The 2010 Constitution of Kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. The constitution was presented to the Attorney General of Kenya on 7th April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters and promulgated on 27th August 2010. Constitution of Kenya (2010) – Nyongesa Sande.
ARRANGEMENT OF ARTICLES
CHAPTER ONE—SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
2—Supremacy of this Constitution.
3—Defence of this Constitution.
4—Declaration of the Republic.
6—Devolution and access to services.
7—National, official and other languages.
9—National symbols and national days.
10—National values and principles of governance.
11—Culture.
13—Retention and acquisition of citizenship.
15—Citizenship by registration.
18—Legislation on citizenship.
CHAPTER FOUR—THE BILL OF RIGHTS
PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
19—Rights and fundamental freedoms.
20—Application of Bill of Rights.
21—Implementation of rights and fundamental freedoms.
22—Enforcement of Bill of Rights.
23—Authority of courts to uphold and enforce the Bill of Rights.
24—Limitation of rights or fundamental freedoms.
25— Fundamental Rights and freedoms that may not be limited.
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
27—Equality and freedom from discrimination.
29—Freedom and security of the person.
30—Slavery, servitude and forced labour.
31—Privacy.
32—Freedom of conscience, religion, belief and opinion.
37—Assembly, demonstration, picketing and petition.
39—Freedom of movement and residence.
40—Protection of right to property.
42—Environment.
43—Economic and social rights.
45—Family.
47—Fair administrative action.
49—Rights of arrested persons.
51—Rights of persons detained, held in custody or imprisoned.
PART 3—SPECIFIC APPLICATION OF RIGHTS
53—Children.
55—Youth.
56—Minorities and marginalised groups.
PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION
59—Kenya National Human Rights and Equality Commission.
CHAPTER FIVE—LAND AND ENVIRONMENT
62—Public land.
65—Landholding by non-citizens.
66—Regulation of land use and property.
PART 2— ENVIRONMENT AND NATURAL RESOURCES
69—Obligations in respect of the environment.
70—Enforcement of environmental rights.
71—Agreements relating to natural resources.
72—Legislation relating to the environment.
CHAPTER SIX—LEADERSHIP AND INTEGRITY
73—Responsibilities of leadership.
74—Oath of office of State officers.
76—Financial probity of State officers.
77—Restriction on activities of State officers.
78—Citizenship and leadership.
79—Legislation to establish the ethics and anti-corruption commission.
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE
PART 1—ELECTORAL SYSTEM AND PROCESS
81—General principles for the electoral system.
84—Candidates for election and political parties to comply with code of conduct.
85—Eligibility to stand as an independent candidate.
86—Voting.
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
88—Independent Electoral and Boundaries Commission.
89—Delimitation of electoral units.
90—Allocation of party list seats.
91—Basic requirements for political parties.
92—Legislation on political parties.
PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
93—Establishment of Parliament.
95—Role of the National Assembly.
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
97—Membership of the National Assembly.
99—Qualifications and disqualifications for election as member of Parliament.
100—Promotion of representation of marginalised groups.
101—Election of members of Parliament.
103—Vacation of office of member of Parliament.
104—Right of recall.
105—Determination of questions of membership.
106—Speakers and Deputy Speakers of Parliament.
108—Party leaders.
PART 4—PROCEDURES FOR ENACTING LEGISLATION
109—Exercise of legislative powers.
110—Bills concerning county government.
111—Special Bills concerning county governments.
112—Ordinary Bills concerning county governments.
114—Money Bills.
115—Presidential assent and referral
116—Coming into force of laws.
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
117—Powers, privileges and immunities.
118—Public access and participation.
119—Right to petition Parliament.
120—Official languages of Parliament.
121—Quorum.
124—Committees and Standing Orders.
125—Power to call for evidence.
126—Location of sittings of Parliament.
127—Parliamentary Service Commission.
128—Clerks and staff of Parliament.
PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE
129—Principles of executive authority.
PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
131—Authority of the President.
132—Functions of the President.
133—Power of mercy.
134—Exercise of presidential powers during temporary incumbency.
135—Decisions of the President.
136—Election of the President.
137—Qualifications and disqualifications for election as President.
138—Procedure at presidential election.
139—Death before assuming office.
140—Questions as to validity of presidential election.
141—Assumption of office of President.
142—Term of office of President.
143—Protection from legal proceedings.
144—Removal of President on grounds of incapacity.
145—Removal of President by impeachment.
146—Vacancy in the office of President.
147—Functions of the Deputy President.
148—Election and swearing-in of Deputy President.
149—Vacancy in the office of Deputy President.
150—Removal of Deputy President.
151—Remuneration and benefits of President and Deputy President.
152—Cabinet.
153—Decisions, responsibility and accountability of the Cabinet.
157—Director of Public Prosecutions.
