PREAMBLE

We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of all creation:

HONOURING those who heroically struggled to bring freedom and justice to our land:

PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:

RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:

COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:

RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:

EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:

ADOPT, ENACT and give this Constitution to ourselves and to our future generations.

GOD BLESS KENYA

CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION

1. Sovereignty of the People

(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. (3) Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution—

• Parliament and the legislative assemblies in the county governments;
• The national executive and the executive structures in the county governments; and
• The Judiciary and independent tribunals.

(4) The sovereign power of the people is exercised at—

• the national level; and
• the county level.

2. Supremacy of this Constitution

(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. (2) No person may claim or exercise State authority except as authorised under this Constitution. (3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ. (4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of 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 Kenya under this Constitution.

3. Defence of this Constitution

(1) Every person has an obligation to respect, uphold and defend this Constitution. (2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

CHAPTER TWO – THE REPUBLIC

4. Declaration of the Republic

(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.

5. Territory of Kenya

Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.

6. Devolution and access to services

(1) The territory of Kenya is divided into the counties specified in the First Schedule. (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 and cooperation. (3) A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

7. 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—

• promote and protect the diversity of language of the people of Kenya; and
• promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

8. State and religion

There shall be no State religion.

9. National symbols and national days

(1) The national symbols of the Republic are—

• the national flag;
• the national anthem;
• the coat of arms; and
• the public seal.

(2) The national symbols are as set out in the Second Schedule. (3) The national days are—

• Madaraka Day, to be observed on 1st June;
• Mashujaa Day, to be observed on 20th October; and
• Jamhuri Day, to be observed on 12th December.

(4) A national day shall be a public holiday. (5) Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.

10. National values and principles of governance

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—

• applies or interprets this Constitution;
• enacts, applies or interprets any law; or
• makes or implements public policy decisions.

(2) The national values and principles of governance include—

• patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
• human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
• good governance, integrity, transparency and accountability; and
• sustainable development.

11. Culture

(1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. (2) The State shall—

• promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;
• recognise the role of science and indigenous technologies in the development of the nation; and
• promote the intellectual property rights of the people of Kenya.

(3) Parliament shall enact legislation to—

• ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and
• recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya.

CHAPTER THREE – CITIZENSHIP

12. Entitlements of citizens

(1) Every citizen is entitled to—

• the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and
• a Kenyan passport and any document of registration or identification issued by the State to citizens.

(2) A passport or other document referred to in clause (1)(b) may be denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria referred to in Article 24.

13. Retention and acquisition of citizenship

(1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date. (2) Citizenship may be acquired by birth or registration. (3) Citizenship is not lost through marriage or the dissolution of marriage.

14. Citizenship by birth

(1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. (2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen. (3) Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya. (4) A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth. (5) A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

15. Citizenship by registration

(1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen. (2) A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen. (3) A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen. (4) Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries. (5) This Article applies to a person as from the effective date, but any requirements that must be satisfied before the person is entitled to be registered as a citizen shall be regarded as having been satisfied irrespective of whether the person satisfied them before or after the effective date, or partially before, and partially after, the effective date.

16. Dual citizenship

A citizen by birth does not lose citizenship by acquiring the citizenship of another country.

17. Revocation of citizenship

(1) If a person acquired citizenship by registration, the citizenship may be revoked if—

• the person acquired the citizenship by fraud, false representation or concealment of any material fact;
• the person has, during any war in which Kenya was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war;
• the person has, within five years after registration, been convicted of an offence and sentenced to imprisonment for a term of three years or longer; or
• the person has, at any time after registration, been convicted of treason, or of an offence for which—
  • a penalty of at least seven years imprisonment may be imposed; or
  • a more severe penalty may be imposed.

(2) The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14(4), may be revoked if—

• the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;
• the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or
• the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya.

18. Legislation on citizenship

Parliament shall enact legislation—

• prescribing procedures by which a person may become a citizen;
• governing entry into and residence in Kenya;
• providing for the status of permanent residents;
• providing for voluntary renunciation of citizenship;
• prescribing procedures for revocation of citizenship;
• prescribing the duties and rights of citizens; and
• generally giving effect to the provisions of this Chapter.

CHAPTER FOUR – THE BILL OF RIGHTS

PART 1 – General Provisions Relating to the Bill of Rights

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. (3) The rights and fundamental freedoms in the Bill of Rights—

(a) belong to each individual and are not granted by the State;

(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and

(c) are subject only to the limitations contemplated in this Constitution.

20. Application of Bill of Rights

(1) The Bill of Rights applies to all law and binds all State organs and all persons. (2) Every person shall enjoy the rights and fundamental freedoms to the greatest extent consistent with the nature of the right or fundamental freedom. (3) In applying a provision of the Bill of Rights, a court shall—

(a) develop the law to the extent that it does not give effect to a right or fundamental freedom; and

(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.

(4) In interpreting the Bill of Rights, a court, tribunal or other authority shall promote—

(a) the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and

(b) the spirit, purport and objects of the Bill of Rights.

(5) In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—

(a) it is the responsibility of the State to show that the resources are not available;

(b) in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom; and

(c) the court may not interfere with a State organ's decision solely because it would have reached a different conclusion.

21. Implementation of rights and fundamental freedoms

(1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. (2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43. (3) All State organs and public officers have the duty to address the needs of vulnerable groups in society. (4) The State shall enact and implement legislation to fulfil its international human rights obligations.

22. Enforcement of Bill of Rights

(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom has been denied, violated, infringed or is threatened. (2) Proceedings may be instituted by—

(a) a person acting in their own interest;

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

(c) a person acting as a member of a group or class;

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

(e) an association acting in the interest of its members.

