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Constitution
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Chapter 1 · Art. 1
Sovereignty of the people
All sovereign power belongs to the people of Kenya.
Chapter 1 · Art. 2
Supremacy of this Constitution
This Constitution is the supreme law of Kenya and binds everyone and all State organs.
Chapter 1 · Art. 3
Defence of this Constitution
Every person has an obligation to respect, uphold and defend this Constitution.
Chapter 2 · Art. 4
Declaration of the Republic
Kenya is a sovereign Republic.
Chapter 2 · Art. 5
Territory of Kenya
Kenya consists of its territory and territorial waters, and any additional territory defined by Parliament.
Chapter 2 · Art. 6
Devolution and access to services
Kenya is divided into the counties listed in the First Schedule.
Chapter 2 · Art. 7
National, official and other languages
The national language of Kenya is Kiswahili.
Chapter 2 · Art. 8
State and religion
There is no State religion in Kenya.
Chapter 2 · Art. 9
National symbols and national days
The national symbols are the flag, the anthem, the coat of arms and the public seal.
Chapter 2 · Art. 10
National values and principles of governance
The national values bind all State organs and public officers when they apply the Constitution, make laws or make policy.
Chapter 2 · Art. 11
Culture
The Constitution recognises culture as the foundation of the nation.
Chapter 3 · Art. 12
Entitlements of citizens
Every citizen is entitled to the rights, privileges and benefits of citizenship.
Chapter 3 · Art. 13
Retention and acquisition of citizenship
Everyone who was a citizen before the effective date keeps that status.
Chapter 3 · Art. 14
Citizenship by birth
You are a citizen by birth if, on the day you were born, either your mother or father was a citizen.
Chapter 3 · Art. 15
Citizenship by registration
A person married to a citizen for at least seven years may apply to be registered as a citizen.
Chapter 3 · Art. 16
Dual citizenship
A citizen by birth does not lose Kenyan citizenship by acquiring another country's citizenship.
Chapter 3 · Art. 17
Revocation of citizenship
Citizenship acquired by registration may be revoked if it was obtained by fraud or false representation.
Chapter 3 · Art. 18
Legislation on citizenship
Parliament must make laws about how a person becomes a citizen.
Chapter 4 · Art. 19
Rights and fundamental freedoms
The Bill of Rights is a core part of Kenya's democracy.
Chapter 4 · Art. 20
Application of Bill of Rights
The Bill of Rights applies to all law and binds the State and all people.
Chapter 4 · Art. 21
Implementation of rights and fundamental freedoms
It is the duty of the State and every State organ to respect, protect, promote and fulfil the rights in the Bill of Rights.
Chapter 4 · Art. 22
Enforcement of Bill of Rights
If your rights are denied or threatened, you can go to court.
Chapter 4 · Art. 23
Authority of courts to uphold and enforce the Bill of Rights
The High Court can hear cases about rights that have been denied, violated or threatened.
Chapter 4 · Art. 24
Limitation of rights and fundamental freedoms
A right may only be limited by law, and only when the limit is reasonable and justifiable in a free and democratic society.
Chapter 4 · Art. 25
Fundamental Rights and freedoms that may not be limited
Some rights can never be limited, even in an emergency.
Chapter 4 · Art. 26
Right to life
Every person has the right to life.
Chapter 4 · Art. 27
Equality and freedom from discrimination
Everyone is equal before the law, and everyone gets the same protection and benefits from it.
Chapter 4 · Art. 28
Human dignity
Every person has worth and must be treated with respect. No one may take your dignity away.
Chapter 4 · Art. 29
Freedom and security of the person
No one may take away your freedom without a good reason or a fair process.
Chapter 4 · Art. 30
Slavery, servitude and forced labour
No person may be held in slavery or servitude.
Chapter 4 · Art. 31
Privacy
Your body, your home and your property may not be searched without a good legal reason.
Chapter 4 · Art. 32
Freedom of conscience, religion, belief and opinion
Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
Chapter 4 · Art. 33
Freedom of expression
You are free to say what you think, and to look for, get, and share information and ideas.
Chapter 4 · Art. 34
Freedom of the media
The freedom and independence of the media is guaranteed.
Chapter 4 · Art. 35
Access to information
You have the right to see information held by the government.
Chapter 4 · Art. 36
Freedom of association
Everyone has the right to form, join or take part in an association of any kind.
Chapter 4 · Art. 37
Assembly, demonstration, picketing and petition
You can gather, march or protest peacefully, as long as you are not carrying weapons.
Chapter 4 · Art. 38
Political rights
You are free to join or form a political party.
Chapter 4 · Art. 39
Freedom of movement and residence
You can move around freely in Kenya.
