1.CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND
SUPREMACY OF THIS CONSTITUTION
2.CHAPTER TWO – THE REPUBLIC
3.CHAPTER THREE – CITIZENSHIP
4.CHAPTER FOUR – THE BILL OF RIGHTS
5.CHAPTER FIVE – LAND AND ENVIRONMENT
6.CHAPTER SIX – LEADERSHIP AND INTEGRITY
7.CHAPTER SEVEN – REPRESENTATION OF THE PEOPLE
8.CHAPTER EIGHT – THE LEGISLATURE
9.CHAPTER NINE – THE EXECUTIVE
10.CHAPTER TEN – JUDICIARY
11.CHAPTER ELEVEN – DEVOLVED GOVERNMENT
12.CHAPTER TWELVE – PUBLIC FINANCE
13.CHAPTER THIRTEEN – THE PUBLIC SERVICE
14.CHAPTER FOURTEEN – NATIONAL SECURITY
15.CHAPTER FIFTEEN – COMMISSIONS AND INDEPENDENT OFFICES
16.CHAPTER SIXTEEN – AMENDMENT OF THIS CONSTITUTION
17.CHAPTER SEVENTEEN – GENERAL PROVISIONS
18.CHAPTER EIGHTEEN – TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS
SCHEDULES
FIRST SCHEDULE – COUNTIES
SECOND SCHEDULE – NATIONAL SYMBOLS
THIRD SCHEDULE – NATIONAL OATHS AND AFFIRMATIONS
FOURTH SCHEDULE – DISTRIBUTION OF FUNCTIONS BETWEEN
THE NATIONAL GOVERNMENT AND THE
COUNTY GOVERNMENTS
FIFTH SCHEDULE – LEGISLATION TO BE ENACTED BY
PARLIAMENT
SIXTH SCHEDULE – TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS
Chapters of the Constitution of Kenya
Article 10 of the Constitution of Kenya
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—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—
(a) patriotism, national unity, sharing and devolution of power, the rule of
law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality, human
rights, non-discrimination and protection of the marginalised;
(c) good governance, integrity, transparency and accountability; and
(d) sustainable development.
Article 35 of the Constitution of Kenya
35. Access to information
(1) Every citizen has the right of access to—
(a) information held by the State; and
(b) information held by another person and required for the exercise or
protection of any right or fundamental freedom.
(2) Every person has the right to the correction or deletion of untrue or
misleading information that affects the person.
(3) The State shall publish and publicise any important information affecting
the nation.
Article 47 of the Constitution of Kenya
47. Fair administrative action
(1) Every person has the right to administrative action that is expeditious,
efficient, lawful, reasonable and procedurally fair.
(2) If a right or fundamental freedom of a person has been or is likely to be
adversely affected by administrative action, the person has the right to be given
written reasons for the action.
Article 28 of the Constitution of Kenya
28. Human dignity
Every person has inherent dignity and the right to have that dignity respected
and protected.
Chapter 2 of the Constitution of Kenya
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—
(a) promote and protect the diversity of language of the people of Kenya;
and
(b) 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—
(a) the national flag;
(b) the national anthem;
(c) the coat of arms; and
(d) the public seal.
(2) The national symbols are as set out in the Second Schedule.
(3) The national days are—
(a) Madaraka Day, to be observed on 1st June;
(b) Mashujaa Day, to be observed on 20th October; and
(c) 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—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—
(a) patriotism, national unity, sharing and devolution of power, the rule of
law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality, human
rights, non-discrimination and protection of the marginalised;
(c) good governance, integrity, transparency and accountability; and
(d) 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—
(a) 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;
(b) recognise the role of science and indigenous technologies in the
development of the nation; and
(c) promote the intellectual property rights of the people of Kenya.
(3) Parliament shall enact legislation to—
(a) ensure that communities receive compensation or royalties for the use
of their cultures and cultural heritage; and
(b) recognise and protect the ownership of indigenous seeds and plant
varieties, their genetic and diverse characteristics and their use by the
communities of Kenya.
Fair Hearing: Article 50 of the Constitution of Kenya
50. Fair hearing
(1) Every person has the right to have any dispute that can be resolved by
the application of law decided in a fair and public hearing before a court or, if
appropriate, another independent and impartial tribunal or body.
(2) Every accused person has the right to a fair trial, which includes the right—
(a) to be presumed innocent until the contrary is proved;
Procedure at Presidential Elections: Article 138 of the Constitution of Kenya
138. Procedure at presidential election
(1) If only one candidate for President is nominated, that candidate shall be
declared elected.
(2) If two or more candidates for President are nominated, an election shall be
held in each constituency.
(3) In a presidential election—
(a) all persons registered as voters for the purposes of parliamentary
elections are entitled to vote;
(b) the poll shall be taken by secret ballot on the day specified in Article
101(1) at the time, in the places and in the manner prescribed under
an Act of Parliament; and
(c) after counting the votes in the polling stations, the Independent
Electoral and Boundaries Commission shall tally and verify the count
and declare the result.
(4) A candidate shall be declared elected as President if the candidate receives
—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more than
half of the counties.
(5) If no candidate is elected, a fresh election shall be held within thirty days
after the previous election and in that fresh election the only candidates shall be—
(a) the candidate, or the candidates, who received the greatest number
of votes; and
(b) the candidate, or the candidates, who received the second greatest
number of votes.