(3) The Chief Justice shall make rules ensuring access and informality in these proceedings. (4) The absence of rules does not limit any person’s right to bring proceedings.

23. Authority of courts to uphold and enforce the Bill of Rights

(1) The High Court has jurisdiction to hear and determine applications for redress. (2) Parliament shall enact legislation to extend jurisdiction to subordinate courts. (3) A court may grant appropriate relief including—

(a) a declaration of rights;

(b) an injunction;

(c) a conservatory order;

(d) a declaration of invalidity of any law violating rights;

(e) an order for compensation; and

(f) an order of judicial review.

24. Limitation of rights and fundamental freedoms

(1) Rights may be limited only by law and to the extent reasonable and justifiable in a democratic society. (2) A provision limiting a right must—

(a) be specific and express its intent;

(b) state the nature and extent of the limitation;

(c) not derogate from the core content of the right.

(3) The burden of proof lies with the party seeking to justify the limitation. (4) Muslim law may qualify certain rights in personal law matters. (5) Certain rights may be limited for members of the armed forces and police, including Articles 31, 36, 37, 41, 43, and 49.

25. Fundamental Rights and freedoms that may not be limited

Despite any other provision, the following rights shall not be limited:

• freedom from torture and cruel, inhuman or degrading treatment or punishment;
• freedom from slavery or servitude;
• the right to a fair trial; and
• the right to an order of habeas corpus.

PART 2 – Rights and Fundamental Freedoms

26. Right to life

(1) Every person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law. (4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

27. Equality and freedom from discrimination

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. (3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. (4) The State shall not discriminate directly or indirectly against any person on any ground, including:

race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

(5) A person shall not discriminate against another on any of these grounds. (6) The State shall take legislative and other measures, including affirmative action programmes, to redress disadvantages caused by past discrimination. (7) Any such measures shall be based on genuine need. (8) The State shall ensure that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

28. Human dignity

Every person has inherent dignity and the right to have that dignity respected and protected.

29. Freedom and security of the person

Every person has the right to freedom and security, including the right not to be—

• deprived of freedom arbitrarily or without just cause;
• detained without trial, except during a state of emergency;
• subjected to any form of violence;
• subjected to torture in any manner;
• subjected to corporal punishment; or
• treated or punished in a cruel, inhuman or degrading manner.

30. Slavery, servitude and forced labour

(1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.

31. Privacy

Every person has the right to privacy, including the right not to have—

• their person, home or property searched;
• their possessions seized;
• information relating to their private affairs unnecessarily required or revealed; or
• the privacy of their communications infringed.

32. Freedom of conscience, religion, belief and opinion

(1) Every person has the right to freedom of conscience, religion, thought, belief and opinion. (2) Every person may manifest religion or belief through worship, practice, teaching or observance. (3) No person may be denied access or rights because of belief or religion. (4) No person shall be compelled to act contrary to their belief or religion.

33. Freedom of expression

(1) Every person has the right to freedom of expression, including—

(a) freedom to seek, receive or impart information or ideas;

(b) freedom of artistic creativity;

(c) academic freedom and scientific research.

(2) This right does not extend to—

(a) propaganda for war;

(b) incitement to violence;

(c) hate speech; or

(d) advocacy of hatred that—

(i) constitutes ethnic incitement or vilification; or

(ii) is based on discrimination.

(3) Every person shall respect the rights and reputation of others.

34. Freedom of the media

(1) Freedom and independence of media is guaranteed. (2) The State shall not—

• exercise control over or interfere with the media; or
• penalise any person for views or content.

(3) Licensing procedures must be—

(a) necessary for regulation; and

(b) independent of government, political or commercial interests.

(4) State-owned media shall—

• be free and impartial;
• provide fair opportunity for divergent views.

(5) Parliament shall enact laws to establish an independent media body.

35. Access to information

(1) Every citizen has the right to access—

• information held by the State;
• information required to exercise or protect any right.

(2) Every person has the right to correction or deletion of false or misleading information. (3) The State shall publish and publicise important information.

36. Freedom of association

(1) Every person has the right to freedom of association. (2) No one shall be compelled to join an association. (3) Laws requiring registration must—

• not unreasonably withhold or withdraw registration;
• provide for fair hearings in case of cancellation.

37. Assembly, demonstration, picketing and petition

Every person has the right, peaceably and unarmed, to assemble, demonstrate, picket and petition public authorities.

38. Political rights

(1) Every citizen has the right to—

• form or participate in forming a political party;
• participate in party activities or recruit members;
• campaign for a party or cause.

(2) Every citizen has the right to free, fair, regular elections based on universal suffrage. (3) Every adult citizen has the right to—

• be registered as a voter;
• vote by secret ballot;
• be a candidate and, if elected, to hold office.

39. Freedom of movement and residence

(1) Every person has the right to freedom of movement. (2) Every person has the right to leave Kenya. (3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.

40. Protection of right to property

(1) Every person has the right to acquire and own property. (2) No law may allow arbitrary deprivation of property. (3) The State shall not deprive any person of property except—

(a) for public purpose and with compensation; and

(b) with access to court.

(4) Occupants in good faith may receive compensation even if they lack title. (5) The State shall protect intellectual property rights. (6) Rights do not extend to unlawfully acquired property.

41. Labour relations

(1) Every person has the right to fair labour practices. (2) Every worker has the right—

• to fair remuneration;
• to reasonable working conditions;
• to form, join or participate in a trade union;
• to go on strike.

