We, the people of Kenya -
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
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.
There shall be no State religion.
A citizen by birth does not lose citizenship by acquiring the citizenship of another country.
Parliament shall enact legislation-
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited-
Every person has inherent dignity and the right to have that dignity respected and protected.
Every person has the right to freedom and security of the person, which includes the right not to be-
Every person has the right to privacy, which includes the right not to have-
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
Every person has the right to a clean and healthy environment, which includes the right-
to the extent that any such marriages or systems of law are consistent with this Constitution.
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
The State shall take measures, including affirmative action programmes, to ensure that the youth-
The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups-
The State shall take measures to ensure the rights of older persons-
but not including any public land held in trust by the county government under Article 62 (2).
Private land consists of -
Parliament shall enact legislation to give full effect to the provisions of this Part.
Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.
Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.
Parliament shall enact legislation-
The electoral system shall comply with the following principles-
In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
Any person is eligible to stand as an independent candidate for election if the person-
At every election, the Independent Electoral and Boundaries Commission shall ensure that-
Parliament shall enact legislation to provide for-
Parliament shall enact legislation to promote the representation in Parliament of-
The quorum of Parliament shall be-
may not exercise the powers of the President specified in clause (2).
A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.
as prescribed in the Third Schedule.
The objects of the devolution of government are-
County governments established under this Constitution shall reflect the following principles-
While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election.
The following principles shall guide all aspects of public finance in the Republic-
A county government may borrow only-
A county's share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article 225.
On the basis of the Division of Revenue Bill passed by Parliament under Article 218, each county government shall prepare and adopt its own annual budget and appropriation Bill in the form, and according to the procedure, prescribed in an Act of Parliament.
A public officer shall not be-
The National Police Service shall-
Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.
Each commission and each independent office-
In this Constitution, unless the context requires otherwise-
"affirmative action" includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;
"child" means an individual who has not attained the age of eighteen years;
"contravene" includes fail to comply with;
"county legislation" means a law made by a county government or under authority conferred by a county Assembly;
"disability" includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long-term effect on an individual's ability to carry out ordinary day-to-day activities;
"effective date" means the date that this Constitution came into force;
"fail" includes refuse;
"financial year" means the period of twelve months ending on the thirtieth day of June or other day prescribed by national legislation, but the initial financial year of any entity is the period of time from its coming into existence until the immediately following thirtieth day of June, or other day prescribed by national legislation;
"Gazette" means the Kenya Gazette published by authority of the national government, or a supplement to the Kenya Gazette;
"guarantee" means any absolute or conditional promise, commitment or undertaking by the national government to partially or completely re-pay any loan to a county government or any person;
"judicial officer" means a registrar, deputy registrar, magistrate, Kadhi or the presiding officer of a court established under Article 169 (1) (d);
"loan" includes any form of borrowing, lending or deferred payment in respect of which money from a public fund may be used, or is required to be used, for payment or repayment;
"marginalised community" means-
"marginalised group" means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4);
"national legislation" means an Act of Parliament, or a law made under authority conferred by an Act of Parliament;
"natural resources" means the physical non-human factors and components, whether renewable or non-renewable, including-
"older member of society" means a person who has attained the age of sixty years;
"person" includes a company, association or other body of persons whether incorporated or unincorporated;
"political party" means an association contemplated in Part 3 of Chapter Seven;
"property" includes any vested or contingent right to, or interest in or arising from-
"public officer" means-
"public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament;
"public service" means the collectivity of all individuals, other than State officers, performing a function within a State organ;
"Republic" means the Republic of Kenya;
"State", when used as a noun, means the collectivity of offices, organs and other entities comprising the government of the Republic under this Constitution;
"State office" means any of the following offices-
"State officer" means a person holding a State office;
"State organ" means a commission, office, agency or other body established under this Constitution;
"writing" includes printing, photography, lithography, typewriting, Braille, and any other means of representing or reproducing words in a visible form; and
"youth" means the collectivity of all individuals in the Republic who-
The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date.
This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is the earlier.
The Constitution in force immediately before the effective date shall stand repealed on the effective date, subject to the Sixth Schedule.
Note– All dimensions given do not necessarily represent any particular measurement and are merely proportional.
