Students

(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.

(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.

(4) The sovereign power of the people is exercised at— (a) the national level; and (b) the county level.

(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.

(1) Kenya is a sovereign Republic.

(2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.

Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.

(1) The national symbols of the Republic are— (a) the national flag; (b) the national anthem; (c) the coat of arms; and (d) the public seal.

(3) The national days are— (a) Madaraka Day, to be observed on 1st June; (b) Mashujaa Day, to be observed on 20th October; and (c) Jamhuri Day, to be observed on 12th December.

(4) A national day shall be a public holiday.

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them— (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public policy decisions.

(a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;

(c) good governance, integrity, transparency and accountability; and

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.

(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

(a) belong to each individual and are not granted by the State;

(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and

(1) The Bill of Rights applies to all law and binds all State organs and all persons.

(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.

(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.

(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) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.

(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.

(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.

(a) freedom to seek, receive or impart information or ideas;

(b) freedom of artistic creativity; and

(2) The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4).

(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;

(b) to accessible and adequate housing, and to reasonable standards of sanitation;

(c) to be free from hunger, and to have adequate food of acceptable quality;

(d) to clean and safe water in adequate quantities;

(e) to social security; and

(f) to education.

(2) A person shall not be denied emergency medical treatment.

(1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons.

(2) This Part shall not be construed as limiting or qualifying any right.

(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.

The State shall take measures, including affirmative action programmes, to ensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) are protected from harmful cultural practices and exploitation.

The State shall take measures, including affirmative action programmes, to ensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) are protected from harmful cultural practices and exploitation.

The State shall take measures, including affirmative action programmes, to ensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) are protected from harmful cultural practices and exploitation.

The State shall take measures, including affirmative action programmes, to ensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) are protected from harmful cultural practices and exploitation.

(1) A state of emergency may be declared only under Article 132 (4) (d) and only when— (a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and (b) the declaration is necessary to meet the circumstances for which the emergency is declared.

(b) for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

(5) The Supreme Court may decide on the validity of— (a) a declaration of a state of emergency; (b) any extension of a declaration of a state of emergency; and (c) any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

(a) is a public trust to be exercised in a manner that—

(b) vests in the State officer the responsibility to serve the people, rather than the power to rule them.

(2) The guiding principles of leadership and integrity include— (a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections; (b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; (c) selfless service based solely on the public interest, demonstrated by — (i) honesty in the execution of public duties; and (ii) the declaration of any personal interest that may conflict with public duties; (d) accountability to the public for decisions and actions; and (e) discipline and commitment in service to the people.

(1) There is established the Independent Electoral and Boundaries Commission.

(4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for— (a) the continuous registration of citizens as voters; (b) the regular revision of the voters’ roll; (c) the delimitation of constituencies and wards; (d) the regulation of the process by which parties nominate candidates for elections; (e) the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results; (f) the registration of candidates for election; (g) voter education; (h) the facilitation of the observation, monitoring and evaluation of elections; (i) the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election; (j) the development of a code of conduct for candidates and parties contesting elections; and (k) the monitoring of compliance with the legislation required by Article 82(1)(b) relating to nomination of candidates by parties.

(i) the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;

(1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.

(1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.

(4) Parliament shall protect this Constitution and promote the democratic governance of the Republic.

(5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.

(1) The National Assembly represents the people of the constituencies and special interests in the National Assembly.

(4) The National Assembly— (a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve; (b) appropriates funds for expenditure by the national government and other national State organs; and (c) exercises oversight over national revenue and its expenditure.

(6) The National Assembly approves declarations of war and extensions of states of emergency.

(1) The National Assembly consists of— (a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; (c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and (d) the Speaker, who is an ex officio member.

(1) The Senate consists of— (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under paragraph (a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; and (e) the Speaker, who shall be an ex officio member.

(1) The term of each House of Parliament expires on the date of the next general election.

(2) When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.

