Parents and guardians

(1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.

(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 has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

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

(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 realisation of the rights guaranteed under Article 43.

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

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

(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 cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;

(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, 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—

(2) A child’s best interests are of paramount importance in every matter concerning the child.

In this Constitution, unless the context requires otherwise— "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 of eighteen years; "contravene" includes fail to comply with; "county legislation" means a law made by a county government or under authority conferred by a county Assembly; "disability" includes any physical, sensory, mental, psychological or 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 matter; and (b) electronic files; "effective date" means the date that this Constitution came into force;"fail" includes refuse;"financial year" means the period of twelve months ending on the thirtieth day of June or other day prescribed by national legislation, but the initial financial year of any entity is the period of time from its coming into existence until the immediately following thirtieth day of June, or other day prescribed by national legislation;"Gazette" means the Kenya Gazette published by authority of the national government, or a supplement to the Kenya Gazette;"guarantee" means any absolute or conditional promise, commitment or undertaking by the national government to partially or completely re-pay any loan to a county government or any person;"judicial officer" means a registrar, deputy registrar, magistrate, Kadhi or the presiding officer of a court established under Article 169(1)(d);"land" includes— (a) the surface of the earth and the subsurface rock; (b) any body of water on or under the surface; (c) marine waters in the territorial sea and exclusive economic zone; (d) natural resources completely contained on or under the surface; and (e) the air space above the surface; "legislation" includes— (a) an Act of Parliament, or a law made under authority conferred by an Act of Parliament; or (b) a law made by an assembly of a county government, or under authority conferred by such a law; "loan" includes any form of borrowing, lending or deferred payment in respect of which money from a public fund may be used, or is required to be used, for payment or repayment;"marginalised community" means— (a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; (b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; (c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and communities, whether they are— (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole; "marginalised group" means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27(4);"national legislation" means an Act of Parliament, or a law made under authority conferred by an Act of Parliament;"natural resources" means the physical non-human factors and components, whether renewable or non-renewable, including— (a) sunlight; (b) surface and groundwater; (c) forests, biodiversity and genetic resources; and (d) rocks, minerals, fossil fuels and other sources of energy; "older member of society" means a person who has attained the age of sixty years;"person" includes a company, association or other body of persons whether incorporated or unincorporated;"political party" means an association contemplated in Part 3 of Chapter Seven;"property" includes any vested or contingent right to, or interest in or arising from— (a) land, or permanent fixtures on, or improvements to, land; (b) goods or personal property; (c) intellectual property; or (d) money, choses in action or negotiable instruments; "public officer" means— (a) any State officer; or (b) any person, other that a State Officer, who holds a public office; "public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament;"public service" means the collectivity of all individuals, other than State officers, performing a function within a State organ;"Republic" means the Republic of Kenya;"State", when used as a noun, means the collectivity of offices, organs and other entities comprising the government of the Republic under this Constitution;"State office" means any of the following offices—(a) President;(b) Deputy President;(c) Cabinet Secretary;(d) Member of Parliament;(e) Judges and Magistrates;(f) member of a commission to which Chapter Fifteen applies;(g) holder of an independent office to which Chapter Fifteen applies;(h) member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government;(i) Attorney-General;(j) Director of Public Prosecutions;(k) Secretary to the Cabinet;(l) Principal Secretary;(m) Chief of the Kenya Defence Forces;(n) commander of a service of the Kenya Defence Forces;(o) Director-General of the National Intelligence Service;(p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or(q) an office established and designated as a State office by national legislation;"State officer" means a person holding a State office;"State organ" means a commission, office, agency or other body established under this Constitution;"writing" includes printing, photography, lithography, typewriting, Braille, and any other means of representing or reproducing words in a visible form; and"youth" means the collectivity of all individuals in the Republic who—(a) have attained the age of eighteen years; but(b) have not attained the age of thirty-five years.

In this Constitution, unless the context requires otherwise— "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 of eighteen years; "contravene" includes fail to comply with; "county legislation" means a law made by a county government or under authority conferred by a county Assembly; "disability" includes any physical, sensory, mental, psychological or 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 matter; and (b) electronic files; "effective date" means the date that this Constitution came into force;"fail" includes refuse;"financial year" means the period of twelve months ending on the thirtieth day of June or other day prescribed by national legislation, but the initial financial year of any entity is the period of time from its coming into existence until the immediately following thirtieth day of June, or other day prescribed by national legislation;"Gazette" means the Kenya Gazette published by authority of the national government, or a supplement to the Kenya Gazette;"guarantee" means any absolute or conditional promise, commitment or undertaking by the national government to partially or completely re-pay any loan to a county government or any person;"judicial officer" means a registrar, deputy registrar, magistrate, Kadhi or the presiding officer of a court established under Article 169(1)(d);"land" includes— (a) the surface of the earth and the subsurface rock; (b) any body of water on or under the surface; (c) marine waters in the territorial sea and exclusive economic zone; (d) natural resources completely contained on or under the surface; and (e) the air space above the surface; "legislation" includes— (a) an Act of Parliament, or a law made under authority conferred by an Act of Parliament; or (b) a law made by an assembly of a county government, or under authority conferred by such a law; "loan" includes any form of borrowing, lending or deferred payment in respect of which money from a public fund may be used, or is required to be used, for payment or repayment;"marginalised community" means— (a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; (b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; (c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and communities, whether they are— (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole; "marginalised group" means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27(4);"national legislation" means an Act of Parliament, or a law made under authority conferred by an Act of Parliament;"natural resources" means the physical non-human factors and components, whether renewable or non-renewable, including— (a) sunlight; (b) surface and groundwater; (c) forests, biodiversity and genetic resources; and (d) rocks, minerals, fossil fuels and other sources of energy; "older member of society" means a person who has attained the age of sixty years;"person" includes a company, association or other body of persons whether incorporated or unincorporated;"political party" means an association contemplated in Part 3 of Chapter Seven;"property" includes any vested or contingent right to, or interest in or arising from— (a) land, or permanent fixtures on, or improvements to, land; (b) goods or personal property; (c) intellectual property; or (d) money, choses in action or negotiable instruments; "public officer" means— (a) any State officer; or (b) any person, other that a State Officer, who holds a public office; "public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament;"public service" means the collectivity of all individuals, other than State officers, performing a function within a State organ;"Republic" means the Republic of Kenya;"State", when used as a noun, means the collectivity of offices, organs and other entities comprising the government of the Republic under this Constitution;"State office" means any of the following offices—(a) President;(b) Deputy President;(c) Cabinet Secretary;(d) Member of Parliament;(e) Judges and Magistrates;(f) member of a commission to which Chapter Fifteen applies;(g) holder of an independent office to which Chapter Fifteen applies;(h) member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government;(i) Attorney-General;(j) Director of Public Prosecutions;(k) Secretary to the Cabinet;(l) Principal Secretary;(m) Chief of the Kenya Defence Forces;(n) commander of a service of the Kenya Defence Forces;(o) Director-General of the National Intelligence Service;(p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or(q) an office established and designated as a State office by national legislation;"State officer" means a person holding a State office;"State organ" means a commission, office, agency or other body established under this Constitution;"writing" includes printing, photography, lithography, typewriting, Braille, and any other means of representing or reproducing words in a visible form; and"youth" means the collectivity of all individuals in the Republic who—(a) have attained the age of eighteen years; but(b) have not attained the age of thirty-five years.