Front page



Chapter one

Article 1: Sovereignty of the people

Article 2: Supremacy of this constitution

Article 3: Defense of this Constitution

Chapter Two

Article 4: Declaration of the Republic

Article 5: Territory of Kenya

Article 6: Devolution and access to services

Article 7: National, official and other languages

Article 8: State and religion

Article 9: National symbols and national days

Article 10: National values and principles of governance

Article 11: Culture

Chapter Three

Article 12: Entitlements of citizens

Article 13: Retension and acquisition of citizenship

Article 14: Citizenship by birth

Article 15: citizenship by registration

Article 16: Dual citizenship

Article 17: Revocation of citizenship

Article 18: Legislation on citizenship

Chapter Four

Part 1 - General Provisions relating to the Bill of Rights

Article 19: Rights and fundamental Freedoms

Article 20: Application of Bill of Rights

Article 21: Implementation of rights and fundamental freedoms

Article 22: Enforcement of Bill of Rights

Article 23: Authority of courts to uphold and enforce the Bill of Rights

Article 24: Limitations of rights or fundamental freedoms

Article 25: Fundamental Rights and freedoms that may not be limited

Part 2 - Rights and fundamental freedoms

Article 26: Rights to life

Article 27: Equality and freedom from discrimination

Article 28: Human dignity

Article 29: Freedom and security of the person

Article 30: Slavery servitude and forced labour

Article 31: Privacy

Article 32: Freedom of conscience, religion, belief and opinion

Article 33: Freedom of expression

Article 34: Freedom of the media

Article 35: Access to information

Article 36: Freedom of Association

Article 37: Assembly, demonstration, picketing and petition

Article 38: Political rights

Article 39: Freedom of movement and residence

Article 40: Protection of right to property

Article 41: Labour relations

Article 42: Environment

Article 43: Economic and social rights

Article 44: Language and culture

Article 45: Family

Article 46: Consumer rights

Article 47: Fair administrative action

Article 48: Access to justice

Article 49: Rights of arrested person

Article 50: Fair hearing

Article 51: Rights of persons detained, held in custody or imprisoned

part 3 - specific application of rights

Article 52: Interpretation of Part

Article 53: Children

Article 54: Persons with disabilities

Article 55: Youth

Article 56: Minority and marginalized groups

Article 57: Old members of society

Part 4 - state of Emergency

Article 58: State of emergency

Part 5 - Kenya National Human Rights and Equality Commission

Article 59: Kenya National Human Rights and Equality Commission

Chapter Five

LAND AND ENVIRONMENT

Part 1–Land

Article 60: Principles of land policy

Article 61: Classification of land

Article 62: Public land

Article 63: Community land

Article 64: Private land

Article 65: Landholding by non-citizens

Article 66: Regulation of land use and property

Article 67: National Land Commission

Article 68: Legislation on land

Part 2– Environment and natural resources

Article 69: Obligations in respect of the environment

Article 70: Enforcement of environmental rights

Article 71: Agreements relating to natural resources

Article 72: Legislation relating to the environment

CHAPTER SIX

LEADERSHIP AND INTEGRITY

Article 73: Responsibilities of leadership

Article 74: Oath of office of State officers

Article 75: Conduct of State officers

Article 76: Financial probity of State officers

Article 77: Restriction on activities of State officers

Article 78: Citizenship and leadership

Article 79: Legislation to establish the ethics and anti-corruption commission

Article 80: Legislation on leadership

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE
Part 1–Electoral system and process

Article 81: General principles for the electoral system

Article 82: Legislation on elections

Article 83: Registration as a voter

Article 84: Candidates for election and political parties to comply with code of conduct

Article 85: Eligibility to stand as an independent candidate

Article 86: Voting

Article 87: Electoral disputes

Part 2–Independent Electoral and Boundaries Commission and delimitation of electoral units

Article 88: Independent Electoral and Boundaries Commission

Article 89: Delimitation of electoral units

Article 90: Allocation of party list seats

Part 3–Political Parties

Article 91: Basic requirements for political parties

Article 92: Legislation on political parties

CHAPTER EIGHT

THE LEGISLATURE
Part 1–Establishment and role of Parliament

Article 93: Establishment of Parliament

Article 94: Role of Parliament

Article 95: Role of the National Assembly

Article 96: Role of the Senate

Part 2–Composition and membership of Parliament

Article 97: Membership of the National Assembly

Article 98: Membership of the Senate

Article 99: Qualifications and disqualifications for election as member of Parliament

