Constitutional Summary
Constitutional Summary
CHAPTER 1
This article of the constitution talks about the sovereignty of the people and the power they have to
elect their representatives, at national, and at the county level. It recognizes the three organs of
government, parliament and executive and judiciary.
This article explores the power of the constitution, the fact that it binds all government and people. The
validity of the constitution is not under debate or challenge, and no one must exercise state authority
outside the constitution.
This article is similar to article 2, highlighting its power and its unchallengeable nature. Laws that are
inconsistent with the constitution are considered void. International laws, treaties and conventions
recognized by Kenya are part of the constitution.
CHAPTER 2
The sovereignty of Kenya and the democratic multi-party state status is emphasized in this article and
referenced in article 10.
The territory of Kenya is divided into counties and the county government and national government are
interdependent. State organs are liable to grant access to all parts of the republic.
The constitutional recognizes Swahili as the national language with English too as the official languages.it
recognizes the role of the state in protecting and promoting the language of the people of Kenya
including other indigenous languages.
The article recognizes the national flag, anthem, coat of arms, public seal, national days.
This act states that the state shall recognize and promote indigenous cultures and technology and
protect the intellectual property of Kenya. The parliament shall protect the people’s culture and ideas,
and property.
CHAPTER 3
The article recognizes that citizens are entitled to having national documents, and all the rights listed in
the constitution. The article also specifies the conditions under which one may be denied the rights and
documents.
The article outlines who a citizen is, various ways of acquiring citizenship and how one may lose it.
The article clarifies the criteria of being a Kenyan by birth, considering the descent of one’s parents, age
when discovered in Kenya, whether they are born in or outside Kenya, and their current status of
citizenship.
The article clarifies the criteria of being a registered citizen, considering factors like marriage, duration of
residence, adoption, and other factors.
The article outlines the conditions under which one may lose citizenship, both of birth and registration.
Including false acquisition of citizenship, treason, fighting for the enemy, punishable criminal offence.
Citizenship by birth can also be revoked if it was acquired by fraud, and if it doesn’t satisfy the
requirements mentioned in article 14.
The article outlines the power the parliament has over granting and revoking citizenship.it grants the
parliament the power to govern entry, clarify status of residents, voluntary renunciation provisions,
revocation procedures, citizen rights and duties, enacting the entire chapter.
The article mentions the importance of the bill of rights and its major purposes of protecting human
dignity and preserving freedom.it outlines the limitation of the bill of rights and the criteria of its
inclusiveness and application.
The article talks about the extent to which the state will go to uphold, apply and interpret the bill of
rights, including safeguarding fundamental freedoms, promoting values of a democratic society, The
article also provides for a situation where the state can’t provide the human rights identified in the
article.
The article recognizes the role of the state in upholding the fundamental human rights, it also outlines
minority groups that need to be paid special attention.
The article provides for situations where one’s rights have been violated and permits initiation of court
proceedings for an individual or a group, the article also dictates court behavior during such a situation.
Authority of courts to uphold and enforce the bill of rights (ARTICLE 23)
The article allows the high court to address any infringement of the bill of rights, or to classify an action
in correspondence with the bill. The parliament is obligated to set jurisdictions that will govern the
courts in addressing human rights issues.
The article stipulates the factors that need to be taken into consideration before limiting any article of
the bill of rights, including the nature of fundamental freedom, importance of the limitation, nature of
the limitation, relation between the limitation and its purpose and many others. A party seeking
limitation of the bill of rights shall present justification to a court or a tribunal. The following provisions
may be overlooked if the overlooking party is working in favor of the Kenyan defense forces and national
police services as stipulated by the constitution.
The article highlights the rights that may not be limited under any provision in the constitution, including
freedom from torture, slavery, right to fair trial, and the right to order a habeas corpus.
The article outlines the right to life and takes a stance on abortion and the beginning of life.it sets the
consequences under which abortion may be lawful.