(3) Every employer has the right—

• to form and join an employers' organisation;
• to participate in its activities.

(4) Trade unions and employers’ organisations have the right—

• to determine their administration and programmes;
• to organise;
• to form and join a federation.

(5) They also have the right to engage in collective bargaining.

42. Environment

Every person has the right to a clean and healthy environment, including the right—

• to have the environment protected for present and future generations;
• to have environmental obligations fulfilled under Article 70.

43. Economic and social rights

(1) Every person has the right—

• to the highest attainable standard of health;
• to accessible and adequate housing and sanitation;
• to be free from hunger and have adequate food;
• to clean and safe water in adequate quantities;
• to social security;
• to education.

(2) No one shall be denied emergency medical treatment. (3) The State shall provide social security for those unable to support themselves.

44. Language and culture

(1) Every person has the right to use their language and participate in cultural life. (2) Communities may—

• enjoy their culture and language;
• form cultural associations.

(3) No one may be compelled to undergo any cultural practice or rite.

45. Family

(1) The family is the natural and fundamental unit of society and is entitled to recognition and protection. (2) Every adult has the right to marry a person of the opposite sex, by free consent. (3) Parties to a marriage have equal rights. (4) Parliament shall recognise marriages concluded under various traditions and systems, to the extent they comply with the Constitution.

46. Consumer rights

(1) Consumers have the right—

• to goods and services of reasonable quality;
• to necessary information;
• to protection of health, safety and economic interests;
• to compensation for harm from defective goods or services.

(2) Parliament shall enact consumer protection laws. (3) These rights apply to both public and private goods/services.

47. Fair administrative action

(1) Every person has the right to fair, efficient, lawful, reasonable and procedurally fair administrative action. (2) If adversely affected, a person has the right to written reasons. (3) Parliament shall enact legislation for review of administrative action.

48. Access to justice

The State shall ensure access to justice and shall not impose unreasonable fees.

49. Rights of arrested persons

(1) An arrested person has the right—

• to be informed promptly, in a language they understand, of—

(i) the reason for arrest;

(ii) the right to remain silent;

(iii) the consequences of not remaining silent;

• to remain silent;
• to communicate with an advocate;
• not to be compelled to confess;
• to be held separately from convicts;
• to be brought before a court within 24 hours or the next court day;
• to be charged or released promptly;
• to be released on bond or bail unless there are compelling reasons.

(2) No one shall be remanded if the offence is punishable only by fine or short imprisonment.

50. Fair hearing

(1) Every person has the right to a fair and public hearing. (2) Every accused person has the right—

• to be presumed innocent;
• to be informed of charges in detail;
• to adequate preparation time;
• to a public trial;
• to a timely trial;
• to be present unless excluded for misconduct;
• to legal representation, including State-funded if necessary;
• to remain silent;
• to see prosecution evidence in advance;
• to adduce and challenge evidence;
• to refuse self-incrimination;
• to interpretation services;
• not to be tried or punished twice;
• to appeal or review.

(3) Information must be given in a language understood by the accused. (4) Illegally obtained evidence shall be excluded. (5) The accused has a right to the trial record. (6) A convicted person may petition for a new trial if new evidence emerges. (7) Courts may allow intermediaries for vulnerable witnesses. (8) Courts may exclude the public from hearings to protect interests. (9) Parliament shall enact laws to protect victims.

51. Rights of detained persons

(1) A detained person retains all rights except those incompatible with detention. (2) Such a person is entitled to habeas corpus. (3) Parliament shall enact laws ensuring humane treatment in line with international instruments.

PART 3 – Specific Application of Rights

52. Interpretation of this Part

(1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons. (2) This Part shall not be construed as limiting or qualifying any right.

53. Children

(1) Every child has the right—

• to a name and nationality from birth;
• to free and compulsory basic education;
• to basic nutrition, shelter and health care;
• to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
• to parental care and protection, including equal responsibility of the mother and father whether married or not;
• not to be detained, except as a last resort, and if detained—

(i) for the shortest appropriate period;

(ii) separately from adults and in conditions that take account of the child’s age and sex.

(2) A child’s best interests are of paramount importance in every matter concerning the child.

54. Persons with disabilities

(1) A person with any disability is entitled—

• to be treated with dignity and respect, and addressed in a manner not demeaning;
• to access educational institutions and facilities integrated into society;
• to reasonable access to public places, transport and information;
• to use Sign language, Braille or appropriate communication methods;
• to access devices to overcome constraints from the disability.

(2) The State shall ensure the progressive implementation of the principle that at least five percent of public bodies consist of persons with disabilities.

55. Youth

The State shall take measures, including affirmative action programmes, to ensure that the youth—

• access relevant education and training;
• have opportunities to associate, be represented, and participate in all spheres of life;
• access employment;
• are protected from harmful cultural practices and exploitation.

56. Minorities and marginalised groups

The State shall implement affirmative action programmes designed to ensure that minorities and marginalised groups—

• participate and are represented in governance and other spheres of life;
• have special opportunities in education and economic fields;
• have special access to employment;
• develop their cultural values, languages and practices;
• have reasonable access to water, health services and infrastructure.

57. Older members of society

The State shall take measures to ensure the rights of older persons—

• to participate fully in the affairs of society;
• to pursue personal development;
• to live in dignity and be free from abuse;
• to receive reasonable care and assistance from their family and the State.

PART 4 – State of Emergency

58. State of emergency

(1) A state of emergency may be declared only under Article 132(4)(d) and only when—

• the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and
• the declaration is necessary to meet the circumstances for which the emergency is declared.