Chapter 4 · Art. 40
Protection of right to property
You can own property anywhere in Kenya.
Chapter 4 · Art. 41
Labour relations
Everyone has the right to fair treatment at work.
Chapter 4 · Art. 42
Environment
Every person has the right to a clean and healthy environment.
Chapter 4 · Art. 43
Economic and social rights
Everyone has the right to the best possible standard of health, including health care services.
Chapter 4 · Art. 44
Language and culture
Every person has the right to use the language and take part in the cultural life of their choice.
Chapter 4 · Art. 45
Family
The family is the natural and fundamental unit of society and is protected by the State.
Chapter 4 · Art. 46
Consumer rights
Consumers have the right to goods and services of reasonable quality.
Chapter 4 · Art. 47
Fair administrative action
When the government makes a decision about you, it must be fair, lawful and made without unnecessary delay.
Chapter 4 · Art. 48
Access to justice
The State must make sure everyone can go to court to settle a dispute.
Chapter 4 · Art. 49
Rights of arrested persons
If you are arrested, the police must tell you why, in a language you understand.
Chapter 4 · Art. 50
Fair hearing
Every dispute should be decided fairly and openly by a court or an impartial body.
Chapter 4 · Art. 51
Rights of persons detained, held in custody or imprisoned
Even if you are detained or in prison, you keep your rights in the Bill of Rights.
Chapter 4 · Art. 52
Interpretation of this Part
This Part explains certain rights so it is clearer how they apply to certain groups of people.
Chapter 4 · Art. 53
Children
Every child has the right to a name and a nationality from birth.
Chapter 4 · Art. 54
Persons with disabilities
A person with a disability must be treated with dignity and respect, and spoken about in a way that is not demeaning.
Chapter 4 · Art. 55
Youth
The State must take measures to ensure the youth can access education and training.
Chapter 4 · Art. 56
Minorities and marginalised groups
The State must put in place programmes so minorities and marginalised groups participate and are represented in governance and other areas of life.
Chapter 4 · Art. 57
Older members of society
The State must ensure older persons can fully participate in the affairs of society.
Chapter 4 · Art. 58
State of emergency
A state of emergency can only be declared when the country is threatened by war, invasion, serious disorder, natural disaster or another public emergency.
Chapter 4 · Art. 59
Kenya National Human Rights and Equality Commission
Kenya has a national Human Rights and Equality Commission.
Chapter 5 · Art. 60
Principles of land policy
Land in Kenya must be held, used and managed fairly, efficiently and sustainably.
Chapter 5 · Art. 61
Classification of land
All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
Chapter 5 · Art. 62
Public land
Public land includes land held by the State, minerals and mineral oils, government forests, national parks, roads, rivers and lakes.
Chapter 5 · Art. 63
Community land
Community land is held by communities identified by ethnicity, culture or similar community of interest.
Chapter 5 · Art. 64
Private land
Private land is land held by a person under freehold or leasehold, or declared private by law.
Chapter 5 · Art. 65
Landholding by non-citizens
A person who is not a citizen may hold land on a lease only, for no more than 99 years.
Chapter 5 · Art. 66
Regulation of land use and property
The State may regulate the use of land for defence, public safety, public order, public morality, public health or land use planning.
Chapter 5 · Art. 67
National Land Commission
Kenya has a National Land Commission.
Chapter 5 · Art. 68
Legislation on land
Parliament must revise, consolidate and rationalise existing land laws.
Chapter 5 · Art. 69
Obligations in respect of the environment
The State must ensure sustainable use and conservation of the environment and natural resources.
Chapter 5 · Art. 70
Enforcement of environmental rights
If the right to a clean and healthy environment is denied or threatened, a person may apply to a court for redress.
Chapter 5 · Art. 71
Agreements relating to natural resources
A transaction that grants a right to exploit a natural resource of Kenya is subject to ratification by Parliament.
Chapter 5 · Art. 72
Legislation relating to the environment
Parliament must make laws to give full effect to the environment provisions.
Chapter 6 · Art. 73
Responsibilities of leadership
Authority given to a State officer is a public trust, to be exercised with respect for the people and to bring honour to the office.
Chapter 6 · Art. 74
Oath of office of State officers
Before taking a State office, a person must take the oath or affirmation of office.
Chapter 6 · Art. 75
Conduct of State officers
A State officer must avoid any conflict between personal interests and public duties.
Chapter 6 · Art. 76
Financial probity of State officers
A gift or donation to a State officer on a public occasion is a gift to the Republic and must be delivered to the State.
Chapter 6 · Art. 77
Restriction on activities of State officers
A full-time State officer must not take part in other gainful employment.
