Article 58 - State of emergency.
(1) A state of emergency may be declared only under Article 132 (4) (d) andonly whenâ
(a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public...
Article 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, and in accordance with the following principlesâ
(a) equitable access to...
Article 61 - Classification of land.
(1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
(2) Land in Kenya is classified as public, community or private.
Article 62 - Public land.
(1) Public land isâ
(a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date;
(b) land lawfully held, used or occupied...
Article 63 - Community land.
1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists ofâ
(a) land lawfully...
Article 64 - Private land.
Private land consists of â
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under...
Article 65 - Landholding by non-citizens.
(1) A person who is not a citizen may hold land on the basis of leaseholdtenure only, and any such lease, however granted, shall not exceed ninety-nine years.
(2) If a provision of any agreement,...
Article 67 - National Land Commission.
(1) There is established the National Land Commission.
(2) The functions of the National Land Commission areâ
(a) to manage public land on behalf of the national and county governments;
(b) to...
Article 68 - Legislation on land.
Parliament shallâ
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60(1); and
(c) enact...
Article 70 - Enforcement of environmental rights.
(1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened,...
Article 73 - Responsibilities of leadership.
(1) Authority assigned to a State officerâ
(a) is a public trust to be exercised in a manner thatâ
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect...
Article 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 to the oath or affirmation of office, in the manner and form...
Article 75 - Conduct of State officers.
(1) A State officer shall behave, whether in public and official life, in privatelife, or in association with other persons, in a manner that avoidsâ
(a) any conflict between personal interests and...
Article 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)...
Article 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...
Article 80 - Legislation on leadership.
Parliament shall enact legislationâ
(a) establishing procedures and mechanisms for the effective administration of this Chapter;
(b) prescribing the penalties, in addition to the penalties referred...
Article 82 - Legislation on elections.
(1) Parliament shall enact legislation to provide forâ
(a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly...
Article 83 - Registration as a voter.
(1) A person qualifies for registration as a voter at elections or referenda if the personâ
(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an...
Article 86 - Voting.
At every election, the Independent Electoral and Boundaries Commissionshall ensure thatâ
(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and...
Article 87 - Electoral disputes.
(1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.
(2) Petitions concerning an election, other than a presidential election, shall befiled...
Article 89 - Delimitation of electoral units.
(1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97(1) (a).
(2) The Independent Electoral and...
Article 90 - Allocation of party list seats.
(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under 177(1)(b) and (c), shall be on the basis of...
Article 92 - Legislation on political parties.
Parliament shall enact legislation to provide forâ
(a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties...
Article 93 - Establishment of Parliament.
(1) There is established a Parliament of Kenya, which shall consist of theNational Assembly and the Senate.
(2) The National Assembly and the Senate shall perform their respective functions in...
Article 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,...
Article 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...
Article 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 of Parliament by...
Article 98 - Membership of the Senate.
(1) The Senate consists ofâ
(a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
(b) sixteen women members who...
Article 101 - Election of members of Parliament.
(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
(2) Whenever a vacancy occurs in the office of a member of the National Assembly...
Article 102 - Term of Parliament.
(1) The term of each House of Parliament expires on the date of the next general election.
(2) When Kenya is at war, Parliament may, by resolution supported in each Houseby at least two-thirds of...
Article 104 - Right of recall.
(1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.
(2)...
Article 107 - Presiding in Parliament.
(1) At any sitting of a House of Parliamentâ (a) the Speaker presides;
(b) in the absence of the Speaker, the Deputy Speaker presides; and
(c) in the absence of the Speaker and the Deputy Speaker,...