The article recognizes the fact that everyone has a right to human dignity its respect and protection.
Clauses in this article specify the extent of personal freedom and the right not to be deprived of this
freedom unless in correspondence with the constitution.it prohibits torture, physical or psychological,
violence and cruel punishment.
The article states that everybody has the right to privacy of property, information and communication.
Clauses in this article outline the rights to conscience, religion, belief, opinion, in public and in private.it
prohibits denying the above rights, or acting in a way that is contrary to another person’s belief.
Clauses in this article permit freedom of expression, creativity, scientific research. It limits freedom of
expression on propaganda, inciting violence and hate speech.
The constitution allows freedom of various forms of media, apart from the exceptions granted in the
previous article.it restricts the government from penalizing or restricting the media and media officials.it
also states that state owned media shall be independent and the parliament ought to enact legislation
to ensure this.
Clauses in this article allow every citizen to access any information that benefits them, or delete any
information that affects them negatively.it also gives the state authority to publish information for
public benefit,
This article offers the public freedom to join any association and to decline registration to any
association they don’t desire.
The article allows people to peaceably assemble and present petitions to public authorities.
Political rights (ARTICLE 38)
Every citizen free to make political choices i.e., form political parties participate in political party
activities, and campaign. The article also states that every citizen has the right to free and fair
elections.it specifies voting rights held by the public, and the governments obligation to enable them to
exercise these rights.
Every citizen has freedom of residence, and departure anywhere in Kenya and outside Kenya.
This article guarantees the right to own property and protects individuals from unlawful deprivation of
their property.it recognizes the right of every person to individually and collectively own property.it
refuses anyone from depriving the citizens of their property. The article also recognizes community land
ownership and safeguards the rights of marginalized communities.it allows the government to enact
legislation and implement policies that protect the people and their land.
Article 41 focuses on the labor rights and the right to fair labor practices including the right to fair labor
practices fair renumeration, reasonable working hours etc.it also recognizes the right to form trade
unions, the right to go on strike and protection against unfair treatment.
Article 42 gives people the right to a clean environment in order to keep the environment safe for the
future generation.
The article dictates that every person has the right to attain the highest standard of educational
attainable in Kenya, to access housing, free from hunger, clean and safe water, and social security.
Every person has the right to use their language and to practice their culture, a person belonging to a
certain culture has the right to enjoy the use of their language, join and maintain cultural and linguistic
associations, and many others. A person shall not compel another person to perform any cultural right.
The constitution recognizes the family as the fundamental unit of society.it allows every adult to marry
the person of the opposite sex and to dissolve the marriage if they wish to with equal rights. The
parliament shall enact legislation that accepts governs the functioning of families.
Consumers have the right to goods of reasonable quality, information about goods and services,
protection of their health and compensation for loss or injury. Parliament shall enact legislation to allow
consumer protection and decent advertising.
Fair administrative action (ARTICLE 47)
Every person has the right to fair administration that does not encroach fundamental rights. Parliament
shall enact laws to give effect to the rights mentioned above.
The state shall ensure access to justice for all persons at a fee regarded as reasonable.
An arrested person has the right to be informed promptly in language that he understands about the
arrest, the reason for arrest, the right to remain silent and the consequences of not remaining silent, to
communicate with an advocate, not to be compelled to make any confession, to be held separately from
other prisoners. The person has the right to appear before a court before the times show by the
constitution.
Article 50 of the Kenyan constitution guarantees the right to a fair hearing, it ensures that every person
has the right too have their dispute resolved by an independent and impartial court or tribunal. The
article outlines key elements including being informed of charges legal representation, cross
examination, interpretation and many others.
A person detained or held in custody retains all the fundamental rights except to the extent specified in
the bill of rights. The article recognizes habeus corpus and allows the legislation to provide for humane
treatment of prisoners.