Chapter 6 · Art. 78
Citizenship and leadership
A person is not eligible for election or appointment to a State office unless they are a citizen of Kenya.
Chapter 6 · Art. 79
Legislation to establish the ethics and anti-corruption commission
Parliament must establish an independent ethics and anti-corruption commission.
Chapter 6 · Art. 80
Legislation on leadership
Parliament must make laws to enforce this Chapter on leadership and integrity.
Chapter 7 · Art. 81
General principles for the electoral system
The electoral system must allow citizens to freely exercise their political rights.
Chapter 7 · Art. 82
Legislation on elections
Parliament must make laws about the registration of voters and the conduct of elections.
Chapter 7 · Art. 83
Registration as a voter
You qualify to register as a voter if you are an adult citizen, are not declared of unsound mind, and have not been convicted of an election offence in the last five years.
Chapter 7 · Art. 84
Candidates for election and political parties to comply with code of conduct
In every election, all candidates and political parties must follow the code of conduct set by the Independent Electoral and Boundaries Commission.
Chapter 7 · Art. 85
Eligibility to stand as an independent candidate
You can stand as an independent candidate if you are not a member of a registered political party and have not been one for at least three months before the election.
Chapter 7 · Art. 86
Voting
The electoral commission must ensure the voting system is simple, accurate, verifiable, secure, accountable and transparent.
Chapter 7 · Art. 87
Electoral disputes
Parliament must establish ways to settle electoral disputes quickly.
Chapter 7 · Art. 88
Independent Electoral and Boundaries Commission
Kenya has an Independent Electoral and Boundaries Commission.
Chapter 7 · Art. 89
Delimitation of electoral units
There are 290 constituencies for electing members of the National Assembly.
Chapter 7 · Art. 90
Allocation of party list seats
Some seats are filled using party lists, based on proportional representation.
Chapter 7 · Art. 91
Basic requirements for political parties
Every political party must have a democratically elected governing body.
Chapter 7 · Art. 92
Legislation on political parties
Parliament must make laws about the fair allocation of airtime to political parties.
Chapter 8 · Art. 93
Establishment of Parliament
There is a Parliament of Kenya made up of the National Assembly and the Senate.
Chapter 8 · Art. 94
Role of Parliament
The legislative authority of the Republic comes from the people and is exercised by Parliament at the national level.
Chapter 8 · Art. 95
Role of the National Assembly
The National Assembly represents the people of the constituencies and special interests.
Chapter 8 · Art. 96
Role of the Senate
The Senate represents the counties and protects the interests of counties and their governments.
Chapter 8 · Art. 97
Membership of the National Assembly
The National Assembly has 290 members elected from constituencies, 47 women elected from counties, 12 nominated members, and the Speaker.
Chapter 8 · Art. 98
Membership of the Senate
The Senate has 47 elected members (one per county), 16 nominated women, members representing youth and persons with disabilities, and the Speaker.
Chapter 8 · Art. 99
Qualifications and disqualifications for election as member of Parliament
To be elected as a member of Parliament, a person must be registered as a voter and be nominated by a party or supported by enough registered voters as an independent.
Chapter 8 · Art. 100
Promotion of representation of marginalised groups
Parliament must make laws to promote representation of women, persons with disabilities, youth, ethnic and other minorities, and marginalised communities.
Chapter 8 · Art. 101
Election of members of Parliament
A general election of members of Parliament is held on the second Tuesday in August every fifth year.
Chapter 8 · Art. 102
Term of Parliament
The term of each House of Parliament ends on the date of the next general election.
Chapter 8 · Art. 103
Vacation of office of member of Parliament
The office of a member of Parliament becomes vacant if the member dies, resigns, is absent without permission, or is disqualified.
Chapter 8 · Art. 104
Right of recall
Voters have the right to recall the member of Parliament representing their constituency before the end of the term.
Chapter 8 · Art. 105
Determination of questions of membership
The High Court hears and determines questions about whether a person was validly elected as a member of Parliament, or whether a seat has become vacant.
Chapter 8 · Art. 106
Speakers and Deputy Speakers of Parliament
Each House of Parliament has a Speaker, elected from persons qualified to be members but who are not members, and a Deputy Speaker elected from among its members.
Chapter 8 · Art. 107
Presiding in Parliament
The Speaker presides at sittings of a House; in their absence the Deputy Speaker presides; and if both are absent, another member elected by the House presides.
Chapter 8 · Art. 108
Party leaders
There is a leader of the majority party and a leader of the minority party in the National Assembly.
Chapter 8 · Art. 109
Exercise of legislative powers
Parliament exercises its law-making power through Bills passed by Parliament and assented to by the President.
