The Constitution of Kenya

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

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

Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution—

The sovereign power of the people is exercised at—

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

No person may claim or exercise State authority except as authorised under this Constitution.

The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.

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.

The general rules of international law shall form part of the law of Kenya.

Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

Every person has an obligation to respect, uphold and defend this Constitution.

Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

Kenya is a sovereign Republic.

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.

The territory of Kenya is divided into the counties specified in the First Schedule.

The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.

A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

The national language of the Republic is Kiswahili.

The official languages of the Republic are Kiswahili and English.

The State shall—

There shall be no State religion.

The national symbols of the Republic are—

The national symbols are as set out in the Second Schedule.

The national days are—

A national day shall be a public holiday.

Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.

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—

The national values and principles of governance include—

This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.

The State shall—

Parliament shall enact legislation to—

Every citizen is entitled to—

A passport or other document referred to in clause (1)(b) may be denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria referred to in Article 24.

Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.

Citizenship may be acquired by birth or registration.

Citizenship is not lost through marriage or the dissolution of marriage.

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.

Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.

Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya.

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.

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.

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.

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.

A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen.

Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.

This Article applies to a person as from the effective date, but any requirements that must be satisfied before the person is entitled to be registered as a citizen shall be regarded as having been satisfied irrespective of whether the person satisfied them before or after the effective date, or partially before, and partially after, the effective date.

A citizen by birth does not lose citizenship by acquiring the citizenship of another country.

If a person acquired citizenship by registration, the citizenship may be revoked if—

The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14(4), may be revoked if—

Parliament shall enact legislation—

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

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.

The rights and fundamental freedoms in the Bill of Rights—

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

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.

In applying a provision of the Bill of Rights, a court shall—

In interpreting the Bill of Rights, a court, tribunal or other authority shall promote—

In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—

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.

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.

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.

The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.

Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

In addition to a person acting in their own interest, court proceedings under clause(1) may be instituted by—

The Chief Justice shall make rules providing for the court proceedings referred to in this Article, which shall satisfy the criteria that—

The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court.

The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

In any proceedings brought under Article 22, a court may grant appropriate relief, including—

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—

Despite clause (1), a provision in legislation limiting a right or fundamental freedom—

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.

The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.

Despite clause (1) and (2), a provision in legislation may limit the application of the rights or fundamental freedoms in the following provisions to persons serving in the Kenya Defence Forces or the National Police Service—

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—

Every person has the right to life.

The life of a person begins at conception.

A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.

Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

Every person is equal before the law and has the right to equal protection and equal benefit of the law.

Equality includes the full and equal enjoyment of all rights and fundamental freedoms.

Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4)

To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.

Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.

In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two- thirds of the members of elective or appointive bodies shall be of the same gender.

Every person has inherent dignity and the right to have that dignity respected and protected.

Every person has the right to freedom and security of the person, which includes the right not to be—

A person shall not be held in slavery or servitude.

A person shall not be required to perform forced labour.

Every person has the right to privacy, which includes the right not to have—

Every person has the right to freedom of conscience, religion, thought, belief and opinion.

Every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.

A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.

A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.

Every person has the right to freedom of expression, which includes—

The right to freedom of expression does not extend to—

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

Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2).

The State shall not—

Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—

All State-owned media shall—

Parliament shall enact legislation that provides for the establishment of a body, which shall—

Every citizen has the right of access to—

Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

The State shall publish and publicise any important information affecting the nation.

Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.

A person shall not be compelled to join an association of any kind.

Any legislation that requires registration of an association of any kind shall provide that—

Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

Every citizen is free to make political choices, which includes the right—

Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—

Every adult citizen has the right, without unreasonable restrictions—

Every person has the right to freedom of movement.

Every person has the right to leave Kenya.

Every citizen has the right to enter, remain in and reside anywhere in Kenya.

Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property—

Parliament shall not enact a law that permits the State or any person—

The State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation—

Provision may be made for compensation to be paid to occupants in good faith of land acquired under clause (3) who may not hold title to the land.

The State shall support, promote and protect the intellectual property rights of the people of Kenya.

The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.

Every person has the right to fair labour practices.

Every worker has the right—

Every employer has the right—

Every trade union and every employers’ organisation has the right—

Every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

Every person has the right to a clean and healthy environment, which includes the right—

Every person has the right—

A person shall not be denied emergency medical treatment.

The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.

A person belonging to a cultural or linguistic community has the right, with other members of that community—

A person shall not compel another person to perform, observe or undergo any cultural practice or rite.

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.

Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.

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.

Parliament shall enact legislation that recognises—

Consumers have the right—

Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising.

This Article applies to goods and services offered by public entities or private persons.

Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.

Parliament shall enact legislation to give effect to the rights in clause(1) and that legislation shall—

The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.

An arrested person has the right—

A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

Every accused person has the right to a fair trial, which includes the right—

If this Article requires information to be given to a person, the information shall be given in a language that the person understands.

Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.

An accused person—

A person who is convicted of a criminal offence may petition the High Court for a new trial if—

In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court.

This Article does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusion is necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security.

Parliament shall enact legislation providing for the protection, rights and welfare of victims of offences.

A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

Parliament shall enact legislation that—

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

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

Every child has the right—

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

A person with any disability is entitled—

The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

The State shall take measures, including affirmative action programmes, to ensure that the youth—

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—

The State shall take measures to ensure the rights of older persons—

A state of emergency may be declared only under Article 132(4)(d) and only when-

A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only—

The National Assembly may extend a declaration of a state of emergency—

The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

The Supreme Court may decide on the validity of—

Any legislation enacted in consequence of a declaration of a state of emergency—

A declaration of a state of emergency, or legislation enacted or other action taken in consequence of any declaration, may not permit or authorise the indemnification of the State, or of any person, in respect of any unlawful act or omission.

There is established the Kenya National Human Rights and Equality Commission.

The functions of the Commission are—

Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

Parliament shall enact legislation to give full effect to this Part, and any such legislation may restructure the Commission into two or more separate commissions.

If Parliament enacts legislation restructuring the Commission under clause(4) —

Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—

These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation.

All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.

Land in Kenya is classified as public, community or private.

Public land is—

Public land shall vest in and be held by a county government in trust for the people resident in the county, and shall be administered on their behalf by the National Land Commission, if it is classified under—

Public land classified under clause(1)(f) to (m) shall vest in and be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission.

Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use.

Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.

Community land consists of—

Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.

Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.

Parliament shall enact legislation to give effect to this Article.

Private land consists of —

A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years

If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more

For purposes of this Article—

Parliament may enact legislation to make further provision for the operation of this Article

The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning

Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies

There is established the National Land Commission

The functions of the National Land Commission are—

The National Land Commission may perform any other functions prescribed by national legislation

Parliament shall—

The State shall—

Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources

If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied,violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter

On application under clause (1), the court may make any order, or give any directions, it considers appropriate—

For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury

A transaction is subject to ratification by Parliament if it—

Parliament shall enact legislation providing for the classes of transactions subject to ratification under clause (1)

Parliament shall enact legislation to give full effect to the provisions of this Part

Authority assigned to a State officer—

The guiding principles of leadership and integrity include—

Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe to the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament

A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—

A person who contravenes clause (1), or Article 76, 77 or 78(2)—

A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office

A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament

A State officer shall not—

A full-time State officer shall not participate in any other gainful employment

Any appointed State officer shall not hold office in a political party

A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—

A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3)

A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya

A State officer or a member of the defence forces shall not hold dual citizenship

Clauses (1) and (2) do not apply to—

Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter

Parliament shall enact legislation—

The electoral system shall comply with the following principles—

Parliament shall enact legislation to provide for—

Legislation required by clause (1)(d) shall ensure that voting at every election is—

A person qualifies for registration as a voter at elections or referenda if the person—

A citizen who qualifies for registration as a voter shall be registered at only one registration centre

Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election

In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission

Any person is eligible to stand as an independent candidate for election if the person—

At every election, the Independent Electoral and Boundaries Commission shall ensure that—

Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes

Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission

Service of a petition may be direct or by advertisement in a newspaper with national circulation

There is established the Independent Electoral and Boundaries Commission

A person is not eligible for appointment as a member of the Commission if the person—

A member of the Commission shall not hold another public office

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—

The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation

There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97(1)(a)

The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament

The Commission shall review the number, names and boundaries of wards periodically

If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election

The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of—

The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—

In reviewing constituency and ward boundaries the Commission shall—

If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards

Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication

A person may apply to the High Court for review of a decision of the Commission made under this Article

An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed

For the purposes of this Article, "population quota" means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article

Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists

The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election

Every political party shall—

A political party shall not—

Parliament shall enact legislation to provide for—

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

The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution

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

Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty

Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution

Parliament shall protect this Constitution and promote the democratic governance of the Republic

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

An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority

The National Assembly represents the people of the constituencies and special interests in the National Assembly

The National Assembly deliberates on and resolves issues of concern to the people

The National Assembly enacts legislation in accordance with Part 4 of this Chapter

The National Assembly—

The National Assembly—

The National Assembly approves declarations of war and extensions of states of emergency

