CONSTITUTION OF KENYA, 2010 - National Museums of Kenya

1 LAWS OF KENYACONSTITUTION OF Kenya , 2010 Revised Edition 2012 [2010]Published by the National Council for Law Reportingwith the Authority of the [Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-03[Issue 1] CONSTITUTION OF KENYAARRANGEMENT OF ARTICLESPREAMBLECHAPTER ONE SOVEREIGNTY OF THE PEOPLE ANDSUPREMACY OF THIS of the of this of this TWO THE of the of and access to , official and other and symbols and National values and principles of THREE of and acquisition of by by of on FOUR THE BILL OF RIGHTSPART 1 GENERAL PROVISIONS RELATING TOTHE BILL OF and fundamental of Bill of of rights and fundamental of Bill of of courts to uphold and enforce the Bill of of rights or fundamental Rights and freedoms that may not be 2 RIGHTS AND FUNDAMENTAL to and freedom from of Kenya , 2010[Rev. 2012][Issue 1] and security of the , servitude and forced of conscience, religion, belief and of of the to of , demonstration, picketing and of movement and of right to and social and administrative to of arrested of persons detained, held in custody or 3 SPECIFIC APPLICATION OF of with and marginalised members of 4 STATE OF of 5 Kenya National HUMAN RIGHTSAND EQUALITY National Human Rights and Equality FIVE LAND AND ENVIRONMENTPART 1 of land of land.

2 [Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-05[Issue 1] by of land use and Land on 2 ENVIRONMENT AND NATURAL in respect of the of environmental relating to natural relating to the SIX LEADERSHIP AND of of office of State of State probity of State on activities of State and to establish the ethics and anti-corruption on SEVEN REPRESENTATION OF THE PEOPLEPART 1 ELECTORAL SYSTEM AND principles for the electoral on as a for election and political parties to comply with code of to stand as an independent 2 INDEPENDENT ELECTORAL AND BOUNDARIESCOMMISSION AND DELIMITATION OF ELECTORAL Electoral and Boundaries of electoral of party list 3 POLITICAL requirements for political on political EIGHT THE LEGISLATUREPART 1 ESTABLISHMENT AND ROLE OF of of of the National of the of Kenya , 2010[Rev.]

3 2012][Issue 1]C35-06 PART 2 COMPOSITION AND MEMBERSHIP OF of the National of the and disqualifications for election as member of of representation of marginalised of members of of of office of member of of of questions of 3 OFFICES OF and Deputy Speakers of in 4 PROCEDURES FOR ENACTING of legislative concerning county Bills concerning county Bills concerning county assent and into force of 5 PARLIAMENT S GENERAL PROCEDURES AND , privileges and access and to petition languages of in of and Standing to call for 6 of sittings of Service and staff of NINE THE EXECUTIVEPART 1 PRINCIPLES AND STRUCTURE OF THE National of executive National Executive.[Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-07[Issue 1]PART 2 THE PRESIDENT AND DEPUTY of the of the of of presidential powers during temporary of the of the and disqualifications for election as at presidential before assuming as to validity of presidential of office of of office of from legal of President on grounds of of President by in the office of of the Deputy and swearing-in of Deputy in the office of Deputy of Deputy and benefits of President and Deputy 3 THE , responsibility and accountability of the to the 4 OTHER of Public and resignation of Director of Public TEN JUDICIARYPART 1 JUDICIAL AUTHORITY AND LEGAL of the offices and of 2 SUPERIOR of of Kenya , 2010[Rev.

4 2012][Issue 1] of Chief Justice, Deputy Chief Justice and other of office of the Chief Justice and other from 3 SUBORDINATE 4 JUDICIAL SERVICE of the Judicial Service of the Judicial Service ELEVEN DEVOLVED GOVERNMENTPART 1 OBJECTS AND PRINCIPLES OF DEVOLVED of of devolved 2 COUNTY of county of a county executive of county governor and deputy county of a county in the office of county of county executive areas and authority of county 3 FUNCTIONS AND POWERS OF COUNTY functions and powers of National and county of functions and powers between levels of 4 THE BOUNDARIES OF of 5 RELATIONSHIPS BETWEEN between National and county for county of 6 SUSPENSION OF COUNTY of a county 7 for election as member of county of office of member of county assembly.[Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-09[Issue 1]

5 Assembly power to summon participation and county assembly powers, privileges and assembly gender balance and government during of county on TWELVE PUBLIC FINANCEPART I PRINCIPLES AND FRAMEWORK OF PUBLIC of public sharing of National share and other financial on financial legislation affecting 2 OTHER PUBLIC Fund and other public Funds for county 3 REVENUE-RAISING POWERS AND THE PUBLIC to impose taxes and of by National by guarantees by National 4 REVENUE on Revenue of the Commission on Revenue of Division and Allocation of Revenue of equitable 5 BUDGETS AND , content and timing of estimates and annual Appropriation before annual budget is appropriation 6 CONTROL OF PUBLIC and audit of public of public goods and of Kenya , 2010[Rev. 2012][Issue 1]C35-10 PART 7 FINANCIAL OFFICERS AND of and Remuneration Bank of THIRTEEN THE PUBLIC SERVICEPART 1 VALUES AND PRINCIPLES OF PUBLIC and principles of public 2 THE PUBLIC SERVICE Public Service and powers of the Public Service of county of public 3 TEACHERS SERVICE Service FOURTEEN National SECURITYPART 1 National SECURITY of National security of the National Security 2 THE Kenya DEFENCE of Defence Forces and Defence 3 THE National INTELLIGENCE of National Intelligence 4 THE National police of the National police and functions of the National police of the National police police Service police FIFTEEN COMMISSIONS ANDINDEPENDENT of , authority and funding of commissions and independent.