Chapter 8 · Art. 110
Bills concerning county government
A Bill concerning county government is one that affects the functions or powers of county governments, elections of county officials, or county finances.
Chapter 8 · Art. 111
Special Bills concerning county governments
The National Assembly may amend or veto a special Bill passed by the Senate only by a resolution supported by at least two-thirds of its members.
Chapter 8 · Art. 112
Ordinary Bills concerning county governments
If one House passes an ordinary Bill concerning counties and the other rejects it or changes it, the Bill may go to a mediation committee.
Chapter 8 · Art. 113
Mediation committees
If a Bill is referred to a mediation committee, the Speakers appoint a committee with equal members from each House to find a version both Houses will pass.
Chapter 8 · Art. 114
Money Bills
A money Bill deals only with taxes, charges on public funds, public money, or loans.
Chapter 8 · Art. 115
Presidential assent and referral
Within 14 days after receiving a Bill, the President must either assent to it or refer it back to Parliament with reservations.
Chapter 8 · Art. 116
Coming into force of laws
An Act of Parliament is published in the Gazette within seven days after assent.
Chapter 8 · Art. 117
Powers, privileges and immunities
There is freedom of speech and debate in Parliament.
Chapter 8 · Art. 118
Public access and participation
Parliament must conduct its business openly, and its sittings and committee sittings are held in public.
Chapter 8 · Art. 119
Right to petition Parliament
Every person has the right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing legislation.
Chapter 8 · Art. 120
Official languages of Parliament
The official languages of Parliament are Kiswahili, English and Kenyan Sign language.
Chapter 8 · Art. 121
Quorum
The quorum of Parliament is 50 members for the National Assembly, and 15 members for the Senate.
Chapter 8 · Art. 122
Voting in Parliament
A question in either House is decided by a majority of the members present and voting.
Chapter 8 · Art. 123
Decisions of Senate
When the Senate votes on a matter that does not affect counties, each senator has one vote.
Chapter 8 · Art. 124
Committees and Standing Orders
Each House may establish committees and make Standing Orders for orderly conduct of proceedings.
Chapter 8 · Art. 125
Power to call for evidence
Parliament and its committees can summon any person to give evidence or provide information.
Chapter 8 · Art. 126
Location of sittings of Parliament
A sitting of either House may be held anywhere in Kenya and may start at any time the House appoints.
Chapter 8 · Art. 127
Parliamentary Service Commission
There is a Parliamentary Service Commission.
Chapter 8 · Art. 128
Clerks and staff of Parliament
There is a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the House.
Chapter 9 · Art. 129
Principles of executive authority
Executive authority comes from the people of Kenya and must be exercised according to the Constitution.
Chapter 9 · Art. 130
The National Executive
The national executive comprises the President, the Deputy President and the rest of the Cabinet.
Chapter 9 · Art. 131
Authority of the President
The President is the Head of State and Government.
Chapter 9 · Art. 132
Functions of the President
The President addresses the opening of each newly elected Parliament.
Chapter 9 · Art. 133
Power of mercy
On a person's petition, the President may grant a pardon, postpone a punishment, substitute a less severe punishment, or remit part of a punishment.
Chapter 9 · Art. 134
Exercise of presidential powers during temporary incumbency
During a temporary period (such as between an election and the new President assuming office), certain presidential powers cannot be exercised.
Chapter 9 · Art. 135
Decisions of the President
A decision of the President must be in writing and bear the seal and signature of the President.
Chapter 9 · Art. 136
Election of the President
The President is elected by registered voters in a national election.
Chapter 9 · Art. 137
Qualifications and disqualifications for election as President
To be nominated as a presidential candidate, a person must be a citizen by birth, qualified to be an MP, nominated by a party or as an independent, and supported by at least 2,000 voters from a majority of counties.
Chapter 9 · Art. 138
Procedure at presidential election
A candidate is elected President if they receive more than half of all votes cast and at least 25% of the votes in more than half of the counties.
Chapter 9 · Art. 139
Death before assuming office
If the President-elect dies before assuming office, the Deputy President-elect is sworn in as acting President, and a fresh election is held within 60 days.
Chapter 9 · Art. 140
Questions as to validity of presidential election
A person may file a petition in the Supreme Court to challenge the presidential election within seven days after the results are declared.
Chapter 9 · Art. 141
Assumption of office of President
The swearing in of the President-elect is in public before the Chief Justice or, in their absence, the Deputy Chief Justice.
Chapter 9 · Art. 142
Term of office of President
The President holds office from being sworn in until the next elected President is sworn in.
