- Art. 221Budget estimates and annual Appropriation Bill
- Art. 222Expenditure before annual budget is passed
- Art. 223Supplementary appropriation
- Art. 224County appropriation Bills
- Art. 225Financial control
- Art. 226Accounts and audit of public entities
- Art. 227Procurement of public goods and services
- Art. 228Controller of Budget
- Art. 229Auditor-General
- Art. 230Salaries and Remuneration Commission
- Art. 231Central Bank of Kenya
Chapter 13.The Public Service
Chapter 14.National Security
- Art. 238Principles of national security
- Art. 239National security organs
- Art. 240Establishment of the National Security Council
- Art. 241Establishment of Kenya Defence Forces and Defence Council
- Art. 242Establishment of National Intelligence Service
- Art. 243Establishment of the National Police Service
- Art. 244Objects and functions of the National Police Service
- Art. 245Command of the National Police Service
- Art. 246National Police Service Commission
- Art. 247Other police services
Chapter 15.Commissions and Independent Offices
- Art. 248Application of Chapter
- Art. 249Objects, authority and funding of commissions and independent offices
- Art. 250Composition, appointment and terms of office
- Art. 251Removal from office
- Art. 252General functions and powers
- Art. 253Incorporation of commissions and independent offices
- Art. 254Reporting by commissions and independent offices