The Senate represents the counties, and serves to protect the interests of the counties and their governments

The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113

The Senate determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments

The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145

The National Assembly consists of—

Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a)

The Senate consists of—

The members referred to in paragraph (1)(c) and (d) shall be elected in accordance with Article 90

Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a)

Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—

A person is disqualified from being elected a member of Parliament if the person—

A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted

Parliament shall enact legislation to promote the representation in Parliament of—

A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year

Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1)(c), or of the Senate under Article 98(1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—

A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker

Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97(1)(a) or (b), or of the Senate elected under Article 98(1)(a)—

A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election

The term of each House of Parliament expires on the date of the next general election

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

The term of Parliament shall not be extended under clause (2) for a total of more than twelve months

The office of a member of Parliament becomes vacant—

Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1)(e), to have resigned from the party

The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament

Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed

The High Court shall hear and determine any question whether—

A question under clause (1) shall be heard and determined within six months of the date of lodging the petition

Parliament shall enact legislation to give full effect to this Article

There shall be—

The office of Speaker or Deputy Speaker shall become vacant—

At any sitting of a House of Parliament—

At a joint sitting of the Houses of Parliament, the Speaker of the National Assembly shall preside, assisted by the Speaker of the Senate

There shall be a leader of the majority party and a leader of the minority party

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

The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties

The following order of precedence shall be observed in the National Assembly—

Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President

Any Bill may originate in the National Assembly

A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly

A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses

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

In this Constitution,

"a Bill concerning county government" means—

Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill

When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House

If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent

A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3)

The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly

If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to the President for assent

If one House passes an ordinary Bill concerning counties, and the second House—

If, after the originating House has reconsidered a Bill referred back to it under clause (1)(b), that House—

If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass

If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill

If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent

If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated

A money Bill may not deal with any matter other than those listed in the definition of "a money Bill" in clause (3)

If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter listed in the definition of "a money Bill", the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance

In this Constitution, "a money Bill" means a Bill, other than a Bill specified in Article 218, that contains provisions dealing with—

In clause (3), "tax", "public money", and "loan" do not include any tax, public money or loan raised by a county

Within fourteen days after receipt of a Bill, the President shall—

If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part—

If Parliament amends the Bill fully accommodating the President’s reservations, the appropriate Speaker shall re-submit it to the President for assent

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—

If Parliament has passed a Bill under clause (4)—

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

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

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

An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament

Clause (3) does not apply to an interest that members of Parliament have as members of the public

There shall be freedom of speech and debate in Parliament

Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of Parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members

Parliament shall—

Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion

Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation

Parliament shall make provision for the procedure for the exercise of this right

The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language

In case of a conflict between different language versions of an Act of Parliament, the version signed by the President shall prevail

The quorum of Parliament shall be–

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

On a question proposed for decision in either House—

A member shall not vote on any question in which the member has a pecuniary interest

In reckoning the number of members of a House of Parliament for any purpose of voting in that House, the Speaker of that House shall not be counted as a member

On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under Article 98(1)(a) shall be the head of the delegation

When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties

When the Senate votes on a matter that does not affect counties, each senator has one vote

Except as provided otherwise in this Constitution, in any matter in the Senate affecting counties—

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

Parliament may establish joint committees consisting of members of both Houses and may jointly regulate the procedure of those committees

The proceedings of either House are not invalid just because of—

When a House of Parliament considers any appointment for which its approval is required under this Constitution or an Act of Parliament—

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

For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court—

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

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

There is established the Parliamentary Service Commission

The Commission consists of—

The Clerk of the Senate shall be the Secretary to the Commission

A member of the Commission shall vacate office—

Despite clause (4), when the term of a House of Parliament ends, a member of the Commission appointed under clause (2)(c) shall continue in office until a new member has been appointed in the member’s place by the next House

The Commission is responsible for—

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

The offices of the Clerks and offices of members of the staff of the Clerks shall be offices in the Parliamentary Service

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

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

The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet

The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya

The President—

The President shall—

The President shall not hold any other State or public office

The President shall—

The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss—

The President shall—

The President may—

The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries

On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by—

There shall be an Advisory Committee on the Power of Mercy, comprising—

Parliament shall enact legislation to provide for—

The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President

A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

The powers referred to in clause (1) are—

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

The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections

An election of the President shall be held—

A person qualifies for nomination as a presidential candidate if the

A person is not qualified for nomination as a presidential candidate if the person—

Clause (2)(b) shall not apply to—

If only one candidate for President is nominated, that candidate shall be declared elected

If two or more candidates for President are nominated, an election shall be held in each constituency