(1) The office of a member of Parliament becomes vacant— (a) if the member dies; (b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee; (c) if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80; (d) if the member resigns from Parliament in writing to the Speaker; (e) if, having been elected to Parliament— (i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or (ii) as an independent candidate, the member joins a political party; (f) at the end of the term of the relevant House; or (g) if the member becomes disqualified for election to Parliament under Article 99(2)(d) to (h).

(i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or

(1) There shall be— (a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and (b) a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.

(1) At any sitting of a House of Parliament— (a) the Speaker presides; (b) in the absence of the Speaker, the Deputy Speaker presides; and (c) in the absence of the Speaker and the Deputy Speaker, another member of the House elected by the House presides.

(1) There shall be a leader of the majority party and a leader of the minority party.

(2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.

(1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.

(2) Any Bill may originate in the National Assembly.

(5) A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.

(1) Within fourteen days after receipt of a Bill, the President shall— (a) assent to the Bill; or (b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.

(4) Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported— (a) by two-thirds of members of the National Assembly; and (b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.

(6) If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under clause (5)(b), the Bill shall be taken to have been assented to on the expiry of that period.

(1) A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after-assent.

(2) Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.

(1) There shall be freedom of speech and debate in Parliament.

The quorum of Parliament shall be– (a) fifty members, in the case of the National Assembly; or (b) fifteen members, in the case of the Senate.

(1) Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and voting.

(2) On a question proposed for decision in either House— (a) the Speaker has no vote; and (b) in the case of a tie, the question is lost.

(3) A member shall not vote on any question in which the member has a pecuniary interest.

(1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.

(4) When a House of Parliament considers any appointment for which its approval is required under this Constitution or an Act of Parliament— (a) the appointment shall be considered by a committee of the relevant House; (b) the committee’s recommendation shall be tabled in the House for approval; and (c) the proceedings of the committee and the House shall be in public.

(1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.

(2) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court— (a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; (b) to compel the production of documents; and (c) to issue a commission or request to examine witnesses abroad.

(1) A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints.

(2) Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more than thirty days after the election.

(1) There is established the Parliamentary Service Commission.

(6) The Commission is responsible for— (a) providing services and facilities to ensure the efficient and effective functioning of Parliament; (b) constituting offices in the parliamentary service, and appointing and supervising office holders; (c) preparing annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service; (d) undertaking, singly or jointly with other relevant organisations, programmes to promote the ideals of parliamentary democracy; and (e) performing other functions— (i) necessary for the well-being of the members and staff of Parliament; or (ii) prescribed by national legislation.

(1) There shall be a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the relevant House.

(1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.

(2) Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well-being and benefit.

(1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.

(2) The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya.

(a) is the Head of State and Government;

(c) is the Commander-in-Chief of the Kenya Defence Forces;

(2) The President shall— (a) respect, uphold and safeguard this Constitution; (b) safeguard the sovereignty of the Republic; (c) promote and enhance the unity of the nation; (d) promote respect for the diversity of the people and communities of Kenya; and (e) ensure the protection of human rights and fundamental freedoms and the rule of law.

(a) address the opening of each newly elected Parliament;

(2) The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss— (a) the Cabinet Secretaries, in accordance with Article 152; (b) the Attorney-General, in accordance with Article 156; (c) the Secretary to the Cabinet in accordance with Article 154; (d) Principal Secretaries in accordance with Article 155; (e) high commissioners, ambassadors and diplomatic and consular representatives; and (f) in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

(3) The President shall— (a) chair Cabinet meetings; (b) direct and co-ordinate the functions of ministries and government departments; and (c) by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.

(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President— (a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or (b) while the President is absent or incapacitated, or at other times contemplated in Article 147(3), may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are— (a) the nomination or appointment of the judges of the superior courts; (b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint; (c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers; (d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative; (e) the power of mercy; and (f) the authority to confer honours in the name of the people and the Republic.

A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.