This article establishes principles regarding land ownership as use .it emphasize equitable access,
sustainable utilization andconversation.it recognizes community land rights, safeguards against unlawful
acquisition and promotes transparency in land administration. The article aims to foster social, justice,
economic development and environmental preservation.
The article recognizes that Kenyan land is owned by the Kenyan people and can be classified as private
or public.
The article addresses public land designating it as government property held in trust for citizens. The
article clearly defines all public land on sea and on land.it prohibits its transfer to private ownership,
protects it from illegal acquisition and promotes its sustainable use for public benefit. The article
emphasizes transparency in managing and administering public land.
This is land registered and held by a person under free holder tenure, leasehold tenure and land
declared private by an act of parliament.
The Kenyan law regulates land holding by non-citizens limiting their ownership to leasehold interests for
a maximum of 99 years.it prohibits ownership of agricultural land and sets restrictions to safe guard
against unauthorized acquisition The article aims to protect national interests while allowing non-
citizens to use land under the boundaries specified by the constitution.
The state may regulate the use of any land in the interest of public safety, defense and other specified
occurrences in the constitution.it allows the parliament to enact laws corroborating this article.
The constitution recognizes the role of the national land commission in administering public land,
overseeing equitable use of the land, the NLC prohibits unlawful acquisition and emphasizes
transparency in land matters and resolves land disputes .
Legislation on land
The legislation on land emphasizes the role of the Kenyan parliament in revising, consolidating and
rationalizing existing land laws. Prescribing land acreage and regulating the manner in which land may
shift from one category to another.to protect all the interests of any minority groups or parties that may
be cheated of land.
The Kenyan constitution on this part imposes obligations concerning the environment, emphasizing
sustainable utilization of natural resources, conservation and protection of the environment.it mandates
the citizens too, to safeguard and enhance the environment and the state to take measures to prevent
pollution.
The article ensures the enforcement of environmental rights by allowing citizens to access the courts to
seek, redress for environmental violationnns.it empowers the judiciary to protect these rights, hold
accountable those who harm the environment and issue appropriate remedies and penalties as
specified under the constitution.
the Kenyan constitution outlines the responsibilities of a leader, emphasizing adherence to the rule of
law, national unity, promotion of inclusivity, integrity and accountability in governance for the benefit of
the people.
The article states that before assuming office a state officer shall take the oath of affirmation.
a state officer shall behave whether in public or in official life with other people in a manner that avoids
any conflict, public or official interest, the meaning the office. A person who defies the above clauses
shall be subjected to disciplinary procedure, dismissed from holding any other state office.
this article dictates the behavior of state officers and donations. Each prevents a state officer from
maintaining a bank account outside Kenya that is unknown to the parliament or seeking a personal loan
that compromises the state's integrity.
Clauses in this article dictate the behavior of state officers outside state office. Each prohibits office in
political parties, concurrent remunerative positions in state owned companies.
this article specifies on who can become a leader in Kenya exempting non-citizens, except in offices of
judges and members of commissions.
Parliament shall enact legislation to establish independent ethics and anti-corruption commissions.
the article states that parliament shall enact legislation establishing procedures and mechanism for
effective administration of this chapter prescribing penalties, providing for the application, making any
other necessary provisions.
Chapter 7 representation of the people
general principles for the electoral system (ARTICLE 81)
this article shall allow citizens to exercise their political rights, the two thirds rule, fair representation of
the disabled, universal suffrage based on aspiration, free and fair elections by ballot, free from violence,
conducted by an independent body, transparent, administered in an impartial and efficient manner.
the article allows parliament to enact legislation to provide for the election and appointment of
independent electoral commissions, the nomination of candidates, registration of citizens, conduct of
elections. The legislation should ensure that elections are simple, transparent, check and take into the
account special needs people.
a person qualifies for registration as a voter if they are an adult, not declared to be of unsound mind, has
not been convicted of an election offense. The article dictates number of registration and administrative
arrangements for voter registration.
