The Constitution of Kenya — Sections and Provisions — Page 3

Article 61 of The Constitution of Kenya: 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 of The Constitution of Kenya: Public land.

(1) Public land is— (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 by any State organ, except any such land that is occupied by the State organ as lessee under a private…

Article 63 of The Constitution of Kenya: 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 of— (a) land lawfully registered in the name of group representatives under the provisions of any law; (b) land lawfully transferred…

Article 64 of The Constitution of Kenya: Private land.

Private land consists of — (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 an Act of Parliament.

Article 65 of The Constitution of Kenya: 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, deed, conveyance or document of whatevernature purports to confer on a person who is not a citizen an in…

Article 66 of The Constitution of Kenya: Regulation of land use and property.

(1) The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning. (2) Parliament shall enact legislation ensuring that investments in property benefit local communi…

Article 67 of The Constitution of Kenya: National Land Commission.

(1) There is established the National Land Commission. (2) The functions of the National Land Commission are— (a) to manage public land on behalf of the national and county governments; (b) to recommend a national land policy to the national government; (c) to advise the national government on a com…

Article 68 of The Constitution of Kenya: Legislation on land.

Parliament shall— (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 legislation— (i) to prescribe minimum and maximum land holding acreages in respect of private land; (ii) to regula…

Article 69 of The Constitution of Kenya: Obligations in respect of the environment.

(1) The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; (b) work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; (c…

Article 70 of The Constitution of Kenya: 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, the person may apply to a court for redress in addition to any other legal remedies that are available i…

Article 71 of The Constitution of Kenya: Agreements relating to natural resources.

(1) A transaction is subject to ratification by Parliament if it— (a) 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; and (b) is entered into on or after the effecti…

Article 72 of The Constitution of Kenya: Legislation relating to the environment.

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

Article 73 of The Constitution of Kenya: 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 con…

Article 74 of The Constitution of Kenya: 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 prescribed by the Third Schedule or under an Act of Parliament.

Article 75 of The Constitution of Kenya: 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 avoids— (a) any conflict between personal interests and public or official duties; (b) compromising any public or official interest in favour of a personal in…

Article 76 of The Constitution of Kenya: 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 o…

Article 77 of The Constitution of Kenya: 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 nothold more than two concurrent remunerative positions as c…

Article 78 of The Constitution of Kenya: 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 dualcitizenship. (3) Clauses (1) and (2) do not apply to— (a) judges and members of commissions; or (b) any person…

Article 79 of The Constitution of Kenya: Legislation to establish the ethics and anti-corruption commission.

Parliament shall enact legislation to establish an independent ethics andanti-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.

Article 80 of The Constitution of Kenya: 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 appli…

Article 81 of The Constitution of Kenya: General principles for the electoral system.

The electoral system shall comply with the following principles—(a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (c) fair representation of persons with disabilities; (d) un…

Article 82 of The Constitution of Kenya: Legislation on elections.

(1) Parliament shall enact legislation to provide for— (a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies; (b) the nomination of candidates; (c) the continuous registration of citizens…

Article 83 of The Constitution of Kenya: Registration as a voter.

(1) A person qualifies for registration as a voter at elections or referenda if the person— (a) is an adult citizen; (b) is not declared to be of unsound mind; and (c) has not been convicted of an election offence during the preceding five years. (2) A citizen who qualifies for registration as a vot…

Article 84 of The Constitution of Kenya: Candidates for election and political parties to comply with code of conduct.

In every election, all candidates and all political parties shall complywith the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

Article 85 of The Constitution of Kenya: Eligibility to stand as an independent candidate.

Any person is eligible to stand as an independent candidate for election ifthe person— (a) is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and (b) satisfies the requirements of— (i) Article 99(1)(c)(i) o…

Article 86 of The Constitution of Kenya: Voting.

At every election, the Independent Electoral and Boundaries Commissionshall ensure that— (a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent; (b) the votes cast are counted, tabulated and the results announced promptly by the presiding…

Article 87 of The Constitution of Kenya: 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 within twenty-eight days after the declaration of the election results by the Independent Electoral and Bo…

Article 88 of The Constitution of Kenya: Independent Electoral and Boundaries Commission.

(1) There is established the Independent Electoral and Boundaries Commission. (2) A person is not eligible for appointment as a member of the Commission ifthe person— (a) has, at any time within the preceding five years, held office, or stood for election as— (i) a member of Parliament or of a count…

Article 89 of The Constitution of Kenya: 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 Boundaries Commission shall review thenames and boundaries of constituencies at intervals of not less…

Article 90 of The Constitution of Kenya: 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 proportional representation by use of party lists. (2) The Independent Electoral and Boundaries Commiss…