(2) A declaration of a state of emergency, and any legislation enacted or action taken under it, shall be effective only—

• prospectively; and
• for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

(3) The National Assembly may extend a declaration of a state of emergency—

• by resolution adopted—

(i) following a public debate in the National Assembly; and

(ii) by the majorities specified in clause (4); and

• for not longer than two months at a time.

(4) The first extension requires the support of at least two-thirds of all members of the National Assembly; any subsequent extension requires the support of at least three-quarters of all members.

(5) The Supreme Court may decide on the validity of—

• a declaration of a state of emergency;
• any extension of a declaration;
• any legislation or action taken under such a declaration.

(6) Any legislation enacted under a declaration—

• may limit a right or fundamental freedom only to the extent that—

(i) the limitation is strictly required by the emergency; and

(ii) the legislation complies with international law obligations on states of emergency;

• shall not take effect until it is published in the Gazette.

(7) A declaration of a state of emergency, or legislation or action taken under it, may not permit or authorise the indemnification of the State, or any person, for unlawful acts or omissions.

PART 5 – Kenya National Human Rights and Equality Commission

59. Kenya National Human Rights and Equality Commission

(1) There is established the **Kenya National Human Rights and Equality Commission**.

(2) The functions of the Commission are—

• to promote respect for human rights and develop a culture of human rights in the Republic;
• to promote gender equality and equity generally, and coordinate gender mainstreaming in national development;
• to promote the protection and observance of human rights in public and private institutions;
• to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including by national security organs;
• to receive and investigate complaints about alleged human rights abuses and take steps to secure appropriate redress;
• to investigate or research human rights matters and recommend improvements to State organs;
• to act as the principal organ of the State in ensuring compliance with human rights treaties and conventions;
• to investigate any conduct in State affairs, or acts or omissions in public administration, that are alleged or suspected to be improper or prejudicial;
• to investigate complaints of abuse of power, unfair treatment, injustice, or unresponsive official conduct;
• to report on such complaints and take remedial action;
• to perform any other functions prescribed by legislation.

(3) Every person has the right to complain to the Commission about any actual or threatened violation of a right or fundamental freedom.

(4) Parliament shall enact legislation to give full effect to this Part, and such legislation may restructure the Commission into two or more separate commissions.

(5) If Parliament restructures the Commission—

• the law shall assign the Commission’s functions to the successor commissions;
• each successor commission shall have equivalent powers;
• each shall be a constitutional commission under Chapter Fifteen, with full status and powers.

CHAPTER FIVE – LAND AND ENVIRONMENT

PART 1 – Land

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;
• in accordance with the following principles—

(a) equitable access to land;

(b) security of land rights;

(c) sustainable and productive management of land resources;

(d) transparent and cost-effective administration of land;

(e) sound conservation and protection of ecologically sensitive areas;

(f) elimination of gender discrimination in law, customs and practices related to land and property; and

(g) encouragement of communities to settle land disputes through recognised local community initiatives.

(2) These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation.

61. Classification of land

(1) All land in Kenya belongs to the people collectively as a nation, as communities, and as individuals. (2) Land is classified as—

• public;
• community; or
• private.

62. Public land

(1) Public land is—

• land held by the national or county governments in trust for the people;
• land that no individual or community owns;
• mineral and forest resources, government buildings, and other categories detailed in legislation.

(2) Public land is vested in and held by a county government in trust for residents of the county, but the national government holds land used for national institutions.

63. Community land

(1) Community land is—

• land lawfully registered in the name of group representatives;
• land transferred to a specific community;
• land declared to be community land by law.

(2) Community land shall be held by communities based on ethnicity, culture, or similar community of interest. (3) Any unregistered community land shall be held in trust by county governments. (4) Community land shall not be disposed of or used except as provided by legislation. (5) Parliament shall enact legislation for recognition, protection and registration of community land rights.

64. Private land

Private land consists of—

• registered land held by individuals;
• land held under freehold or leasehold tenure;
• land declared to be private by law.

65. Landholding by non-citizens

(1) Non-citizens may hold land only on the basis of leasehold tenure not exceeding ninety-nine years. (2) A body corporate with non-citizen shareholders is considered non-citizen. (3) Property held contrary to this Article shall revert to the Republic. (4) Parliament shall enact legislation to regulate landholding by non-citizens.

66. Regulation of land use and property

(1) The State may regulate land use in the interest of public safety, order, health, or land use planning. (2) Such regulation must be by law and must respect the right to property.

67. National Land Commission

(1) There is established a National Land Commission. (2) The functions of the Commission are—

• to manage public land;
• to recommend national land policy;
• to advise on land registration;
• to conduct research on land use and make recommendations;
• to initiate investigations into historical land injustices;
• to encourage traditional dispute resolution in land conflicts;
• to assess tax on land and premiums on immovable property;
• to monitor land use and planning.

(3) The Commission shall not interfere with land registration performed by the Registrar.

68. Legislation on land

Parliament shall enact legislation to—

• revise, consolidate and rationalise land laws;
• regulate the recognition and protection of matrimonial property and tenure;
• protect and conserve ecologically sensitive areas;
• eliminate gender discrimination in land law and customs;
• ensure access to land information;
• regulate land systems including leasehold, freehold, and communal tenure.

PART 2 – Environment and Natural Resources

69. Obligations in respect of the environment

(1) The State shall—

• ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;
• work to achieve and maintain a tree cover of at least ten percent of the land area of Kenya;
• protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;
• encourage public participation in the management, protection and conservation of the environment;
• protect genetic resources and biological diversity;
• establish systems of environmental impact assessment, audit and monitoring;
• eliminate processes and activities that are likely to endanger the environment; and
• utilise the environment and natural resources for the benefit of the people of Kenya.

