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CHAPTER FOUR

CHAPTER FOUR

Part 4 - State of emergency

58.

State of emergency

  1. A state of emergency may be declared only under Article 132 (4) (d) :Functions of the President and only when–

    1. the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and

    2. the declaration is necessary to meet the circumstances for which the emergency is declared.

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

    1. prospectively; and

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

  3. The National Assembly may extend a declaration of a state of emergency–

    1. by resolution adopted–

      1. following a public debate in the National Assembly; and

      2. by the majorities specified in clause (4); and

    2. for not longer than two months at a time.

  4. 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.

  5. The Supreme Court may decide on the validity of–

    1. a declaration of a state of emergency;

    2. any extension of a declaration of a state of emergency; and

    3. any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

  6. Any legislation enacted in consequence of a declaration of a state of emergency––

    1. may limit a right or fundamental freedom in the Bill of Rights only to the extent that–

      1. the limitation is strictly required by the emergency; and

      2. the legislation is consistent with the Republic's obligations under international law applicable to a state of emergency; and

    2. shall not take effect until it is published in the Gazette.

  7. 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.

Part 5 - Kenya national human rights and equality commission


59.

Kenya National Human Rights and Equality Commission

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

  2. The functions of the Commission are–

    1. to promote respect for human rights and develop a culture of human rights in the Republic;

    2. to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development;

    3. to promote the protection, and observance of human rights in public and private institutions;

    4. to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs;

    5. to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;

    6. on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;

    7. to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights;

    8. to investigate any conduct in state affairs, or any act or omission in public administration in any sphere of government, that is alleged or suspected to be prejudicial or improper or to result in any impropriety or prejudice;

    9. to investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct;

    10. to report on complaints investigated under paragraphs (h) and (i) and take remedial action; and

    11. to perform any other functions prescribed by legislation.

  3. 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.

  4. 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.

  5. If Parliament enacts legislation restructuring the Commission under clause (4)––

    1. that legislation shall assign each function of the Commission specified in this Article to one or the other of the successor commissions;

    2. each of the successor commissions shall have powers equivalent to the powers of the Commission under this Article; and

    3. each successor commission shall be a commission within the meaning of Chapter Fifteen (commissions and independent offices), and shall have the status and powers of a commission under that Chapter.


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