The Constitution of Kenya — Sections and Provisions — Page 5

Article 121 of The Constitution of Kenya: Quorum.

The quorum of Parliament shall be– (a) fifty members, in the case of the National Assembly; or (b) fifteen members, in the case of the Senate.

Article 122 of The Constitution of Kenya: 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 voting. (2) On a question proposed for decision in either House—(a) the Speaker has no vote; and (b) in…

Article 123 of The Constitution of Kenya: 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 under Article 98(1)(a) shall be the head of the delegation. (2) When the Senate is to vote on any ma…

Article 124 of The Constitution of Kenya: 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 establish joint committees consisting of members of bothHouses and may jointly regulate the procedure of t…

Article 125 of The Constitution of Kenya: 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 clause (1), a House of Parliament and any of its committees has the same powers as the High Court— (a) to…

Article 126 of The Constitution of Kenya: Location of sittings of Parliament.

(1) A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints. (2) Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more tha…

Article 127 of The Constitution of Kenya: Parliamentary Service Commission.

(1) There is established the Parliamentary Service Commission. (2) The Commission consists of— (a) the Speaker of the National Assembly, as chairperson; (b) a vice-chairperson elected by the Commission from the members appointed under paragraph (c); (c) seven members appointed by Parliament from amo…

Article 128 of The Constitution of Kenya: 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 members of the staff of the Clerks shall be offices in the Parliamentary Service.

Article 129 of The Constitution of Kenya: 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 principle of service to the people of Kenya, and for their well-being and benefit.

Article 130 of The Constitution of Kenya: 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 ethnic diversity of the people of Kenya.

Article 131 of The Constitution of Kenya: Authority of the President.

(1) The President— (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 Commander-in-Chief of the Kenya Defence Forces; (d) is the chairperson of the National Security Council;…

Article 132 of The Constitution of Kenya: Functions of the President.

(1) The President shall— (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; and (c) once every year— (i) report, in an address to the nation, on all the measures taken and the progress ac…

Article 133 of The Constitution of Kenya: 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), by— (a) granting a free or conditional pardon to a person convicted of an offence; (b) postponing the carrying out of a punishment, eit…

Article 134 of The Constitution of Kenya: Exercise of presidential powers during temporary incumbency.

(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President— (a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or (b) whi…

Article 135 of The Constitution of Kenya: 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 of The Constitution of Kenya: 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 election of the President shall be held— (a) on the same day as a general election of Members of Parliament…

Article 137 of The Constitution of Kenya: Qualifications and disqualifications for election as President.

(1) A person qualifies for nomination as a presidential candidate if the person— (a) is a citizen by birth; (b) is qualified to stand for election as a member of Parliament; (c) is nominated by a political party, or is an independent candidate; and (d) is nominated by not fewer than two thousand vot…

Article 138 of The Constitution of Kenya: 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 beheld in each constituency. (3) In a presidential election— (a) all persons registered as voters for the purposes of parliamen…

Article 139 of The Constitution of Kenya: Death before assuming office.

(1) If a President-elect dies after being declared elected as President, but before assuming office— (a) the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been swornin; and (b) a fresh election to the office of President sh…

Article 140 of The Constitution of Kenya: Questions as to validity of presidential election.

1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election. (2) Within fourteen days after the filing of a petition under clause (1), theSupreme Court shall hear…

Article 141 of The Constitution of Kenya: 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 on the first Tuesday following— (a) the fourteenth day after the date of the declaration of the result…

Article 142 of The Constitution of Kenya: 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 sworn in. (2) A person shall not hold office as President for more than two terms.

Article 143 of The Constitution of Kenya: 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 proceedings shall not be instituted in any court against the Presidentor the person performing the functions…

Article 144 of The Constitution of Kenya: Removal of President on grounds of incapacity.

(1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office. (2) If a motion under clause (1) is supported by a majority of all the members ofthe N…

Article 145 of The Constitution of Kenya: 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 President— (a) on the ground of a gross violation of a provision of this Constitution or of any other law; (b) where there are serious reasons for believing that the…

Article 146 of The Constitution of Kenya: Vacancy in the office of President.

(1) The office of President shall become vacant if the holder of the office — (a) dies; (b) resigns, in writing, addressed to the Speaker of the National Assembly; or (c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution. (2) When a vacancy oc…

Article 147 of The Constitution of Kenya: 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 President’s functions. (2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President…

Article 148 of The Constitution of Kenya: Election and swearing-in of Deputy President.

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President. (2) For the purposes of clause (1), there shall be no separate nomination processfor the Deputy President and Article 137(1)(d) shall…

Article 149 of The Constitution of Kenya: Vacancy in the office of Deputy President.

(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it. (2) If a person assumes office as Deputy President under clause (…

Article 150 of The Constitution of Kenya: Removal of Deputy President.

(1) The Deputy President may be removed from office— (a) on the ground of physical or mental incapacity to perform the functions of the office; or (b) on impeachment— (i) on the ground of a gross violation of a provision of this Constitution or any other law; (ii) where there are serious reasons to…