Article 100: Promotion of representation of marginalised groups

Article 101: Election of members of Parliament

Article 102: Term of Parliament

Article 103: Vacation of office of member of Parliament

Article 104: Right of recall

Article 105: Determination of questions of membership

Part 3–Offices of Parliament

Article 106: Speakers and Deputy Speakers of Parliament

Article 107: Presiding in Parliament

Article 108: Party leaders

Part 4–Procedures for enacting legislation

Article 109: Exercise of legislative powers

Article 110: Bills concerning county government

Article 111: Special Bills concerning county governments

Article 112: Ordinary Bills concerning county governments

Article 113: Mediation committees

Article 114: Money Bills

Article 115: Presidential assent and referral

Article 116: Coming into force of laws

Part 5–Parliament's general procedures and rules

Article 117: Powers, privileges and immunities

Article 118: Public access and participation

Article 119: Right to petition Parliament

Article 120: Official languages of Parliament

Article 121: Quorum

Article 122: Voting in Parliament

Article 123: Decisions of Senate

Article 124: Committees and Standing Orders

Article 125: Power to call for evidence

Part 6–Miscellaneous

Article 126: Location of sittings of Parliament

Article 127: Parliamentary Service Commission

Article 128: Clerks and staff of Parliament

CHAPTER NINE

THE EXECUTIVE
Part 1 – Principles and Structure of the National Executive

Article 129: Principles of executive authority

Article 130: The National Executive

Part 2 – The President and Deputy President

Article 131: Authority of the President

Article 132: Functions of the President

Article 133: Power of mercy

Article 134: Exercise of presidential powers during temporary incumbency

Article 135: Decisions of the President

Article 136: Election of the President

Article 137: Qualifications and disqualifications for election as President

Article 138: Procedure at presidential election

Article 139: Death before assuming office

Article 140: Questions as to validity of presidential election

Article 141: Assumption of office of President

Article 142: Term of office of President

Article 143: Protection from legal proceedings

Article 144: Removal of President on grounds of incapacity

Article 145: Removal of President by impeachment

Article 146: Vacancy in the office of President

Article 147: Functions of the Deputy President

Article 148: Election and swearing-in of Deputy President

Article 149: Vacancy in the office of Deputy President

Article 150: Removal of Deputy President

Article 151: Remuneration and benefits of President and Deputy President

Part 3–The Cabinet

Article 152: Cabinet

Article 153: Decisions, responsibility and accountability of the Cabinet

Article 154: Secretary to the Cabinet

Article 155: Principal Secretaries

Part 4–Other offices

Article 156: Attorney-General

Article 157: Director of Public Prosecutions

Article 158: Removal and resignation of Director of Public Prosecutions

CHAPTER TEN

JUDICIARY
Part 2–Superior Courts

Article 159: Judicial authority

Article 160: Independence of the Judiciary

Article 161: Judicial offices and officers

Article 162: System of courts

Part 3–Subordinate courts

Article 163: Supreme Court

Article 164: Court of Appeal

Article 165: High Court

Article 166: Appointment of Chief Justice, Deputy Chief Justice and other judges

Article 167: Tenure of office of the Chief Justice and other judges

Article 168: Removal from office

Part 4–Judicial Service Commission

Article 169: Subordinate courts

Article 170: Kadhis- Courts

Article 171: Establishment of the Judicial Service Commission

Article 172: Functions of the Judicial Service Commission

Article 173: Judiciary Fund

CHAPTER ELEVEN

DEVOLVED GOVERNMENT
Part 1–Objects and principles of devolved government

Article 174: Objects of devolution

Article 175: Principles of devolved government

Part 2–County governments

Article 176: County governments

Article 177: Membership of county assembly

Article 178: Speaker of a county assembly

Article 179: County executive committees

Article 180: Election of county governor and deputy county governor

Article 181: Removal of a county governor

Article 182: Vacancy in the office of county governor

Article 183: Functions of county executive committees

Article 184: Urban areas and cities

Article 185: Legislative authority of county assemblies

Part 3–Functions and powers of county governments

Article 186: Respective functions and powers of national and county governments