Candidates for election and political parties to comply with code of conduct (ARTICLE 84)
candidates of all political parties shall comply with the code of conduct prescribed by the independent
Electoral Commission.
the article dictates on who can stand as an independent candidate considering that the that the party is
not a member of any registered political party and satisfies the requirements of article 99 and article
193.
the article outlines the role of the independent Electoral Commission during election expecting it to
ensure a simple accurate verifiable voting method, foods are counted tabulated by the presiding officer
at each polling station, results from each polling stations are openly and accurately collated, appropriate
mechanisms to detect election malpractice are identified.
parliament shall enact legislation to establish mechanisms for settling electoral disputes petitions
concerning elections.
the article provides for the creation of an independent electoral and boundaries Commission. A person
may not be eligible for the Commission if they do not satisfy criteria mission by the constitution. The
Commission is responsible for conducting or supervising referenda and elections or to any elective body
office established by this constitution.
clauses in this article states that the constitution must allocate party list seats to ensure a proportional
representation. Political parties are required to submit particular lists with nominees for special seats,
which are then assigned based on the total votes each party receives. This aims to enhance diversity and
inclusivity in the legislature.
this article outlines basic requirements for political parties, including adhering to democratic principles,
promoting national values, upholding the rule of law. Parties must have a national character, not be
based on a single community, and must allow members to participate in the decision-making process.
clauses in this constitution provide for legislation and political parties, which includes regulations on
their formation, organization, and functioning. The law governs party financing, internal democracy, and
accountability. Political parties are required to adhere to the stipulated rules and comply with the
electric code of conduct to maintain their legal status.
this constitution states that the role of the parliament is to pass laws, approve budgets, scrutinize
government policies and programs. It exercises oversight over the executive and other state organs to
ensure transparency, accountability, protections of citizens and rights.
closes in this article say that the National Assembly represents the people of Kenya and exercises
legislative authority. The assembly also has roles including debating, passing bills, approving national
expenditure, and initiating inquiries into issues of public concern.
the Senate represents the counties of Kenya and sift gets their interests and the devolution system. It
plays a vital role in the equitable sharing of revenue among countries and insurers that devolved
governments operate efficiently. The Senate reviews and proposes changes to legislation concerning
devolution and represents Kenya’s counties at a national level.
Membership of the National Assembly (ARTICLE 97) the National Assembly should comprise elected
representatives from constituencies, and special seats for women, youth, and persons with disabilities,
providing A diverse and inclusive legislative body.
the Senate should comprise elected senators representing counties and women, ensuring equitable
representation and protection of the devolution interests.
this article states that one must be a registered voter, meet specific age and education criteria.
Disqualification might be caused by bankruptcy and certain criminal convictions.
special seats are allocated for women, youth, and persons with disabilities to promote their
representations of underrepresented groups in parliament.
this should be conducted through regular elections and by elections as needed, using a first past the
post system for constituencies and proportional representation for special seats.
the National Assembly and the Senate each have a term of five years, with elections being held within 60
days of the end of the term.
clauses in this article that if a member resigns, is disqualified, or absent from the parliamentary seating
for specified period without permission.
electorate can recall their member of parliament repetition if the member fails to fulfill their duties
effectively.
parliament decides on issues related to the qualification, elections and vacation of member’s offices,
ensuring fairness and due processes.
this article states that speakers and deputy speakers are elected by members of respective houses to
present over proceedings and maintain order.
presiding in parliament (ARTICLE 108) the speaker or deputy speaker presides over debates ensuring
orderly discussions, and impartially decides on parliamentary procedures.
party leaders in parliament, leaders of political parties represent party interests, coordinate activities,
and promote cohesion among members.