(2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

70. Enforcement of environmental rights

(1) If a person alleges that a right to a clean and healthy environment has been, is being or is likely to be denied, violated, infringed or threatened, the person may apply to a court for redress. (2) On application under clause (1), the court may make any order, or give any directions it considers appropriate—

• to prevent, stop or discontinue any act or omission that is harmful to the environment;
• to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or
• to provide compensation for any victim of a violation of the right to a clean and healthy environment.

(3) For the purposes of this Article—

• an applicant does not have to demonstrate that any person has incurred loss or suffered injury; and
• the court shall be guided by the principles of sustainable development, including the precautionary principle and public participation.

71. Agreements relating to natural resources

(1) A transaction that involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya shall be subject to ratification by Parliament. (2) Parliament shall enact legislation providing for the classes of transactions subject to ratification and the criteria for ratification.

72. Legislation relating to the environment

Parliament shall enact legislation to give full effect to the provisions of this Part.

CHAPTER SIX – LEADERSHIP AND INTEGRITY

73. Responsibilities of leadership

(1) Authority assigned to a State officer—

• is a public trust to be exercised in a manner—

(a) that is consistent with the purposes and objects of this Constitution;

(b) that demonstrates respect for the people;

(c) that brings honour to the nation and dignity to the office; and

(d) that promotes public confidence in the integrity of the office.

(2) The guiding principles of leadership and integrity include—

• selection on the basis of personal integrity, competence and suitability;
• objectivity and impartiality in decision-making, ensuring decisions are not influenced by nepotism, favouritism or improper motives;
• selfless service based solely on the public interest;
• accountability to the public for decisions and actions;
• discipline and commitment in service to the people.

74. Oath of office of State officers

Before assuming a State office, acting in a State office, or performing any function of a State office, a person shall take and subscribe the oath or affirmation of office.

75. Conduct of State officers

(1) A State officer shall behave, whether in public or private life, in a manner that avoids—

• any conflict between personal interests and public duties;
• compromising any public interest; or
• demeaning the office the officer holds.

(2) A person who contravenes clause (1), or Article 76, 77 or 78—

• shall be subject to disciplinary procedures; and
• may be dismissed or otherwise removed from office.

(3) A person removed from office on these grounds is disqualified from holding any other State office.

76. Financial probity of State officers

(1) A gift or donation to a State officer shall be declared and surrendered to the State. (2) A State officer shall not—

• maintain a bank account outside Kenya except as provided by legislation;
• seek or accept personal loans or benefits in circumstances that compromise integrity.

77. Restriction on activities of State officers

(1) A full-time State officer shall not engage in any other gainful employment. (2) A retired State officer receiving pension shall not be appointed to another remunerated State office. (3) A State officer shall not—

• engage in political activity, or hold office in a political party; or
• act as an agent of a political party.

(4) Clause (3) does not apply to the President, Deputy President, or elected State officers.

78. Citizenship and leadership

(1) A person is not eligible for election or appointment to a State office unless they are a citizen of Kenya. (2) A State officer or someone seeking appointment to a State office shall not hold dual citizenship. (3) A person who has been made a citizen of another country may be appointed to a State office if—

• the country does not require them to renounce their Kenyan citizenship; or
• they have obtained approval from the relevant State organ.

79. Legislation to establish the ethics and anti-corruption commission

Parliament shall enact legislation to establish an independent ethics and anti-corruption commission.

80. Legislation on leadership

Parliament shall enact legislation—

• establishing procedures and mechanisms for effective administration of this Chapter;
• prescribing penalties for contravention of this Chapter;
• providing for the application of this Chapter to public officers; and
• making provisions necessary for promotion of the principles of this Chapter.

CHAPTER SEVEN – REPRESENTATION OF THE PEOPLE

81. General principles for the electoral system

The electoral system shall comply with the following principles—

• freedom of citizens to exercise their political rights under Article 38;
• not more than two-thirds of the members of elective public bodies shall be of the same gender;
• fair representation of persons with disabilities;
• universal suffrage based on the aspiration for fair representation and equality of vote;
• free and fair elections, which are—

(a) by secret ballot;

(b) free from violence, intimidation, improper influence or corruption;

(c) conducted by an independent body;

(d) transparent; and

(e) administered in an impartial, neutral, efficient, accurate and accountable manner.

82. Legislation on elections

(1) Parliament shall enact legislation to provide for—

• the conduct of elections and referenda;
• the continuous registration of citizens as voters;
• the conduct and supervision of elections and referenda;
• the nomination of candidates;
• the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote;
• the progressive registration of and participation by citizens with disabilities;
• the regulation of political parties.

(2) Legislation under clause (1)(d) shall ensure that—

• at each general election, each party nominates at least one candidate for each elective position;
• mechanisms are in place to promote the fair representation of marginalised groups.

83. Registration as a voter

(1) A person qualifies for registration as a voter if the person—

• is an adult citizen;
• is not declared to be of unsound mind; and
• has not been convicted of an election offence in the previous five years.

(2) A citizen who qualifies is entitled to be registered at only one registration centre. (3) Administrative arrangements must facilitate eligible citizens to be registered and vote.

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

Candidates and political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

85. Eligibility to stand as an independent candidate

A person is eligible to stand as an independent candidate if the person—

• is not a member of a registered political party and has not been a member for at least three months prior to the election;
• satisfies any other requirements prescribed by the Constitution or an Act of Parliament.

