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KenyaSimplified

Chapter 4, Part 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.
    Art. 58(1)

    (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.

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  • An emergency lasts no longer than 14 days unless the National Assembly extends it.
    Art. 58(2)(b)

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

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  • The Supreme Court can decide whether a state of emergency, or its extension, is valid.
    Art. 58(5)

    (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.

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