KENYAN CONSTITUTION

CHAPTER ONE

SOVEREIGNITY OF THE PEOPLE & SUPREMACY OF THIS CONSTITUTION

ARTICLE 1

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

(2) The people may exercise their sovereign power either directly or through their democratically elected representatives

CHAPTER TWO

THE REPUBLIC

Article 4

(1) Kenya is a sovereign Republic.

(2) 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.

CHAPTER THREE

CITIZENSHIP

Article 12

 

(1) Every citizen is entitled to––

(a) the rights, privileges and benefits of citizenship, subject to

the limits provided or permitted by this Constitution; and

CHAPTER FOUR

THE BILL OF RIGHTS

Part 1—General Provisions relatinG to the Bill of rights

ARTICLE 19. Rights and fundamental freedoms

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

(2) 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.

CHAPTER FIVE

LAND AND ENVIRONMENT

 

Part 1—land

ARTICLE 60. Principles of land policy.

(1) 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— (a) equitable access to land;

(b) security of land rights;

CHAPTER SIX

LEADERSHIP AND INTEGRITY

 

Article 73. Responsibilities of leadership.

(1) Authority assigned to a State officer—

(a) is a public trust to be exercised in a manner that—

(i) is consistent with the purposes and objects of this Con- stitution;

(ii) demonstrates respect for the people;

(iii) brings honour to the nation and dignity to the office;

and

 

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Part 1––electoral system and Process

ARTICLE 81. General principles for the electoral system.

The electoral system shall comply with the following principles––

(a) freedom of citizens to exercise their political rights under

Article 38;

(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;

(c) fair representation of persons with disabilities;

CHAPTER EIGHT

THE LEGISLATURE

Part 1—establishment and role of Parliament

ARTICLE 93. Establishment of Parliament

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

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

CHAPTER NINE

THE EXECUTIVE

Part 1—PrinciPles and structure of the national executive

 

Article 129. Principles of executive authority.

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

(2) 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.

 

 

CHAPTER TEN

JUDICIARY

 

Part 1—Judicial authority and legal system

  1. (1) 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.

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

(a) justice shall be done to all, irrespective of status; (b) justice shall not be delayed;

(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);

CHAPTER ELEVEN

DEVOLVED GOVERNMENT

 

Part 1—obJects and Principles of devolved Government

ARTICLE 174. Objects of devolution.

The objects of the devolution of government are— (a)  to promote democratic and accountable exercise of

power;

(b) to foster national unity by recognising diversity;

(c) to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;

 

CHAPTER TWELVE

PUBLIC FINANCE

Part i—Principles and framework of Public finance

ARTICLE 201. Principles of public finance

The following principles shall guide all aspects of public

finance in the Republic—

(a) there shall be openness and accountability, including public

participation  in financial matters;

(b) the public finance system shall promote an equitable society,

and in particular—

(i) the burden of taxation shall be shared fairly;

(ii) revenue raised nationally shall be shared equitably among national and county governments; and

CHAPTER THIRTEEN

THE PUBLIC SERVICE

 

Part 1—values and PrinciPles of PuBlic service

 

ARTICLE 232. Values and principles of public service.

 (1) The values and principles of public service include— (a) high standards of professional ethics;

(b) efficient, effective and economic use of resources;

(c) responsive, prompt, effective, impartial and equitable provision of services;

(d) involvement of the people in the process of policy making;

 

CHAPTER FOURTEEN

NATIONAL SECURITY

 

Part 1—national security organs

ARTICLE 238. Principles of national security.

(1) National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.

(2) The national security of Kenya shall be promoted and guaranteed in accordance with the following principles––

(a) national security is subject to the authority of this

Constitution and Parliament;

 

CHAPTER FIFTEEN

COMMISSIONS AND INDEPENDENT OFFICES

 

ARTICLE 248. Application of Chapter.

 (1) This Chapter applies to the commissions specified  in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise.

(2) The commissions are—

( a )  the  Kenya  National  Human  Rights  and  Equality

Commission;

(b) the National Land Commission;

(c) the Independent Electoral and Boundaries Commission; (d) the Parliamentary Service Commission;

CHAPTER SIXTEEN

AMENDMENT OF THIS CONSTITUTION

 

ARTICLE 255. Incorporation of commissions and independent offices.

(1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters—

(a) the supremacy of this Constitution; (b) the territory of Kenya;

(c) the sovereignty of the people;

CHAPTER SEVENTEEN

GENERAL PROVISIONS

 

.ARTICLE 258. Enforcement of this Constitution

(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.

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

(a) a person acting on behalf of another person who cannot act in their own name;

(b) a person acting as a member of, or in the interest of, a group or class of persons;

(c) a person acting in the public interest; or

CHAPTER EIGHTEEN

TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

 

ARTICLE 261. Consequential legislation.

(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date.

(2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-thirds of all the members of the National Assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year.

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