86. Voting

At every election, the Independent Electoral and Boundaries Commission shall ensure that—

• whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;
• the votes cast are counted, tabulated and the results announced promptly by the presiding officer;
• the results from polling stations are openly and accurately collated and promptly announced;
• appropriate structures and mechanisms to eliminate electoral malpractice are put in place;
• there is efficient, transparent and verifiable transmission of results.

87. Electoral disputes

(1) Parliament shall enact legislation to establish mechanisms for timely settlement of electoral disputes. (2) Petitions concerning an election shall be filed within 28 days after the declaration of the results. (3) Service of a petition may be direct or as prescribed by legislation.

CHAPTER EIGHT – THE LEGISLATURE

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.

94. Role of Parliament

(1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament. (2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty. (3) Parliament may consider and pass amendments to this Constitution. (4) Parliament shall protect this Constitution and promote the democratic governance of the Republic. (5) No person or body, other than Parliament, shall have the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or legislation. (6) An Act of Parliament, or legislation made under authority conferred by this Constitution, shall have the force of law throughout Kenya.

95. Role of the National Assembly

(1) The National Assembly represents the people of the constituencies and special interests in the National Assembly. (2) The National Assembly deliberates on and resolves issues of concern to the people. (3) The National Assembly enacts legislation in accordance with Part 4 of this Chapter. (4) It determines the allocation of national revenue between the levels of government and appropriates funds. (5) It exercises oversight over national revenue and its expenditure. (6) It reviews the conduct of the President, Deputy President and other State officers and initiates impeachment. (7) It approves declarations of war and extensions of states of emergency.

96. Role of the Senate

(1) The Senate represents the counties and serves to protect the interests of the counties and their governments. (2) The Senate participates in the law-making function by considering, debating and approving Bills concerning counties. (3) It determines the allocation of national revenue among counties and exercises oversight over that revenue. (4) It participates in the oversight of State officers by considering and determining resolutions to remove the President or Deputy President from office.

97. Membership of the National Assembly

The National Assembly consists of—

• two hundred and ninety members elected by constituencies;
• forty-seven women elected by each county;
• twelve members nominated by parliamentary political parties representing special interests;
• the Speaker, who is an ex officio member.

98. Membership of the Senate

The Senate consists of—

• forty-seven members elected by the counties;
• sixteen women nominated by political parties;
• two youth (one man, one woman);
• two persons with disabilities (one man, one woman);
• the Speaker, who is an ex officio member.

99. Qualifications and disqualifications for election as MP

(1) A person qualifies for election if they are registered as a voter and satisfy educational, moral, and ethical requirements prescribed by law. (2) Disqualifications include being an undischarged bankrupt, having allegiance to a foreign state, being of unsound mind, or being convicted of an offence and sentenced to imprisonment for more than six months.

100. Promotion of representation of marginalised groups

Parliament shall enact legislation to promote representation in Parliament of—

• women;
• persons with disabilities;
• youth;
• ethnic and other minorities;
• marginalised communities.

101. Election of members of Parliament

(1) A general election shall be held on the second Tuesday in August in every fifth year. (2) Parliament shall enact legislation to provide for—

• mechanisms for conducting elections;
• continuous registration of voters and revision of the register.

102. Term of Parliament

(1) The term of each House of Parliament expires on the date of the next general election. (2) The President may dissolve Parliament in specific instances, such as failure to pass the Budget.

103. Vacation of office of MP

Grounds include resignation, loss of party membership, missing eight sittings without permission, or being convicted of an offence.

104. Right of recall

The electorate has the right to recall their Member of Parliament for loss of confidence, under procedures set by an Act of Parliament.

105. Determination of questions of membership

The High Court shall hear and determine any question whether a person has been validly elected or nominated.

106. Speaker and Deputy Speaker

Each House of Parliament shall elect a Speaker and Deputy Speaker from among persons qualified to be elected as MPs, but not current members of Parliament.

107. Voting in Parliament

Each House shall make decisions by simple majority, except as otherwise provided in the Constitution.

108. Leader of the majority and minority parties

The largest party or coalition in the National Assembly shall appoint the Leader of the Majority Party. The second-largest appoints the Leader of the Minority Party.

109. Exercise of legislative powers

Parliament shall exercise legislative power through Bills passed by both Houses and assented to by the President.

110. Bills concerning county governments

Bills concerning counties shall be considered by both Houses; the Speaker of the National Assembly shall determine whether a Bill concerns counties.

111–116. (Law-making process, assent, publication, commencement, referral and mediation of Bills)

These Articles provide detailed procedures for enacting laws, presidential assent, publication and commencement, and mechanisms for resolving disagreements between the two Houses.

117–122. (Powers and privileges of Parliament)

Parliament has powers, privileges and immunities needed to carry out its functions, and procedures for removal or suspension of members for disorderly conduct are established.

123. Decisions of the Senate

Decisions are made by delegation votes, each county delegation casting one vote.

124. Committees and Standing Orders

Each House may form committees and shall adopt Standing Orders to regulate procedures.

125. Power to summon witnesses

Parliament has the same powers as the High Court to summon witnesses and receive evidence.

CHAPTER NINE – THE EXECUTIVE

129. Principles of executive authority

(1) Executive authority derives from the people and shall be exercised in accordance with this Constitution. (2) It shall be exercised in a manner compatible with the principle of service to the people and for their well-being and benefit.

130. The national executive

(1) The national executive consists of the President, the Deputy President and the rest of the Cabinet. (2) The composition shall reflect the regional and ethnic diversity of the people of Kenya.

131. Authority of the President

(1) The President—

• is the Head of State and Government;
• Commander-in-Chief of the Kenya Defence Forces;
• chairperson of the National Security Council;
• symbol of national unity.