Chapter 9 · Art. 143
Protection from legal proceedings
Criminal proceedings cannot be started or continued against the President while in office.
Chapter 9 · Art. 144
Removal of President on grounds of incapacity
A member of the National Assembly, supported by at least a quarter of members, may move a motion to investigate the President's physical or mental capacity.
Chapter 9 · Art. 145
Removal of President by impeachment
A member of the National Assembly, supported by at least a third of members, may move a motion to impeach the President for a gross violation of the Constitution or law, a serious crime, or gross misconduct.
Chapter 9 · Art. 146
Vacancy in the office of President
The office of President becomes vacant if the President dies, resigns, or ceases to hold office.
Chapter 9 · Art. 147
Functions of the Deputy President
The Deputy President is the principal assistant of the President and deputises in executing the President's functions.
Chapter 9 · Art. 148
Election and swearing-in of Deputy President
Each presidential candidate nominates a running mate qualified to be President, as candidate for Deputy President.
Chapter 9 · Art. 149
Vacancy in the office of Deputy President
Within 14 days after a vacancy in the office of Deputy President, the President nominates a person, and the National Assembly votes within 60 days.
Chapter 9 · Art. 150
Removal of Deputy President
The Deputy President may be removed for physical or mental incapacity, or by impeachment for a gross violation of the Constitution or law, a serious crime, or gross misconduct.
Chapter 9 · Art. 151
Remuneration and benefits of President and Deputy President
The remuneration and benefits of the President and Deputy President are a charge on the Consolidated Fund.
Chapter 9 · Art. 152
Cabinet
The Cabinet consists of the President, the Deputy President, the Attorney-General and between 14 and 22 Cabinet Secretaries.
Chapter 9 · Art. 153
Decisions, responsibility and accountability of the Cabinet
A decision by the Cabinet must be in writing.
Chapter 9 · Art. 154
Secretary to the Cabinet
There is an office of Secretary to the Cabinet, in the public service.
Chapter 9 · Art. 155
Principal Secretaries
There is an office of Principal Secretary, in the public service.
Chapter 9 · Art. 156
Attorney-General
There is an office of Attorney-General.
Chapter 9 · Art. 157
Director of Public Prosecutions
There is an office of Director of Public Prosecutions.
Chapter 9 · Art. 158
Removal and resignation of Director of Public Prosecutions
The Director of Public Prosecutions may be removed only for inability to perform the functions, non-compliance with Chapter Six, bankruptcy, incompetence, or gross misconduct.
Chapter 10 · Art. 159
Judicial authority
Judicial authority comes from the people and is exercised by the courts and tribunals.
Chapter 10 · Art. 160
Independence of the Judiciary
In exercising judicial authority, the Judiciary is subject only to the Constitution and the law, and not to the control or direction of any person or authority.
Chapter 10 · Art. 161
Judicial offices and officers
The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.
Chapter 10 · Art. 162
System of courts
The superior courts are the Supreme Court, the Court of Appeal, the High Court, and courts with the status of the High Court for employment and land disputes.
Chapter 10 · Art. 163
Supreme Court
The Supreme Court consists of the Chief Justice, the Deputy Chief Justice and five other judges.
Chapter 10 · Art. 164
Court of Appeal
The Court of Appeal consists of not fewer than twelve judges.
Chapter 10 · Art. 165
High Court
The High Court has unlimited original jurisdiction in criminal and civil matters.
Chapter 10 · Art. 166
Appointment of Chief Justice, Deputy Chief Justice and other judges
The President appoints the Chief Justice and Deputy Chief Justice on the recommendation of the Judicial Service Commission, subject to National Assembly approval, and appoints other judges on the JSC's recommendation.
Chapter 10 · Art. 167
Tenure of office of the Chief Justice and other judges
A judge retires at 70, but may retire any time after 65.
Chapter 10 · Art. 168
Removal from office
A judge may be removed only for inability to perform functions, breach of the code of conduct, bankruptcy, incompetence, or gross misconduct.
Chapter 10 · Art. 169
Subordinate courts
The subordinate courts are the Magistrates' courts, the Kadhis' courts, the Courts Martial, and any other court or local tribunal established by an Act of Parliament.
Chapter 10 · Art. 170
Kadhis’ courts
There is a Chief Kadhi and at least three other Kadhis.
Chapter 10 · Art. 171
Establishment of the Judicial Service Commission
There is a Judicial Service Commission.
Chapter 10 · Art. 172
Functions of the Judicial Service Commission
The Judicial Service Commission recommends persons for appointment as judges, and appoints and disciplines magistrates and other judicial staff.
Chapter 10 · Art. 173
Judiciary Fund
There is a Judiciary Fund administered by the Chief Registrar of the Judiciary.