(6) If more than one candidate receives the greatest number of votes, clause
(5)(b) shall not apply and the only candidates in the fresh election shall be those
contemplated in clause (5)(a).
(7) The candidate who receives the most votes in the fresh election shall be
declared elected as President.
(8) A presidential election shall be cancelled and a new election held if—
(a) no person has been nominated as a candidate before the expiry of
the period set for the delivery of nominations;
(b) a candidate for election as President or Deputy President dies on or
before the scheduled election date; or
(c) a candidate who would have been entitled to be declared elected as
President, dies before being declared elected as President.
(9) A new presidential election under clause (8) shall be held within sixty days
after the date set for the previous presidential election.
(10) Within seven days after the presidential election, the chairperson of the
Independent Electoral and Boundaries Commission shall—
(a) declare the result of the election; and
(b) deliver a written notification of the result to the Chief Justice and the
incumbent President.
Article 43 of the constitution of Keny
43. Economic and social rights
(1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right
to health care services, including reproductive health care;
(b) to accessible and adequate housing, and to reasonable standards of
sanitation;
(c) to be free from hunger, and to have adequate food of acceptable
quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.
(2) A person shall not be denied emergency medical treatment.
(3) The State shall provide appropriate social security to persons who are
unable to support themselves and their dependants.
Chapter 6 of the Constitution of Kenya
CHAPTER SIX – LEADERSHIP AND INTEGRITY
73. Responsibilities of leadership
(1) Authority assigned to a State officer—
(a) is a public trust to be exercised in a manner that—
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect for the people;
(iii) brings honour to the nation and dignity to the office; and
(iv) promotes public confidence in the integrity of the office; and
(b) vests in the State officer the responsibility to serve the people, rather
than the power to rule them.
(2) The guiding principles of leadership and integrity include—
(a) selection on the basis of personal integrity, competence and
suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making, and in ensuring that
decisions are not influenced by nepotism, favouritism, other improper
motives or corrupt practices;
(c) selfless service based solely on the public interest, demonstrated by
—
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with
public duties;
(d) accountability to the public for decisions and actions; and
(e) 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
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.
75. Conduct of State officers
(1) A State officer shall behave, whether in public and official life, in private life,
or in association with other persons, in a manner that avoids—
(a) any conflict between personal interests and public or official duties;
(b) compromising any public or official interest in favour of a personal
interest; or
(c) demeaning the office the officer holds.
(2) A person who contravenes clause (1), or Article 76, 77 or 78(2)—
(a) shall be subject to the applicable disciplinary procedure for the
relevant office; and
(b) may, in accordance with the disciplinary procedure referred to in
paragraph (a), be dismissed or otherwise removed from office.
(3) A person who has been dismissed or otherwise removed from office for a
contravention of the provisions specified in clause (2) is disqualified from holding
any other State office.
76. Financial probity of State officers
(1) A gift or donation to a State officer on a public or official occasion is a gift
or donation to the Republic and shall be delivered to the State unless exempted
under an Act of Parliament.
(2) A State officer shall not—
(a) maintain a bank account outside Kenya except in accordance with an
Act of Parliament; or
(b) seek or accept a personal loan or benefit in circumstances that
compromise the integrity of the State officer.
77. Restriction on activities of State officers
(1) A full-time State officer shall not participate in any other gainful employment.
(2) Any appointed State officer shall not hold office in a political party.
(3) A retired State officer who is receiving a pension from public funds shall
not hold more than two concurrent remunerative positions as chairperson, director
or employee of—
(a) a company owned or controlled by the State; or
(b) a State organ.
(4) A retired State officer shall not receive remuneration from public funds other
than as contemplated in clause (3).
78. Citizenship and leadership
(1) A person is not eligible for election or appointment to a State office unless
the person is a citizen of Kenya.
(2) A State officer or a member of the defence forces shall not hold dual
citizenship.
(3) Clauses (1) and (2) do not apply to—
(a) judges and members of commissions; or
(b) any person who has been made a citizen of another country by
operation of that country’s law, without ability to opt out.
79. Legislation to establish the ethics and anti-corruption commission
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.
80. Legislation on leadership
Parliament shall enact legislation—
(a) establishing procedures and mechanisms for the effective
administration of this Chapter;
(b) prescribing the penalties, in addition to the penalties referred to in
Article 75, that may be imposed for a contravention of this Chapter;
(c) providing for the application of this Chapter, with the necessary
modifications, to public officers; and
(d) making any other provision necessary for ensuring the promotion of
the principles of leadership and integrity referred to in this Chapter,
and the enforcement of this Chapter.
Article 27 of the Constitution of Kenya
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 directly or indirectly against another person
on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this
Article, the State shall take legislative and other measures, including affirmative
action programmes and policies designed to redress any disadvantage suffered by
individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any
benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take
legislative and other measures to implement the principle that not more than two-
thirds of the members of elective or appointive bodies shall be of the same gender.
Article 51 of the Constitution of Kenya
51. Rights of persons detained, held in custody or imprisoned
(1) A person who is detained, held in custody or imprisoned under the law,
retains all the rights and fundamental freedoms in the Bill of Rights, except to the
extent that any particular right or a fundamental freedom is clearly incompatible
with the fact that the person is detained, held in custody or imprisoned.
(2) A person who is detained or held in custody is entitled to petition for an
order of habeas corpus.
(3) Parliament shall enact legislation that—
(a) provides for the humane treatment of persons detained, held in
custody or imprisoned; and
(b) takes into account the relevant international human rights
instruments