In a presidential election—

A candidate shall be declared elected as President if the candidate receives—

If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be—

If more than one candidate receives the greatest number of votes, clause (5)(b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5)(a)

The candidate who receives the most votes in the fresh election shall be declared elected as President

A presidential election shall be cancelled and a new election held if—

A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election

Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall—

If a President-elect dies after being declared elected as President, but before assuming office—

If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office by the person declared elected as the President

If both the persons declared elected as the President and the Deputy President die before assuming office—

A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election

Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final

If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination

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

The President-elect shall be sworn in on the first Tuesday following—

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

Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect

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

A person shall not hold office as President for more than two terms

Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office

Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution

Where provision is made in law limiting the time within which proceedings under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law

The immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity

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

If a motion under clause (1) is supported by a majority of all the members of the National Assembly—

Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of—

If the Chief Justice is unable to appoint a tribunal under clause (3), the Deputy Chief Justice shall appoint such a tribunal

If the President is unable to nominate the person required to be nominated under clause (3)(c), the person shall be nominated by—

The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly

The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it

The report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall so announce in the National Assembly

If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report

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

A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—

If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly—

Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—

A special committee appointed under clause (3)(b) shall—

The President shall have the right to appear and be represented before the special committee during its investigations

If the special committee reports that the particulars of any allegation against the President—

If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office

The office of President shall become vacant if the holder of the office —

When a vacancy occurs in the office of President—

A person who assumes the office of President under clause (2)(a), or following an election required by clause (2)(b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136(2)(a)

If the Deputy President assumes office as President under clause (2)(a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142(2)—

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

The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign

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

The Deputy President shall not hold any other State or public office

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

For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137(1)(d) shall not apply to a candidate for Deputy President

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

The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public

The Deputy President-elect assumes office by taking and subscribing to—

The term of office of the Deputy President shall run from the date of the swearing in of the Deputy President, and shall end—

The Deputy President may resign from office at any time by notice, in writing, addressed to the President and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a date is not specified, at noon on the day after the notice is delivered

A person shall not hold office as Deputy President for more than two terms

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

If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148(8), the person shall be deemed—

The Deputy President may be removed from office—

The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the removal of the Deputy President

The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund

The remuneration, benefits and privileges of the President and Deputy President shall not be varied to their disadvantage while in office

The retirement benefits payable to a former President and a former Deputy President, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime

The Cabinet consists of—

The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries

A Cabinet Secretary shall not be a Member of Parliament

Each person appointed as a Cabinet Secretary—

The President—

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—

If a motion under clause (6) is supported by at least one-third of the members of the National Assembly—

The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations

If the select committee reports that it finds the allegations—

If a resolution under clause (9)(b)(ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of the members of the National Assembly—

A decision by the Cabinet shall be in writing

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

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

Cabinet Secretaries shall—

There is established the office of Secretary to the Cabinet, which is an office in the public service

The Secretary to the Cabinet shall—

The Secretary to the Cabinet shall—

The Secretary to the Cabinet may resign from office by giving notice, in writing, to the President

There is established the office of Principal Secretary, which is an office in the public service

Each State department shall be under the administration of a Principal Secretary

The President shall—

The President may reassign a Principal Secretary

A Principal Secretary may resign from office by giving notice, in writing, to the President

There is established the office of Attorney-General

The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President

The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice

The Attorney-General—

The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party

The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest

The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions

There is established the office of Director of Public Prosecutions

The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President

The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court

The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction

The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for reappointment

The Director of Public Prosecutions shall exercise State powers of prosecution and may—

If the discontinuance of any proceedings under clause (6)(c) takes place after the close of the prosecution’s case, the defendant shall be acquitted

The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court

The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions

The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority

In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process

Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions

The Director of Public Prosecutions may be removed from office only on the grounds of—

A person desiring the removal of the Director of Public Prosecutions may present a petition to the Public Service Commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Director

The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under clause (1), it shall send the petition to the President

On receipt and examination of the petition, the President shall, within fourteen days, suspend the Director of Public Prosecutions from office pending action by the President in accordance with clause (5) and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of—

The tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the President, who shall act in accordance with the recommendations of the tribunal

A Director of Public Prosecutions who is suspended from office under clause

shall be entitled to half of his or her remuneration until removed from, or reinstated in, office

A tribunal appointed under clause (4) shall elect a chairperson from among its members

A tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings

The Director of Public Prosecutions may resign from office by giving notice, in writing, to the President

Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution

In exercising judicial authority, the courts and tribunals shall be guided by the following principles—

Traditional dispute resolution mechanisms shall not be used in a way that—