LAWS OF KENYA
CONSTITUTION OF KENYA
Revised Edition 2000
Lawafrica.com
THE CONSTITUTION OF KENYA
ARRANGEMENT OF SECTIONS
Section CHAPTER
1 - THE
REPUBLIC OF KENYA
1
Declaration of Republic.
1A Political system.
2
Public Seal.
2A (Repealed).
3
Constitution of Republic of Kenya.
CHAPTER II
- THE
EXECUTIVE
Part 1 - The
President and the Vice-President
4
The office of President.
5
Election of President.
6
Vacancy in office of President.
7
Assumption of office of President.
8
Oath of President.
9
Term of office of President.
10
Determination of questions as to validity of presidential
elections, etc.
11
Exercise of President’s functions during absence, illness,
etc.
12
Removal of President on grounds of incapacity.
13
Salary and allowances of President.
14
Protection of President in respect of legal proceedings during
office.
15
The Vice-President of Kenya.
Part 2 - Ministers
and the Cabinet
16
Ministers of Government of Kenya.
17
Cabinet.
18
Allocation of portfolios to Ministers.
19
Assistant Ministers.
20
Absence of Vice-President, Ministers and Assistant Ministers
from Kenya.
21
Oaths to be taken by Ministers and Assistant Ministers.
22
Appointing of permanent secretaries.
Part 3 - Executive
Powers
23.
Executive authority of Government of Kenya.
24.
Constitution of offices.
25.
Tenure of office in the service of the Republic.
26.
Attorney General.
27.
Prerogative of mercy.
28.
Advisory Committee on Prerogative of Mercy.
29.
Functions of Advisory Committee of Prerogative of Mercy.
CHAPTER III
- PARLIAMENT
Part 1 - Composition
of Parliament
30.
Legislative power.
31.
Composition of National Assembly.
32.
Election of elected members.
33.
Nominated members.
34.
Qualifications for election.
35.
Disqualifications for election.
36.
Attorney-General to be member of National Assembly.
37.
Speaker of National Assembly.
38.
Deputy Speaker of National Assembly.
39.
Vacation of seat in National Assembly.
40.
Vacation of seat in National Assembly upon resignation from
party.
41.
Electoral Commission.
42.
Constituencies.
42A Conduct of elections.
43.
Qualifications and disqualifications for registration as
a voter.
44.
Determination of questions as to membership of National Assembly.
45.
(Repealed by Act 3 of 1999, Replaced by S45 A)
45A. Parliamentary Service
Part 2 - Legislation
and Procedure in the National Assembly
46.
Exercise of legislative power of Parliament.
47.
Alteration of Constitution.
48.
Restrictions with regard to certain financial measures.
49.
Oaths to be taken by members of National Assembly.
50.
Presiding in National Assembly.
51.
Quorum in National Assembly
52.
Powers of President in Parliament.
53.
Official languages.
54.
Voting in National Assembly.
55.
Unqualified persons sitting or voting.
56.
Regulation of procedure in National Assembly.
57.
Powers, privileges and immunities of National Assembly.
Part 3 - Summoning,
Prorogation and Dissolution of Parliament
58.
Summoning of Parliament.
59.
Prorogation and dissolution of Parliament.
CHAPTER IV
- THE
JUDICATURE
Part 1 - The
High Court and the Court of Appeal
60.
Establishment of High Court.
61.
Appointment of judges of High Court.
62.
Tenure of office of judges of High Court.
63.
Oaths to be taken by judges of High Court.
64.
Establishment of Court of Appeal.
Part 2 - Other
Courts
65.
Establishment of other courts.
66.
Kadhis’ courts.
67.
References and appeals on interpretation of Constitution.
Part 3 - The Judicial
Service Commission
68.
Judicial Service Commission.
69.
Appointment, etc., of judicial officers.
CHAPTER V
- PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
OF THE INDIVIDUAL
70.
Fundamental rights and freedoms of the individual.
71.
Protection of right to life.
72.
Protection of right to personal liberty.
73.
Protection from slavery and forced labour.
74.
Protection from inhuman treatment.
75.
Protection from deprivation of property.
76.
Protection against arbitrary search or entry.
77.
Provisions to secure protection of law.
78.
Protection of freedom of conscience.
79.
Protection of freedom of expression.
80.
Protection of freedom of assembly and association.
81.
Protection of freedom of movement.
82.
Protection from discrimination on grounds of race, etc.
83.
Derogation from fundamental rights and freedoms.
84.
Enforcement of protective provisions.
85.
Preservation of public security.
86.
Interpretation and savings.
CHAPTER VI
- CITIZENSHIP
87.
Persons who become citizens on 12th December,
1963.
88.
Persons entitled to be registered as citizens by virtue of
connexion with Kenya before 12th December,
1963.
89.
Persons born in Kenya after 11th December, 1963.
90.
Persons born outside Kenya after 11th December,
1963.
91.
Marriage to Kenya citizen.
92.
Persons eligible to be registered as Kenya citizens.
93.
Persons eligible to be naturalised as Kenya citizens.
94.
Deprivation of citizenship.
95.
Commonwealth citizens.
96.
Powers of Parliament.
97.
Dual citizenship.
98.
Interpretation.
CHAPTER VII
- FINANCE
99.
Consolidated Fund and other funds of the Government of Kenya.
100.
Authorisation of expenditure from Consolidated Fund by appropriation.
101.
Authorisation of expenditure in advance of appropriation.
102.
Contingencies Fund.
103.
Public debt of Government of Kenya.
104.
Remuneration of certain officers.
105.
Controller and Auditor-General.
CHAPTER VIII
- THE PUBLIC SERVICE
106.
Public Service Commission.
107.
Appointment, etc., of public officers.
108.
Appointment, etc., of members of Kenya Police Force.
109.
Attorney General.
110.
Controller and Auditor-General.
111.
Appointment of Permanent Secretaries, Ambassadors etc.
112.
Pensions laws and protection of pensions rights.
113.
Power to withhold pensions, etc.
CHAPTER IX
- TRUST LAND
114.
Interpretation of Chapter.
115.
Trust Land to vest in county councils.
116.
Registration of individual titles and Trust land.
117.
Setting apart of Trust land by county councils.
118.
Setting apart of Trust land for purposes of Government, etc.
119.
Land no longer required for purposes of Government etc.
120.
Escheat of rights in former Trust land.
CHAPTER X
- GENERAL
121.
Resignations.
122.
Re-appointments and concurrent appointments.
123.
Interpretation.
CHAPTER XI
- TRANSITORY
124.
Effect of Chapter.
125.
Appeals in respect of certain decisions affecting pensions
benefits.
126.
Compulsory retirement to facilitate appointment of local
candidates.
127.
(Repealed).