Description- Three major strips of equal width coloured from top to bottom black, red and green and separated by narrow white strips, with a symmetrical shield and white spears superimposed centrally.
Ilete baraka kwetu. (Bless this our land and nation.)
Haki iwe ngao na mlinzi (Justice be our shield and defender)
Natukae na undugu (May we dwell in unity)
Amani na uhuru (Peace and liberty)
Raha tupate na ustawi (Plenty be found within our borders.)
Tufanye sote bidii (With hearts both strong and true.)
Nasi tujitoe kwa nguvu (Service be our earnest endeavour,)
Nchi yetu ya Kenya, ()And our Homeland of Kenya
Tunayoipenda (Heritage of splendour,)
Tuwe tayari kuilinda. (Firm may we stand to defend.)
Ee, ndio wajibu wetu (In common bond united,)
Kenya istahili heshima (Build this our nation together)
Tuungane mikono (And the glory of Kenya)
Pamoja kazini (The fruit of our labour)
Kila siku tuwe na shukrani. (Fill every heart with thanksgiving)
I, ..............................................................., in full realisation of the high calling I assume as President/Acting President/ Deputy President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. (In the case of an oath- So help me God.)
I, ..............................................................., swear/solemnly affirm that I will truly and diligently serve the people and the Republic of Kenya in the office of the President/ Acting President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the Office of President/Acting President of the Republic of Kenya; and I will do justice to all in accordance with this Constitution, as by law established, and the laws of Kenya, without fear, favour, affection or ill-will. (In the case of an oath- So help me God.)
I, ..............................................................., do swear/solemnly affirm that I will always truly and diligently serve the people and the Republic of Kenya in the office of the Deputy President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the said office, to the best of my judgment; that I will at all times, when so required, faithfully and truly give my counsel and advice to the President of the Republic of Kenya; that I will do justice to all without fear, favour, affection or ill-will; and that I will not directly or indirectly reveal such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (In the case of an oath- So help me God.)
I, ..............................................................., being appointed a Cabinet Secretary of Kenya, do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic; that I will well and truly serve the people and the Republic of Kenya in the Office of a Cabinet Secretary; that I undertake to hold my office as Cabinet Secretary with honour and dignity; that I will be a true and faithful counsellor to the President for the good management of the public affairs of the Republic of Kenya; that I will not divulge directly or indirectly such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy except as may be required for the due discharge of my duties as Cabinet Secretary; and that I will perform the functions of my office conscientiously and to the best of my ability. (In the case of an oath- So help me God.).
I, ..............................................................., being called on to exercise the functions of Secretary to the Cabinet/a Principal Secretary, do swear/solemnly affirm that, except with the authority of the President, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Cabinet committed to my secrecy, except as may be required for the due discharge of my duties as Secretary to the Cabinet /such Principal Secretary. (In the case of an oath- So help me God.
I, ..............................................................., (The Chief Justice/President of the Supreme Court, a judge of the Supreme Court, a judge of the Court of Appeal, a judge of the High Court) do (swear in the name of the Almighty God)/(solemnly affirm) to diligently serve the people and the Republic of Kenya and to impartially do Justice in accordance with this Constitution as by law established, and the laws and customs of the Republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence. In the exercise of the judicial functions entrusted to me, I will at all times, and to the best of my knowledge and ability, protect, administer and defend this Constitution with a view to upholding the dignity and the respect for the judiciary and the judicial system of Kenya and promoting fairness, independence, competence and integrity within it. (So help me God.)
I, ..............................................................., having been elected a member of the Senate/National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the People and the Republic of Kenya; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will faithfully and conscientiously discharge the duties of a member of Parliament. (So help me God).
I, ..............................................................., having been elected as Speaker/Deputy Speaker of the Senate/National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the people and the Republic of Kenya; that I will faithfully and conscientiously discharge my duties as Speaker/Deputy Speaker of the Senate/National Assembly; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will do right to all manner of persons in accordance with this Constitution of Kenya and the laws and conventions of Parliament without fear or favour, affection or ill will (So help me God).
