Constitution of Kenya - 2010.pdf

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LAWS OF KENYA
T
he
C
onsTiTuTion of
K
enya
Revised Edition 2010
Published by the National Council for Law Reporting
with the Authority of the Attorney General
2
Constitution of Kenya
[Rev.
2010
THE CONSTITUTION OF KENYA
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER ONE—SOVEREIGNTY OF THE PEOPLE AND
SUPREMACY OF THIS CONSTITUTION
1—Sovereignty of the people.
2—Supremacy of this Constitution.
3—Defence of this Constitution.
CHAPTER TWO—THE REPUBLIC
4—Declaration of the Republic.
5—Territory of Kenya.
6—Devolution and access to services.
7—National, official and other languages.
8—State and religion.
9—National symbols and national days.
10—National values and principles of governance.
11—Culture.
CHAPTER THREE—CITIZENSHIP
12—Entitlements of citizens.
13—Retention and acquisition of citizenship.
14—Citizenship by birth.
15—Citizenship by registration.
16—Dual citizenship.
17—Revocation of citizenship.
18—Legislation on citizenship.
CHAPTER FOUR—THE BILL OF RIGHTS
P
art
1—G
eneral
P
rovisions
r
elatinG to the
B
ill of
r
iGhts
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.
Rev. 2010]
Constitution of Kenya
P
art
2—r
iGhts and
f
undamental
f
reedoms
3
26—Right to life.
27—Equality and freedom from discrimination.
28—Human dignity.
29—Freedom and security of the person.
30—Slavery, servitude and forced labour.
31—Privacy.
32—Freedom of conscience, religion, belief and opinion.
33—Freedom of expression.
34—Freedom of the media.
35—Access to information.
36—Freedom of association.
37—Assembly, demonstration, picketing and petition.
38—Political rights.
39—Freedom of movement and residence.
40—Protection of right to property.
41—Labour relations.
42—Environment.
43—Economic and social rights.
44—Language and culture.
45—Family.
46—Consumer rights.
47—Fair administrative action.
48—Access to justice.
49—Rights of arrested persons.
50—Fair hearing.
51—Rights of persons detained, held in custody or imprisoned.
P
art
3—s
Pecific
a
PPlication of
r
iGhts
52—Interpretation of Part.
53—Children.
54—Persons with disabilities.
55—Youth.
56—Minorities and marginalised groups.
57—Older members of society.
P
art
4—s
tate of
e
merGency
58—State of emergency.
P
art
5—K
enya
n
ational
h
uman
r
iGhts and
e
quality
c
ommission
59—Kenya National Human Rights and Equality Commission.
4
Constitution of Kenya
P
art
1—l
and
60—Principles of land policy.
61—Classification of land.
62—Public land.
63—Community land.
64—Private land.
65—Landholding by non-citizens.
66—Regulation of land use and property.
67—National Land Commission.
68—Legislation on land.
[Rev.
2010
CHAPTER FIVE—LAND AND ENVIRONMENT
P
art
2— e
nvironment and
n
atural
r
esources
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.
75—Conduct 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.
80—Legislation on leadership.
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE
P
art
1—e
lectoral
s
ystem and
P
rocess
81—General principles for the electoral system.
82—Legislation on elections.
83—Registration as a voter.
84—Candidates for election and political parties to comply with
code of conduct.
85—Eligibility to stand as an independent candidate.
86—Voting.
87—Electoral disputes.
Rev. 2010]
Constitution of Kenya
5
P
art
2—i
ndePendent
e
lectoral and
B
oundaries
c
ommission and
d
elimitation of
e
lectoral
u
nits
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.
CHAPTER EIGHT—THE LEGISLATURE
P
art
1—e
staBlishment and
r
ole of
P
arliament
93—Establishment of Parliament.
94—Role of Parliament.
95—Role of the National Assembly.
96—Role of the Senate.
P
art
2—c
omPosition and
m
emBershiP of
P
arliament
97—Membership of the National Assembly.
98—Membership of the Senate.
99—Qualifications and disqualifications for election as member
of Parliament.
100—Promotion of representation of marginalised groups.
101—Election of members of Parliament.
102—Term of Parliament.
103—Vacation of office of member of Parliament.
104—Right of recall.
105—Determination of questions of membership.
P
art
3—o
ffices of
P
arliament
106—Speakers and Deputy Speakers of Parliament.
107—Presiding in Parliament.
108—Party leaders.
P
art
4—P
rocedures for
e
nactinG
l
eGislation
109—Exercise of legislative powers.
110—Bills concerning county government.
111—Special Bills concerning county governments.
112—Ordinary Bills concerning county governments.
113—Mediation committees.
114—Money Bills.
115—Presidential assent and referral.
116—Coming into force of laws.
P
art
3—P
olitical
P
arties

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