(2) The President shall—

• respect, uphold and safeguard the Constitution;
• safeguard sovereignty;
• promote and enhance the unity of the nation;
• promote respect for diversity;
• ensure protection of human rights and fundamental freedoms and rule of law.

(3) The President shall not hold any other State or public office.

132. Functions of the President

(1) The President shall—

• address opening of each newly elected Parliament;
• address the nation on measures to promote governance and general state of the nation;
• nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries, the Attorney-General, and other key officials;
• chair Cabinet meetings;
• direct and coordinate the functions of ministries and government departments;
• declare a state of emergency and nominate ambassadors and diplomatic representatives.

(2) The President shall report annually to Parliament on all international obligations. (3) The President shall publish annual reports on progress in governance. (4) The President may perform any other function conferred by the Constitution or law.

133. Power of mercy

The President may—

• grant a pardon;
• postpone or remit a penalty;
• substitute a less severe form of punishment—

upon petition and with the advice of an advisory committee established by law.

134. Exercise of presidential powers during temporary incumbency

When the President is temporarily absent, their powers may not be exercised to:

• nominate or appoint;
• dismiss;
• confer honours;
• declare war;
• declare a state of emergency.

135. Decisions of the President

A decision of the President must be in writing, signed, and bear the seal of the Republic.

136. Election of the President

The President is elected by registered voters in a national election held on the second Tuesday in August in every fifth year.

137. Qualifications and disqualifications

To qualify for election, a person must be—

• a citizen by birth;
• qualified for election as MP;
• nominated by a political party or stand as an independent candidate.

Disqualified if:

• allegiance to a foreign state;
• has served two terms as President.

138–143. (Election procedure and swearing-in)

These Articles outline voting procedures, declaration of results, disputes, and the procedure for assuming office.

144. Removal of President on grounds of incapacity

A President may be removed on grounds of physical or mental incapacity following a procedure initiated by Parliament and confirmed by a medical board.

145. Removal of President by impeachment

The President may be impeached for—

• gross violation of the Constitution;
• crimes under national or international law;
• gross misconduct.

Initiated by the National Assembly and resolved by the Senate.

146. Vacancy in the office of President

Occurs upon death, resignation, impeachment, or incapacitation. The Deputy President assumes office or, if absent, the Speaker acts temporarily.

147. Functions of the Deputy President

• Principal assistant of the President;
• Acts as President when the President is absent or incapacitated.

Cannot hold any other public office.

148. Appointment and removal of Deputy President

Nominated as a running mate during general elections. May be removed only through the same grounds and procedures as the President.

149. Acting President

If both President and Deputy are absent, the Speaker of the National Assembly acts as President for a maximum of 60 days.

150. Removal of Deputy President

Similar process to impeachment of the President under Article 145.

151. Remuneration and benefits

Parliament shall determine the President and Deputy President’s salary. Benefits are not payable if removed through impeachment.

152. Cabinet

(1) Consists of—

• the President,
• Deputy President,
• Attorney-General,
• Cabinet Secretaries (not fewer than 14 and not more than 22).

(2) Cabinet Secretaries shall not be MPs. (3) Appointed with approval of the National Assembly. (4) The President may assign responsibilities to them. (5) May be dismissed by the President.

153. Decisions, responsibilities and accountability of Cabinet

The Cabinet shall meet and be collectively accountable to the President and Parliament.

154. Secretary to the Cabinet

Appointed by the President with approval of the National Assembly.

155. Principal Secretaries

Appointed by the President from a list recommended by the Public Service Commission and approved by the National Assembly.

156. Attorney-General

• Principal legal adviser to the government;
• Represents the national government in court;
• Shall promote rule of law and defend public interest.

157. Director of Public Prosecutions (DPP)

• Appointed by the President with National Assembly approval;
• Independent;
• Has power to institute, take over, or discontinue criminal proceedings.

158. Removal of DPP

By a tribunal appointed after a petition to the President and recommendation by Parliament.

159. Judicial authority and legal system principles

While technically part of Chapter Ten, Article 159 also reaffirms that judicial authority is derived from the people and shall be exercised in accordance with this Constitution.

CHAPTER TEN – JUDICIARY

159. Judicial authority

(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—

• justice shall be done to all, irrespective of status;
• justice shall not be delayed;
• alternative forms of dispute resolution shall be promoted;
• justice shall be administered without undue regard to procedural technicalities;
• the purpose and principles of this Constitution shall be protected and promoted.

(3) Traditional dispute resolution mechanisms shall not contravene the Constitution, any written law, or result in outcomes that are repugnant to justice or involve abuse of human rights.

160. Independence of the Judiciary

(1) In the exercise of judicial authority, the Judiciary shall be subject only to this Constitution and the law and shall not be subject to control or direction by any person or authority. (2) No discussions can take place in Parliament regarding the conduct of a judge, except in the context of a removal procedure. (3) A member of the Judiciary is not liable for anything done or omitted in good faith in the lawful performance of a judicial function. (4) The Judiciary shall not be subject to approval or control of the Executive in terms of budget or performance.

161. Judicial offices and officers

The Judiciary consists of—

• the judges of the superior courts;
• magistrates and other judicial officers and staff.

Offices include the Chief Justice, Deputy Chief Justice, and Chief Registrar of the Judiciary.

162. System of courts

(1) The superior courts are the Supreme Court, the Court of Appeal, the High Court, and any other courts established by Parliament. (2) Parliament shall establish courts with the status of the High Court to hear matters related to employment and labour relations and the environment and land. (3) Subordinate courts may include magistrates’ courts, Kadhi courts, and other courts or tribunals established by law.