(1) If a President-elect dies after being declared elected as President, but before assuming office— (a) the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in; and (b) a fresh election to the office of President shall be held within sixty days after the death of the President-elect.

(1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.

(3) The President-elect assumes office by taking and subscribing to the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule.

(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136(2)(a) is sworn in.

(2) A person shall not hold office as President for more than two terms.

(1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.

(3) Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of— (a) three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine; (b) one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and (c) one person nominated by the President.

(10) If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office.

(1) The office of President shall become vacant if the holder of the office — (a) dies; (b) resigns, in writing, addressed to the Speaker of the National Assembly; or (c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.

(a) the Deputy President shall assume office as President for the remainder of the term of the President; or

(b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President.

(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.

(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.

(3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.

(8) A person shall not hold office as Deputy President for more than two terms.

(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.

(1) The Cabinet consists of— (a) the President; (b) the Deputy President; (c) the Attorney-General; and (d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.

(3) A Cabinet Secretary shall not be a Member of Parliament.

(6) A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary— (a) on the ground of a gross violation of a provision of this Constitution or of any other law; (b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or (c) for gross misconduct.

(1) A decision by the Cabinet shall be in writing.

(2) Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.

(3) A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.

(1) There is established the office of Secretary to the Cabinet, which is an office in the public service.

(3) The Secretary to the Cabinet shall— (a) have charge of the Cabinet office; (b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes, of the Cabinet; (c) convey the decisions of the Cabinet to the appropriate persons or authorities; and (d) have other functions as directed by the Cabinet.

(1) There is established the office of Principal Secretary, which is an office in the public service.

(2) Each State department shall be under the administration of a Principal Secretary.

(3) The President shall— (a) nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and (b) with the approval of the National Assembly, appoint Principal Secretaries.

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall— (a) recommend to the President persons for appointment as judges; (b) review and make recommendations on the conditions of service of— (i) judges and judicial officers, other than their remuneration; and (ii) the staff of the Judiciary; (c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament; (d) prepare and implement programmes for the continuing education and training of judges and judicial officers; and (e) advise the national government on improving the efficiency of the administration of justice.

(2) In the performance of its functions, the Commission shall be guided by the following— (a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and (b) the promotion of gender equality.

(1) There is established the Teachers Service Commission.

(2) The functions of the Commission are— (a) to register trained teachers; (b) to recruit and employ registered teachers; (c) to assign teachers employed by the Commission for service in any public school or institution; (d) to promote and transfer teachers; (e) to exercise disciplinary control over teachers; and (f) to terminate the employment of teachers.

(e) to exercise disciplinary control over teachers; and

(1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters— (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sovereignty of the people; (d) the national values and principles of governance referred to in Article 10(2)(a) to (d); (e) the Bill of Rights; (f) the term of office of the President; (g) the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies; (h) the functions of Parliament; (i) the objects, principles and structure of devolved government; or (j) the provisions of this Chapter.

(2) A proposed amendment shall be approved by a referendum under clause (1) if— (a) at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum; and (b) the amendment is supported by a simple majority of the citizens voting in the referendum.

(1) A Bill to amend this Constitution— (a) may be introduced in either House of Parliament; (b) may not address any other matter apart from consequential amendments to legislation arising from the Bill; (c) shall not be called for second reading in either House within ninety days after the first reading of the Bill in that House; and (d) shall have been passed by Parliament when each House of Parliament has passed the Bill, in both its second and third readings, by not less than two-thirds of all the members of that House.

(2) Parliament shall publicise any Bill to amend this Constitution, and facilitate public discussion about the Bill.

(1) This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles; (b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and (d) contributes to good governance.

(2) If there is a conflict between different language versions of this Constitution, the English language version prevails.

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.

(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date.

(5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.

(6) The High Court in determining a petition under clause (5) may— (a) make a declaratory order on the matter; and (b) transmit an order directing Parliament and the Attorney-General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice.

The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date.

This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is the earlier.

Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the effective date shall stand repealed on the effective date.