The functions and powers of the county are-
Chapter Two- Republic
Legislation in respect of culture (Article 11 (3))- Five years
Chapter Three- Citizenship
Legislation on citizenship (Article 18)- One year
Chapter Four- the Bill of Rights
Family (Article 45)- Five years
Consumer protection (Article 46)- Four years
Fair administrative action (Article 47)- Four years
Fair hearing (Article 50)- Four years
Rights of persons detained, held in custody or detained (Article51)- Four years
Kenya National Human Rights and Equality Commission (Article 59)- One year
Chapter Five- Land and Environment
Regulation of land use and property (Article 66)- Five years
Legislation on land (Article 68)- 18 months
Agreements relating to natural resources (Article 71)- Five years
Legislation regarding environment (Article 72)- Four years
Chapter Six- Leadership and Integrity
Legislation on leadership (Article 80)- Two years
Chapter Seven- Representation of the People
Electoral disputes (Article 87)- One year
Independent Electoral and Boundaries Commission (Article 88)- One year
Legislation on political parties (Article 92)- One year
Chapter Eight- The Legislature
Vacation of office of member of Parliament (Article 103)- One year
Right of recall (Article 104)- Two years
Determination of questions of membership of Parliament (Article 105)- Two years
Right to petition Parliament (Article 119)- Two years
Chapter Nine- Executive
Assumption of office of president (Article 141)- Two years
Chapter Ten- Judiciary
Removal from office (Article 168)- One year
Judiciary Fund (Article 173)- Two years
Vetting of judges and magistrates (Sixth schedule, Section 23)- One year
Chapter Eleven- Devolved Government
Urban areas and cities (Article 183)- One year
Support for county governments (Article 190)- Three years
Removal of a county governor (Article 181)- 18 months
Vacation of office of member of county assembly (Article 194)- 18 months
Public participation and county assembly powers, privileges and immunities (Article 196)- Three years
County assembly gender balance and diversity (Article 197)- Three years
Legislation to effect Chapter eleven (Article 200 and Sixth Schedule, section 15) and- 18 months
Chapter Twelve- Public Finance
Contingencies Fund (Article 208)- One year
Loan guarantees by national government (Article 213)- One year
Financial control (Article 225)- Two years
Accounts and audit of public entities (Article 226)- Four years
Procurement of public goods and services (Article 227)- Four years
Chapter Thirteen- Public Service
Values and principles of public service (Article 232)- Four years
Chapter Fourteen-National Security
Command of the National Police Service (Article 245)- Two years
Any other legislation required by this Constitution- Five years
In this Schedule, unless the context requires otherwise-
There shall be a select committee of Parliament to be known as the Constitutional Implementation Oversight Committee which shall be responsible for overseeing the implementation of this Constitution and which, among other things-
Except to the extent that this Constitution expressly provides to the contrary, all rights and obligations, however arising, of the Government or the Republic and subsisting immediately before the effective date shall continue as rights and obligations of the national government or the Republic under this Constitution.
the provisions of this Constitution prevail to the extent of the conflict.
The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term.
On the effective date, the President and any State officer or other person who had, before the effective date, taken and subscribed an oath or affirmation of office under the former Constitution, or who is required to take and subscribe an oath or affirmation of office under this Constitution, shall take and subscribe the appropriate oath or affirmation under this Constitution.
Despite Article 217 (1), the first and second determinations of the basis of the division of revenue among the counties shall be made at three year intervals, rather than every five years as provided in that Article.
Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution.
All local authorities established under the Local Government Act (Cap. 265) existing immediately before the effective date shall continue to exist subject to any law that might be enacted.
Until the Chief Justice makes the rules contemplated by Article 22, the Rules for the enforcement of the fundamental rights and freedoms under section 84 (6) of the former Constitution shall continue in force with the alterations, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with Article 22.
All judicial proceedings pending before any court shall continue to be heard and shall be determined by the same court or a corresponding court established under this Constitution or as directed by the Chief Justice or the Registrar of the High Court.
A Kenyan citizen is a citizen by birth if that citizen-
The law applicable to pensions in respect of holders of constitutional offices under the former Constitution shall be either the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to the person.
An office or institution established under this Constitution is the legal successor of the corresponding office or institution, established under the former Constitution or by an Act of Parliament in force immediately before the effective date, whether known by the same or a new name.
Nothing in Article 231 (4) affects the validity of coins and notes issued before the effective date.