Parliament exercises legislative power by debating, amending, and passing bills into law, shaping
national policies.
legislation impacting county governments requires public participation and approval by the state
special bills concerning county governments (ARTICLE 111) this address specific county matters,
necessitating public participation and approval from affected counties assemblies.
this requires the Senate approval and do not necessitate public participation in county assemblies.
in case of disagreements between houses over bills, mediation committees facilitate resolution through
joint settings.
this involves proposed taxation, government expenditure, all loans, exclusively originating in the
National Assembly, requiring Senate consultation.
the president can assent to bills or refer them to parliament for reconsideration.
coming into force of laws (ARTICLE 116) Lowe's take effect on the date specified or if not after 14 days
of publication in the media.
members of parliament have specified powers, immunities, and certain privileges to carry out their
various functions without any interference.
this article states that parliament proceedings and records are accessible to the public because this
promotes transparency and engagement with the citizens.
citizens have the right to petition the parliament on matters of public interest, seeking redress or
intervention.
the minimum number of members required to conduct parliamentary business is 1/3 of the total
membership of the entire parliament.
decisions are made through a majority vote, except for very special matters which require a higher
threshold.
some decisions in the Senate are by a majority of votes of the members currently present, and the
speaker has no casting vote.
this committee manages parliamentary business, ensuring adherence to the rules and procedures of
parliamentary procedures.
parliament and its committees can someone witnesses and require evidence on certain matters of
interest.
the president designates the location of deaths of parliamentary settings. Each house has a
parliamentary Service Commission to manage administrative and service matters. Each house has a clerk
and a parliamentary Service Commission employs staff to assist in parliamentary duties.
Article 128 discusses the appointment of Clerks for each House of Parliament.
Article 129 emphasizes that executive authority must align with the Constitution and serve the people's
well-being.
Article 130 defines the National Executive, comprising the President, Deputy President, and Cabinet,
reflecting diversity.
Article 131 elaborates on the President's authority, roles, and responsibilities, emphasizing
constitutional adherence and national unity.
Article 132 outlines the President's functions, which range from addressing Parliament to declaring a
state of emergency.
Article 133 introduces the President's power of mercy, subject to an Advisory Committee and legal
criteria.
Article 134 restricts certain presidential powers during specific periods, like elections or temporary
absence.
Article 135 mandates that the President's decisions be documented, bearing the President's seal and
signature.
Article 136 describes the process of electing the President, typically every five years, with provisions for
special circumstances.
Article 137 sets qualifications for presidential candidates, including citizenship and nomination
requirements.
Article 138 details the procedure for presidential elections, including vote thresholds and rules.
Article 139 outlines procedures in the event of the death of the President-elect or Deputy President-
elect before assuming office.
Article 140 specifies that the Deputy President's office becomes vacant if the holder is no longer eligible
as a member of Parliament, requiring a by-election within ninety days.
The President can appoint a Cabinet Secretary to act as Deputy President when the Deputy President is
absent.
The Deputy President can be removed through a National Assembly resolution supported by at least
two-thirds of its members for gross misconduct or incapacity.
The Deputy President can resign by delivering a written resignation to the President.
The Deputy President assists the President and performs other duties assigned by the President.
The President can be removed through impeachment by the National Assembly for specific reasons.
The Deputy President assumes office after taking an oath administered by the Chief Justice.
The President may resign by delivering a written resignation to the Speaker of the National Assembly.
The Speaker of the National Assembly becomes acting President if both the President and Deputy
President are unable to assume office.
Article 150: Vacancy in President-elect's Office
A new presidential election is held if the President-elect dies or is unable to assume office.
The Speaker of the National Assembly acts as Deputy President if the Deputy President-elect dies or is
unable to take office.
The President appoints Cabinet Secretaries and other key officials, each with specific responsibilities
within the government.
Orders and instruments issued by the President must be in writing, bear the President's seal and
signature, and be published in the Gazette.
The judiciary must promote alternative dispute resolution mechanisms, such as reconciliation and
traditional dispute resolution, subject to the Constitution and the law.