158—Removal and resignation of Director of Public Prosecutions.
PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
160—Independence of the Judiciary.
161—Judicial offices and officers.
163—Supreme Court.
164—Court of Appeal.
165—High Court.
166—Appointment of Chief Justice, Deputy Chief Justice and other judges.
167—Tenure of office of the Chief Justice and other judges.
170—Kadhis’ Courts.
PART 4—JUDICIAL SERVICE COMMISSION
171—Establishment of the Judicial Service Commission.
172—Functions of the Judicial Service Commission.
173—Judiciary Fund.
CHAPTER ELEVEN—DEVOLVED GOVERNMENT
PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT
175—Principles of devolved government.
177—Membership of county assembly.
178—Speaker of a county assembly.
179—County executive committees.
180—Election of county governor and deputy county governor.
181—Removal of a county government.
182—Vacancy in the office of county governor.
183—Functions of county executive committees.
185—Legislative authority of county assemblies.
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
186—Respective functions and powers of national and county governments.
187—Transfer of functions and powers between levels of government.
PART 4—THE BOUNDARIES OF COUNTIES
PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
189—Cooperation between national and county governments.
190—Support for county governments.
PART 6—SUSPENSION OF COUNTY GOVERNMENTS
192—Suspension of county government.
193—Qualifications for election as member of county assembly.
194—Vacation of office of member of county assembly.
195—County assembly power to summon witnesses.
196—Public participation and county assembly powers, privileges and immunities.
197—County assembly gender balance and diversity.
198—County government during transition.
199—Publication of county legislation.
PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
201—Principles of public finance.
202—Equitable sharing of national revenue.
203—Equitable share and other financial laws.
205—Consultation on financial legislation affecting counties.
206—Consolidated Fund and other public funds.
207—Revenue Funds for county governments.
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
209—Power to impose taxes and charges.
211—Borrowing by national government.
213—Loan guarantees by national government.
214—Public debt.
215—Commission on Revenue Allocation.
216—Functions of the Commission on Revenue Allocation.
218—Annual Division and Allocation of Revenue Bills.
219—Transfer of equitable share.
220—Form, content and timing of budgets.
221—Budget estimates and annual Appropriation Bill.
222—Expenditure before annual budget is passed.
223—Supplementary appropriation.
224—County appropriation Bills.
PART 6—CONTROL OF PUBLIC MONEY
226—Accounts and audit of public entities.
227—Procurement of public goods and services.
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS
229—Auditor-General.
230—Salaries and Remuneration Commission.
CHAPTER THIRTEEN—THE PUBLIC SERVICE
PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE
232—Values and principles of public service.
PART 2—THE PUBLIC SERVICE COMMISSION
233—The Public Service Commission.
234—Functions and powers of the Public Service Commission.
235—Staffing of county governments.
236—Protection of public officers.
PART 3—TEACHERS SERVICE COMMISSION
237—Teachers Service Commission.
CHAPTER FOURTEEN—NATIONAL SECURITY
PART 1—NATIONAL SECURITY ORGANS
238—Principles of national security.
240—Establishment of the National Security Council.
PART 2—THE KENYA DEFENCE FORCES
241—Establishment of Defence Forces and Defence Council.
PART 3—THE NATIONAL INTELLIGENCE SERVICE
242—Establishment of National Intelligence Service.
PART 4—THE NATIONAL POLICE SERVICE
243—Establishment of the National Police Service.
244—Objects and functions of the National Police Service.
245—Command of the National Police Service.
246—National Police Service Commission.
CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
249—Objects, authority and funding of commissions and independent offices.
250—Composition, appointment and terms of office.
252—General functions and powers.
253—Incorporation of commissions and independent offices.
254—Reporting by commissions and independent offices.
CHAPTER SIXTEEN—AMENDMENT OF THIS CONSTITUTION
255—Amendment of this Constitution.
256—Amendment by parliamentary initiative.
257—Amendment by popular initiative.
CHAPTER SEVENTEEN—GENERAL PROVISIONS
258—Enforcement of this Constitution.
259—Construing this Constitution.
260—Interpretation.
CHAPTER EIGHTEEN—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
261—Consequential legislation.
262—Transitional and consequential provisions.
263—Effective Date.
264—Repeal of previous constitution.
Second Schedule: National symbols
Third Schedule: National Oaths and affirmations
Fourth Schedule: Distribution of functions between National and the county governments
PREAMBLE
We, the people of Kenya—
ACKNOWLEDGING the supremacy of the Almighty God of all creation:
HONOURING those who heroically struggled to bring freedom and justice to our land:
PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:
RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:
COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:
RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:
ADOPT, ENACT and give this Constitution to ourselves and to our future generations.
GOD BLESS KENYA
THE CONSTITUTION OF KENYA
