Article 121 - Quorum.
The quorum of Parliament shall beâ
(a) fifty members, in the case of the National Assembly; or (b) fifteen members, in the case of the Senate.
Article 122 - Voting in Parliament.
(1) Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and...
Article 123 - Decisions of Senate.
(1) On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected...
Article 124 - Committees and Standing Orders.
(1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.
(2) Parliament may...
Article 125 - Power to call for evidence.
(1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of...
Article 127 - Parliamentary Service Commission.
(1) There is established the Parliamentary Service Commission.
(2) The Commission consists ofâ
(a) the Speaker of the National Assembly, as chairperson;
(b) a vice-chairperson elected by the...
Article 128 - Clerks and staff of Parliament.
(1) There shall be a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the relevant House.
(2) The offices of the Clerks and offices of...
Article 129 - Principles of executive authority.
(1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.
(2) Executive authority shall be exercised in a manner compatible with the...
Article 130 - The National Executive.
(1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.
(2) The composition of the national executive shall reflect the regional and...
Article 131 - Authority of the President.
(1) The Presidentâ
(a) is the Head of State and Government;
(b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;
(c) is the...
Article 132 - Functions of the President.
(1) The President shallâ
(a) address the opening of each newly elected Parliament;
(b) address a special sitting of Parliament once every year and may address Parliament at any other time;...
Article 133 - Power of mercy.
(1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), byâ
(a) granting a free or...
Article 135 - Decisions of the President.
A decision of the President in the performance of any function of thePresident under this Constitution shall be in writing and shall bear the seal and signature of the President.
Article 136 - Election of the President.
(1) The President shall be elected by registered voters in a national electionconducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.
(2) An...
Article 139 - Death before assuming office.
(1) If a President-elect dies after being declared elected as President, but before assuming officeâ
(a) the Deputy President-elect shall be sworn in as acting President on the date on which the...
Article 141 - Assumption of office of President.
(1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.
(2) The President-elect shall be sworn in...
Article 142 - Term of office of President.
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136(2)(a) is...
Article 143 - Protection from legal proceedings.
(1) Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office.
(2) Civil...
Article 145 - Removal of President by impeachment.
(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the Presidentâ
(a) on the ground of a gross violation of a provision...
Article 146 - Vacancy in the office of President.
(1) The office of President shall become vacant if the holder of the office â (a) dies;
(b) resigns, in writing, addressed to the Speaker of the National Assembly; or
(c) otherwise ceases to hold...
Article 147 - Functions of the Deputy President.
(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the Presidentâs functions.
(2) The Deputy President shall perform...
Article 150 - Removal of Deputy President.
(1) The Deputy President may be removed from officeâ
(a) on the ground of physical or mental incapacity to perform the functions of the office; or
(b) on impeachmentâ
(i) on the ground of a gross...
Article 152 - Cabinet.
(1) The Cabinet consists ofâ
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
(2) The...
Article 154 - Secretary to the Cabinet.
(1) There is established the office of Secretary to the Cabinet, which is an office in the public service.
(2) The Secretary to the Cabinet shallâ
(a) be nominated and, with the approval of the...
Article 155 - Principal Secretaries.
(1) There is established the office of Principal Secretary, which is an office in the public service.
(2) Each State department shall be under the administration of a PrincipalSecretary.
(3) The...
Article 156 - Attorney-General.
(1) There is established the office of Attorney-General.
(2) The Attorney-General shall be nominated by the President and, with theapproval of the National Assembly, appointed by the...
Article 157 - Director of Public Prosecutions.
(1) There is established the office of Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall be nominated and, with the approvalof the National Assembly, appointed by the...
Article 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,...
Article 160 - Independence of the Judiciary.
(1) In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of...
Article 161 - Judicial offices and officers.
(1) The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.
(2) There is established the office ofâ
(a) Chief Justice, who shall be the Head of...
Article 162 - System of courts.
(1) The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts referred to in clause (2).
(2) Parliament shall establish courts with the status of the High Court...
Article 163 - Supreme Court.
(1) There is established the Supreme Court, which shall consist ofâ
(a) the Chief Justice, who shall be the president of the court.
(b) the Deputy Chief Justice, who shallâ (i) deputise for the...
Article 164 - Court of Appeal.
(1) There is established the Court of Appeal, whichâ
(a) shall consist of the number of judges, being not fewer than twelve, as may be prescribed by an Act of Parliament; and
(b) shall be organised...
Article 165 - High Court.
(1) There is established the High Court, whichâ
(a) shall consist of the number of judges prescribed by an Act of Parliament; and
(b) shall be organised and administered in the manner prescribed by...
Article 168 - Removal from office.
(1) A judge of a superior court may be removed from office only on the grounds ofâ
(a) inability to perform the functions of office arising from mental or physical incapacity;
(b) a breach of a...
Article 169 - Subordinate courts.
(1) The subordinate courts areâ (a) the Magistrates' courts;
(b) the Kadhisâ courts;
(c) the Courts Martial; and
(d) any other court or local tribunal as may be established by an Act of...
Article 170 - Kadhisâ courts.
(1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
(2) A person shall not be qualified to be appointed to...