Article 187: Transfer of functions and powers between levels of government

Part 4–The boundaries of counties

Article 188: Boundaries of counties

Part 5–Relationships between governments

Article 189: Cooperation between national and county governments

Article 190: Support for county governments

Article 191: Conflict of laws

Part 6–Suspension of county governments

Article 192: Suspension of county government

Article 193: Qualifications for election as member of county assembly

Article 194: Vacation of office of member of county assembly

Article 195: County assembly power to summon witnesses

Article 196: Public participation and county assembly powers, privileges and immunities

Article 197: County assembly gender balance and diversity

Article 198: County government during transition

Article 199: Publication of county legislation

Article 200: Legislation on Chapter

CHAPTER TWELVE

PUBLIC FINANCE
Part I–Principles and framework of public finance

Article 201: Principles of public finance

Article 202: Equitable sharing of national revenue

Article 203: Equitable share and other financial laws

Article 204: Equalisation Fund

Article 205: Consultation on financial legislation affecting counties

Part 2–Other public funds

Article 206: Consolidated Fund and other public funds

Article 207: Revenue Funds for county governments

Article 208: Contingencies Fund

Part 3–Revenue-raising powers and the public debt

Article 209: Power to impose taxes and charges

Article 210: Imposition of tax

Article 211: Borrowing by national government

Article 212: Borrowing by counties

Article 213: Loan guarantees by national government

Article 214: Public debt

Part 4–Revenue allocation

Article 215: Commission on Revenue Allocation

Article 216: Functions of the Commission on Revenue Allocation

Article 217: Division of revenue

Article 218: Annual Division and Allocation of Revenue Bills

Article 219: Transfer of equitable share

Part 5–Budgets and spending

Article 220: Form, content and timing of budgets

Article 221: Budget estimates and annual Appropriation Bill

Article 222: Expenditure before annual budget is passed

Article 223: Supplementary appropriation

Article 224: County appropriation Bills

Part 6–Control of public money

Article 225: Financial control

Article 226: Accounts and audit of public entities

Article 227: Procurement of public goods and services

Article 228: Controller of Budget

Article 229: Auditor–General

Article 230: Salaries and Remuneration Commission

Article 231: Central Bank of Kenya

CHAPTER THIRTEEN

THE PUBLIC SERVICE
Part 1–Values and principles of public service

Article 232: Values and principles of public service

Article 233: The Public Service Commission

Article 234: Functions and powers of the Public Service Commission

Article 235: Staffing of county governments

Article 236: Protection of public officers

Article 237: Teachers Service Commission

CHAPTER FOURTEEN

NATIONAL SECURITY
Part 1–National Security Organs

Article 238: Principles of national security

Article 239: National security organs

Article 240: Establishment of the National Security Council

Article 241: Establishment of Defence Forces and Defence Council

Article 242: Establishment of National Intelligence Service

Article 243: Establishment of the National Police Service

Article 244: Objects and functions of the National Police Service

Article 245: Command of the National Police Service

Article 246: National Police Service Commission

Article 247: Other police services

CHAPTER FIFTEEN

COMMISSIONS AND INDEPENDENT OFFICES

Article 248: Application of Chapter

Article 249: Objects, authority and funding of commissions and independent offices

Article 250: Composition, appointment and terms of office

Article 251: Removal from office

Article 252: General functions and powers

Article 253: Incorporation of commissions and independent offices

Article 254: Reporting by commissions and independent offices

CHAPTER SIXTEEN

AMENDMENT OF THIS CONSTITUTION

Article 255: Amendment of this Constitution

Article 256: Amendment by parliamentary initiative

Article 257: Amendment by popular initiative

CHAPTER SEVENTEEN

GENERAL PROVISIONS

Article 258: Enforcement of this Constitution

Article 259: Construing this Constitution

Article 260: Interpretation

CHAPTER EIGHTEEN

TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Article 261: Consequential legislation

Article 262: Transitional and consequential provisions

Article 263: Effective Date

Article 264: Repeal of previous constitution

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