Chapter 11 · Art. 174
Objects of devolution
Devolution promotes democratic and accountable exercise of power.
Chapter 11 · Art. 175
Principles of devolved government
County governments must be based on democratic principles and the separation of powers.
Chapter 11 · Art. 176
County governments
There is a county government for each county, consisting of a county assembly and a county executive.
Chapter 11 · Art. 177
Membership of county assembly
A county assembly consists of members elected from wards, special seat members to meet the two-thirds gender rule, members of marginalised groups, and the Speaker.
Chapter 11 · Art. 178
Speaker of a county assembly
Each county assembly has a Speaker elected by the assembly from among persons who are not members of the assembly.
Chapter 11 · Art. 179
County executive committees
The executive authority of a county is vested in and exercised by a county executive committee.
Chapter 11 · Art. 180
Election of county governor and deputy county governor
The county governor is directly elected by the voters registered in the county, on the second Tuesday in August every fifth year.
Chapter 11 · Art. 181
Removal of a county governor
A county governor may be removed for gross violation of the Constitution or law, a serious crime, abuse of office or gross misconduct, or physical or mental incapacity.
Chapter 11 · Art. 182
Vacancy in the office of county governor
The office of county governor becomes vacant if the holder dies, resigns, becomes ineligible, is convicted of a serious offence, or is removed.
Chapter 11 · Art. 183
Functions of county executive committees
A county executive committee implements county legislation and national legislation within the county.
Chapter 11 · Art. 184
Urban areas and cities
National legislation provides for the governance and management of urban areas and cities.
Chapter 11 · Art. 185
Legislative authority of county assemblies
The legislative authority of a county is vested in and exercised by its county assembly.
Chapter 11 · Art. 186
Respective functions and powers of national and county governments
The functions and powers of the national and county governments are set out in the Fourth Schedule.
Chapter 11 · Art. 187
Transfer of functions and powers between levels of government
A function or power may be transferred between levels of government by agreement if it would be more effectively performed by the receiving government.
Chapter 11 · Art. 188
Boundaries of counties
A county's boundaries may be altered only by a resolution recommended by an independent commission and passed by the National Assembly and Senate, each with at least two-thirds support.
Chapter 11 · Art. 189
Cooperation between national and county governments
Governments at each level must respect the other level's integrity and assist, support and consult each other.
Chapter 11 · Art. 190
Support for county governments
Parliament must ensure county governments have adequate support to perform their functions.
Chapter 11 · Art. 191
Conflict of laws
National legislation prevails over county legislation in concurrent matters if it applies uniformly across Kenya and meets specified conditions.
Chapter 11 · Art. 192
Suspension of a county government
The President may suspend a county government in an emergency arising from internal conflict or war, or in other exceptional circumstances.
Chapter 11 · Art. 193
Qualifications for election as member of county assembly
To be elected as a member of a county assembly, a person must be a registered voter, meet educational, moral and ethical requirements, and be nominated by a party or supported by at least 500 voters in the ward as an independent.
Chapter 11 · Art. 194
Vacation of office of member of county assembly
The office of a member of a county assembly becomes vacant if the member dies, resigns, is absent without permission, is removed, or is disqualified.
Chapter 11 · Art. 195
County assembly power to summon witnesses
A county assembly or its committees can summon any person to give evidence or provide information.
Chapter 11 · Art. 196
Public participation and county assembly powers, privileges and immunities
A county assembly must conduct its business openly and hold its sittings in public.
Chapter 11 · Art. 197
County assembly gender balance and diversity
Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
Chapter 11 · Art. 198
County government during transition
While an election to constitute a county assembly is being held, the last executive committee remains competent to perform administrative functions until a new one is constituted.
Chapter 11 · Art. 199
Publication of county legislation
County legislation does not take effect unless published in the Gazette.
Chapter 11 · Art. 200
Legislation on Chapter
Parliament must make laws for all matters necessary to give effect to this Chapter.
Chapter 12 · Art. 201
Principles of public finance
Public finance must be guided by openness and accountability, including public participation in financial matters.
Chapter 12 · Art. 202
Equitable sharing of national revenue
Revenue raised nationally is shared equitably among the national and county governments.
Chapter 12 · Art. 203
Equitable share and other financial laws
The equitable share is determined considering the national interest, public debt, needs of both levels of government, and economic disparities.
Chapter 12 · Art. 204
Equalisation Fund
There is an Equalisation Fund into which 0.5% of all revenue collected by the national government each year is paid.
Chapter 12 · Art. 205
Consultation on financial legislation affecting counties
When a Bill deals with sharing of revenue or county finances, the Commission on Revenue Allocation may make recommendations to the National Assembly and Senate.