Judicial authority is derived from the people and vests in the judiciary.
Courts have the authority to interpret and apply the Constitution, protect and uphold the rule of law, and
promote justice.
The judiciary is independent and subject only to the Constitution and the law.
The Chief Justice, judges, and judicial officers must uphold the Constitution and the law impartially and
without bias.
There is a Judicial Service Commission responsible for the appointment, promotion, and discipline of
judges and judicial officers.
Courts have jurisdiction over all matters in Kenya, including constitutional and legal matters.
There is a Supreme Court with the authority to hear and determine presidential election petitions,
among other matters.
The Supreme Court consists of the Chief Justice, Deputy Chief Justice, and five other judges.
It has jurisdiction to hear and determine important constitutional and legal issues.
There is a Court of Appeal with jurisdiction to hear and determine appeals from the High Court and other
bodies.
The Court of Appeal consists of the President, Deputy President, and other judges.
There is a High Court with jurisdiction to hear and determine various matters, including constitutional
petitions.
The High Court consists of various judges with jurisdiction over different matters.
There is an Environment and Land Court with jurisdiction over environmental and land disputes.
Subordinate courts, including magistrates' courts, are established to handle less complex cases.
Judges serve until the retirement age, subject to conditions outlined in the Constitution.
Judges can be removed for gross misconduct or incapacity through a tribunal process.
County governments have limited judicial authority, primarily related to local disputes.
Access to justice, including legal aid for those who cannot afford it, is a constitutional right.
Article 178: Public access to court proceedings
Article 179: Chief Justice, Deputy Chief Justice, and Principal Judge of the High Court
The Public Service Commission is responsible for public service recruitment and discipline.
The National Land Commission manages public land and recommends land policy.
The Judicial Service Commission is responsible for the judiciary's staffing and discipline.
The Commission on Revenue Allocation advises on the allocation of national and county government
revenues.
This commission promotes national unity and addresses ethnic and racial discrimination.
Article 199: The Commission for the Control of Drugs and Substance Abuse
This commission is responsible for the staffing and discipline of the judiciary.
Article 215: The Commission for the Control of Drugs and Substance Abuse
This commission is responsible for the staffing and discipline of the judiciary.
Article 231: The Commission for the Control of Drugs and Substance Abuse
This commission is responsible for the staffing and discipline of the judiciary.
The President may establish other commissions as needed for good governance.
Establishes the Public Service as a unified entity for the national government.
Establishes the Public Service Commission to oversee the recruitment, appointment, and terms of service
for public officers.
Separates the public service into the national government and county governments, each with its own
Public Service Commission.
Outlines the functions of the Public Service Commission in overseeing the public service.
Provides for the political rights of public servants and teachers, allowing them to be members of political
parties but with certain restrictions.
Lists the values and principles that govern public service, including transparency, accountability, and
participation.
Requires State officers to uphold high standards of integrity and ethics in their conduct.
Details the process for the removal of State officers on grounds of gross misconduct.
Specifies the powers and functions of commissions and independent offices established under the
Constitution.
Contains general provisions related to commissions and independent offices, including the appointment
and removal of their members.
Establishes the National Police Service to provide for the security and safety of Kenyans.
Provides for the appointment and functions of the Inspector-General of the National Police Service.
Establishes the Kenya Defence Forces and other national security organs, outlining their roles and
functions.
Contains general provisions regarding the security organs, including the principles of civilian authority
over the military.
Requires legislation to be enacted to give effect to Chapter Fourteen of the Constitution, which covers
national security.
Requires legislation to be enacted to give effect to Chapter Fifteen of the Constitution, which covers
commissions and independent offices.
Authorizes Parliament to establish the necessary legislation for the establishment and functioning of
commissions and independent offices.
Article 263: Financial independence of commissions
Ensures the financial independence of commissions to carry out their functions effectively.
Lists the national values and principles of governance that guide all State organs and officers.