6 Appointment and terms of from functions and of commissions and independent by commissions and independent offices.[Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-11[Issue 1]CHAPTER SIXTEEN AMENDMENT OF THIS of this by parliamentary by popular SEVENTEEN GENERAL of this this EIGHTEEN TRANSITIONAL ANDCONSEQUENTIAL and consequential of previous SCHEDULE COUNTIESSECOND SCHEDULE National SYMBOLSTHIRD SCHEDULE National OATHS AND AFFIRMATIONSFOURTH SCHEDULE DISTRIBUTION OF FUNCTIONS BETWEENTHE National GOVERNMENT AND THECOUNTY GOVERNMENTSFIFTH SCHEDULE LEGISLATION TO BE ENACTED BYPARLIAMENTSIXTH SCHEDULE TRANSITIONAL AND CONSEQUENTIALPROVISIONS[Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-13[Issue 1] CONSTITUTION OF KENYAPREAMBLEWe, the people of Kenya ACKNOWLEDGING the supremacy of the Almighty God of all creation:HONOURING those who heroically struggled to bring freedom and justice toour land:PROUD of our ethnic, cultural and religious diversity, and determined to live inpeace and unity as one indivisible sovereign nation:RESPECTFUL of the environment, which is our heritage, and determined tosustain it for the benefit of future generations:COMMITTED to nurturing and protecting the well-being of the individual, thefamily, communities and the nation:RECOGNISING the aspirations of all Kenyans for a government based on theessential values of human rights, equality, freedom, democracy, social justice andthe rule of law.

7 EXERCISING our sovereign and inalienable right to determine the form ofgovernance of our country and having participated fully in the making of thisConstitution:ADOPT, ENACT and give this CONSTITUTION to ourselves and to our BLESS KENYAC onst2010 CONSTITUTION of Kenya , 2010[Rev. 2012][Issue 1]C35-14 CHAPTER ONE SOVEREIGNTY OF THE PEOPLEAND SUPREMACY OF THIS CONSTITUTION1. Sovereignty of the people(1) All sovereign power belongs to the people of Kenya and shall be exercisedonly in accordance with this CONSTITUTION .(2) The people may exercise their sovereign power either directly or throughtheir democratically elected representatives.(3) Sovereign power under this CONSTITUTION is delegated to the following Stateorgans, which shall perform their functions in accordance with this CONSTITUTION (a)Parliament and the legislative assemblies in the county governments;(b)the National executive and the executive structures in the countygovernments; and(c)the Judiciary and independent tribunals.

8 (4) The sovereign power of the people is exercised at (a)the National level; and(b)the county Supremacy of this CONSTITUTION (1) This CONSTITUTION is the supreme law of the Republic and binds all personsand all State organs at both levels of government.(2) No person may claim or exercise State authority except as authorised underthis CONSTITUTION .(3) The validity or legality of this CONSTITUTION is not subject to challenge by orbefore any court or other State organ.(4) Any law, including customary law, that is inconsistent with this Constitutionis void to the extent of the inconsistency, and any act or omission in contraventionof this CONSTITUTION is invalid.(5) The general rules of international law shall form part of the law of Kenya .(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenyaunder this Defence of this CONSTITUTION (1) Every person has an obligation to respect, uphold and defend thisConstitution.

9 (2) Any attempt to establish a government otherwise than in compliance withthis CONSTITUTION is TWO THE REPUBLIC4. Declaration of the Republic(1) Kenya is a sovereign Republic.[Rev. 2012] CONSTITUTION of Kenya , 2010 Const2010C35-15[Issue 1](2) The Republic of Kenya shall be a multi-party democratic State founded onthe National values and principles of governance referred to in Article Territory of KenyaKenya consists of the territory and territorial waters comprising Kenya on theeffective date, and any additional territory and territorial waters as defined by anAct of Devolution and access to services (1) The territory of Kenya is divided into the counties specified in the FirstSchedule.(2) The governments at the National and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation andcooperation.

10 (3) A National State organ shall ensure reasonable access to its services inall parts of the Republic, so far as it is appropriate to do so having regard to thenature of the National , official and other languages(1) The National language of the Republic is Kiswahili.(2) The official languages of the Republic are Kiswahili and English.(3) The State shall (a)promote and protect the diversity of language of the people of Kenya ;and(b)promote the development and use of indigenous languages, KenyanSign language, Braille and other communication formats andtechnologies accessible to persons with State and religionThere shall be no State National symbols and National days(1) The National symbols of the Republic are (a)the National flag;(b)the National anthem;(c)the coat of arms; and(d)the public seal.(2) The National symbols are as set out in the Second Schedule.