163. The Supreme Court

(1) The Supreme Court consists of—

• the Chief Justice as President of the Court;
• the Deputy Chief Justice as Vice-President;
• five other judges.

(2) It is the highest court in the land. (3) It hears and determines—

• presidential election petitions;
• appeals from the Court of Appeal and any other court or tribunal as prescribed by law;
• advisory opinions from national government entities.

(4) Supreme Court decisions are binding on all other courts.

164. Court of Appeal

(1) Consists of at least twelve judges. (2) Hears appeals from the High Court and other lower courts as prescribed by law.

165. High Court

(1) Has unlimited original jurisdiction in criminal and civil matters. (2) Has jurisdiction to determine the constitutionality of laws. (3) Supervises other courts and tribunals. (4) Cannot hear matters reserved for the Supreme Court or Court of Appeal.

166. Appointment of judges

(1) Judges are appointed by the President, on recommendation of the Judicial Service Commission and approval by the National Assembly. (2) A person must have at least fifteen years' experience as an advocate or comparable academic or judicial experience to be appointed to the Supreme Court.

167. Tenure of office of judges

(1) Retirement age is 70 years. (2) A judge may be removed from office only in accordance with Article 168.

168. Removal from office

A judge may be removed for—

• inability to perform functions due to mental or physical incapacity;
• breach of code of conduct;
• bankruptcy;
• incompetence;
• gross misconduct.

Removal is initiated by a petition and determined by a tribunal.

169. Subordinate courts

Include—

• Magistrates’ courts;
• Kadhis’ courts (limited to Muslim personal law);
• Courts Martial;
• Other courts established by law.

170. Kadhis’ courts

(1) Established under the Constitution. (2) Jurisdiction applies only to—

• parties professing the Muslim religion;
• personal status, marriage, divorce or inheritance.

171. Judicial Service Commission (JSC)

(1) Established to promote and facilitate independence and accountability of the Judiciary. (2) Functions include recommending judicial appointments and reviewing conditions of service. (3) The composition includes judges, advocates, and public representatives.

172. Functions of the JSC

• Recommend appointments;
• Review conditions of service;
• Investigate complaints against judicial officers;
• Prepare and implement programmes for continuing education.

173. Judiciary Fund

(1) Established to ensure financial independence of the Judiciary. (2) Administered by the Chief Registrar. (3) Receives funds from the Consolidated Fund.

CHAPTER ELEVEN – DEVOLVED GOVERNMENT

PART 1 – Objects and Principles of Devolved Government

174. Objects of devolution

The objects of devolution are to—

• promote democratic and accountable exercise of power;
• foster national unity by recognizing diversity;
• give powers of self-governance to the people;
• enhance participation of the people in decision-making;
• protect and promote interests and rights of minorities and marginalised communities;
• promote social and economic development and the provision of services;
• ensure equitable sharing of national and local resources;
• facilitate decentralisation of State organs;
• enhance checks, balances, and separation of powers.

175. Principles of devolved government

Devolved government shall be based on—

• democratic principles and separation of powers;
• reliable sources of revenue for county governments;
• recognition of the right of communities to manage their own affairs and development.

PART 2 – County Governments

176. County governments

(1) There shall be a county government for each county, consisting of a county assembly and a county executive. (2) County governments shall decentralise their functions and services.

177. Membership of county assembly

(1) Each county assembly shall consist of—

• members elected by wards;
• special seat members to ensure gender balance;
• members representing marginalised groups, including persons with disabilities and youth;
• the Speaker, as an ex officio member.

(2) Members shall be elected by registered voters. (3) The term is five years.

178. Speaker of a county assembly

Each county assembly shall elect a Speaker who presides over sittings.

179. County executive committees

(1) The executive authority of the county is vested in the county executive committee. (2) It consists of the Governor, Deputy Governor, and members appointed by the Governor with the assembly’s approval. (3) The number of executive members shall not exceed one-third of the county assembly. (4) The committee implements county legislation and coordinates functions.

180. Election of county governor and deputy governor

(1) The county governor is directly elected by voters. (2) Each candidate nominates a running mate as deputy. (3) Must receive more than half the votes in the county and at least 25% in more than half of the wards. (4) If no candidate meets this, a runoff is held between the top two. (5) Disqualifications include holding dual citizenship. (6) The Independent Electoral and Boundaries Commission shall regulate nominations.

181. Removal of a county governor

(1) A governor may be removed for—

• gross violation of the Constitution or law;
• serious abuse of office;
• physical or mental incapacity.

(2) The county assembly may pass a resolution to remove the governor. (3) The Senate then investigates and may remove the governor by two-thirds vote.

182. Vacancy in the office of county governor

(1) Vacancy occurs through death, resignation, impeachment, incapacity, or other legal means. (2) The Deputy Governor assumes office. (3) If vacant and no deputy exists, the Speaker acts as governor and an election is held within 60 days. (4) When the deputy assumes office, a new deputy is appointed within 14 days.

183. Functions of county executive committees

• Implement county legislation;
• Manage and coordinate county administration and departments;
• Prepare legislation for assembly consideration;
• Provide regular reports to the county assembly.

184. Urban areas and cities

(1) National legislation shall provide governance and management of urban areas. (2) Legislation shall provide criteria for classifying areas as cities or municipalities.

185. Legislative authority of county assemblies

(1) The legislative authority of a county is vested in the county assembly. (2) The assembly may make laws for the effective performance of county functions. (3) It exercises oversight over the executive committee.