Chapter 12 · Art. 206
Consolidated Fund and other public funds
There is a Consolidated Fund into which all money raised or received by the national government is paid, except money excluded by law.
Chapter 12 · Art. 207
Revenue Funds for county governments
There is a Revenue Fund for each county government into which all money raised or received by the county is paid.
Chapter 12 · Art. 208
Contingencies Fund
There is a Contingencies Fund, operated in accordance with an Act of Parliament.
Chapter 12 · Art. 209
Power to impose taxes and charges
Only the national government may impose income tax, value-added tax, customs duties and excise tax.
Chapter 12 · Art. 210
Imposition of tax
No tax or licensing fee may be imposed, waived or varied except as provided by legislation.
Chapter 12 · Art. 211
Borrowing by national government
Parliament may prescribe the terms on which the national government may borrow and impose reporting requirements.
Chapter 12 · Art. 212
Borrowing by counties
A county government may borrow only if the national government guarantees the loan and with the approval of the county assembly.
Chapter 12 · Art. 213
Loan guarantees by national government
An Act of Parliament prescribes the terms under which the national government may guarantee loans.
Chapter 12 · Art. 214
Public debt
The public debt is a charge on the Consolidated Fund, though an Act of Parliament may charge it to other public funds.
Chapter 12 · Art. 215
Commission on Revenue Allocation
There is a Commission on Revenue Allocation.
Chapter 12 · Art. 216
Functions of the Commission on Revenue Allocation
The main function of the Commission on Revenue Allocation is to recommend the basis for equitable sharing of revenue between the national and county governments and among county governments.
Chapter 12 · Art. 217
Division of revenue
Once every five years, the Senate determines the basis for allocating among counties the share of national revenue allocated to the county level.
Chapter 12 · Art. 218
Annual Division and Allocation of Revenue Bills
At least two months before the end of each financial year, a Division of Revenue Bill and a County Allocation of Revenue Bill are introduced in Parliament.
Chapter 12 · Art. 219
Transfer of equitable share
A county's share of national revenue must be transferred to the county without undue delay and without deduction, except when stopped under Article 225.
Chapter 12 · Art. 220
Form, content and timing of budgets
Budgets of the national and county governments must contain estimates of revenue and expenditure, financing proposals and borrowing proposals.
Chapter 12 · Art. 221
Budget estimates and annual Appropriation Bill
At least two months before the end of each financial year, the finance Cabinet Secretary submits estimates of revenue and expenditure to the National Assembly.
Chapter 12 · Art. 222
Expenditure before annual budget is passed
If the Appropriation Act is not assented to by the start of the financial year, the National Assembly may authorise withdrawal of money from the Consolidated Fund.
Chapter 12 · Art. 223
Supplementary appropriation
The national government may spend money that has not been appropriated if the amount is insufficient or a new need arises, or money is withdrawn from the Contingencies Fund.
Chapter 12 · Art. 224
County appropriation Bills
On the basis of the Division of Revenue Bill, each county government prepares and adopts its own annual budget and appropriation Bill.
Chapter 12 · Art. 225
Financial control
An Act of Parliament provides for the establishment, functions and responsibilities of the national Treasury.
Chapter 12 · Art. 226
Accounts and audit of public entities
An Act of Parliament provides for keeping financial records and auditing the accounts of all governments and public entities.
Chapter 12 · Art. 227
Procurement of public goods and services
When a public entity contracts for goods or services, it must do so through a system that is fair, equitable, transparent, competitive and cost-effective.
Chapter 12 · Art. 228
Controller of Budget
There is a Controller of Budget, nominated by the President and appointed with National Assembly approval.
Chapter 12 · Art. 229
Auditor-General
There is an Auditor-General, nominated by the President and appointed with National Assembly approval.
Chapter 12 · Art. 230
Salaries and Remuneration Commission
There is a Salaries and Remuneration Commission.
Chapter 12 · Art. 231
Central Bank of Kenya
There is a Central Bank of Kenya.
Chapter 13 · Art. 232
Values and principles of public service
Public service values include high professional ethics and the efficient, effective and economic use of resources.
Chapter 13 · Art. 233
The Public Service Commission
There is a Public Service Commission, made up of a chairperson, a vice chairperson and seven other members appointed by the President with National Assembly approval.
Chapter 13 · Art. 234
Functions and powers of the Public Service Commission
The Public Service Commission establishes offices in the public service and appoints persons to those offices.
Chapter 13 · Art. 235
Staffing of county governments
A county government is responsible for establishing and abolishing offices in its public service, appointing persons to those offices, and exercising disciplinary control.
Chapter 13 · Art. 236
Protection of public officers
A public officer must not be victimised or discriminated against for performing the functions of office in accordance with the law.
Chapter 13 · Art. 237
Teachers Service Commission
There is a Teachers Service Commission.
Chapter 14 · Art. 238
Principles of national security
National security is protection against internal and external threats to Kenya's territorial integrity, sovereignty, people, rights, peace and prosperity.
Chapter 14 · Art. 239
National security organs
The national security organs are the Kenya Defence Forces, the National Intelligence Service and the National Police Service.
Chapter 14 · Art. 240
Establishment of the National Security Council
There is a National Security Council, chaired by the President.
Chapter 14 · Art. 241
Establishment of Kenya Defence Forces and Defence Council
The Kenya Defence Forces consist of the Kenya Army, the Kenya Air Force and the Kenya Navy.
Chapter 14 · Art. 242
Establishment of National Intelligence Service
There is a National Intelligence Service.
Chapter 14 · Art. 243
Establishment of the National Police Service
There is a National Police Service, consisting of the Kenya Police Service and the Administration Police Service.
Chapter 14 · Art. 244
Objects and functions of the National Police Service
The National Police Service must strive for the highest standards of professionalism and discipline.
Chapter 14 · Art. 245
Command of the National Police Service
There is an Inspector-General of the National Police Service, appointed by the President with Parliament's approval.
Chapter 14 · Art. 246
National Police Service Commission
There is a National Police Service Commission.
Chapter 14 · Art. 247
Other police services
Parliament may establish other police services under the supervision of the National Police Service and the command of the Inspector-General.
Chapter 15 · Art. 248
Application of Chapter
This Chapter applies to the commissions and independent offices listed, unless the Constitution provides otherwise.
Chapter 15 · Art. 249
Objects, authority and funding of commissions and independent offices
The objects of commissions and independent offices are to protect the sovereignty of the people, secure observance of democratic values and principles, and promote constitutionalism.
Chapter 15 · Art. 250
Composition, appointment and terms of office
Each commission has at least three but not more than nine members.
Chapter 15 · Art. 251
Removal from office
A member of a commission or holder of an independent office may be removed only for serious violation of the Constitution or law, gross misconduct, incapacity, incompetence, or bankruptcy.
Chapter 15 · Art. 252
General functions and powers
Each commission may conduct investigations on its own initiative or on a complaint by a member of the public.
Chapter 15 · Art. 253
Incorporation of commissions and independent offices
Each commission and each independent office is a body corporate with perpetual succession and a seal, and can sue and be sued in its corporate name.
Chapter 15 · Art. 254
Reporting by commissions and independent offices
After the end of each financial year, each commission and independent office submits a report to the President and Parliament.
Chapter 16 · Art. 255
Amendment of this Constitution
An amendment relating to fundamental matters (such as the supremacy of the Constitution, territory, sovereignty of the people, the Bill of Rights, the term of the President, the independence of the Judiciary, the functions of Parliament, or devolution) must be approved by a referendum.
Chapter 16 · Art. 256
Amendment by parliamentary initiative
A Bill to amend the Constitution may be introduced in either House, but cannot be called for second reading within 90 days, and must pass in both Houses by at least two-thirds of members in both the second and third readings.
Chapter 16 · Art. 257
Amendment by popular initiative
An amendment may be proposed by a popular initiative signed by at least one million registered voters.
Chapter 17 · Art. 258
Enforcement of this Constitution
Every person has the right to go to court claiming that the Constitution has been contravened, or is threatened with contravention.
Chapter 17 · Art. 259
Construing this Constitution
The Constitution must be interpreted in a way that promotes its purposes, values and principles, advances the rule of law, human rights and fundamental freedoms, permits the development of the law, and contributes to good governance.
Chapter 17 · Art. 260
Interpretation
This Article defines key words used in the Constitution, such as 'adult' (18 years and above), 'child' (under 18), 'youth' (18 to 34), 'older member of society' (60 and above), and 'disability'.
Chapter 18 · Art. 261
Consequential legislation
Parliament must enact legislation required by the Constitution within the periods set out in the Fifth Schedule.
Chapter 18 · Art. 262
Transitional and consequential provisions
The transitional and consequential provisions in the Sixth Schedule take effect on the effective date.
Chapter 18 · Art. 263
Effective Date
This Constitution came into force on its promulgation by the President, or fourteen days after publication of the final referendum result, whichever is earlier.
Chapter 18 · Art. 264
Repeal of previous Constitution
Subject to the Sixth Schedule, the Constitution in force immediately before the effective date was repealed on the effective date.