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Browse Acts ↓(1) The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund. (2) The remuneration, benefits and privileges of the President and DeputyPresident shall not be varied to their disadvantage while in office. (3) The retirement benefits pa…
(1) The Cabinet consists of— (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 President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries. (3) A C…
(1) A decision by the Cabinet shall be in writing. (2) Cabinet Secretaries are accountable individually, and collectively, to thePresident for the exercise of their powers and the performance of their functions. (3) A Cabinet Secretary shall attend before a committee of the National Assembly, or the…
(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 shall— (a) be nominated and, with the approval of the National Assembly, appointed by the President; and (b) may be dismissed by the President. (3) The Secretar…
(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 President shall— (a) nominate a person for appointment as Principal Secretary from among persons recommen…
(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 President. (3) The qualifications for appointment as Attorney-General are the same as forappointment to the office of…
(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 President. (3) The qualifications for appointment as Director of Public Prosecutions are thesame as for…
(1) The Director of Public Prosecutions may be removed from office only on the grounds of— (a) inability to perform the functions of office arising from mental or physical incapacity; (b) non-compliance with Chapter Six; (c) bankruptcy; (d) incompetence; or (e) gross misconduct or misbehaviour. (2)…
(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, the courts and tribunals shall be guided bythe following principles— (a) justice shall be done to all,…
(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 any person or authority. (2) The office of a judge of a superior court shall not be abolished while…
(1) The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff. (2) There is established the office of— (a) Chief Justice, who shall be the Head of the Judiciary; (b) Deputy Chief Justice, who shall be the Deputy Head of the Judiciary; and (c) Chief R…
(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 to hearand determine disputes relating to— (a) employment and labour relations; and (b) the environment…
(1) There is established the Supreme Court, which shall consist of— (a) the Chief Justice, who shall be the president of the court. (b) the Deputy Chief Justice, who shall— (i) deputise for the Chief Justice; and (ii) be the vice-president of the court; and (c) five other judges. (2) The Supreme Cou…
(1) There is established the Court of Appeal, which— (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 and administered in the manner prescribed by an Act of Parliament. (2) There shall be a president of t…
(1) There is established the High Court, which— (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 an Act of Parliament. (2) There shall be a Principal Judge of the High Court, who shall be elected by…
(1) The President shall appoint— (a) the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and (b) all other judges, in accordance with the recommendation of the Judicial Service…
(1) A judge shall retire from office on attaining the age of seventy years but may elect to retire at any time after attaining the age of sixty-five years. (2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier. (3) If the Chie…
(1) A judge of a superior court may be removed from office only on the grounds of— (a) inability to perform the functions of office arising from mental or physical incapacity; (b) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; (c) bankruptcy; (d)…
(1) The subordinate courts are— (a) the Magistrates' courts; (b) the Kadhis’ courts; (c) the Courts Martial; and (d) any other court or local tribunal as may be established by an Act of Parliament, other than the courts established as required by Article 162(2). (2) Parliament shall enact legislatio…
(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 hold or act in the office of Kadhi unless the person— (a) professes the Muslim religion; and (b) posse…
1) There is established the Judicial Service Commission. (2) The Commission shall consist of— (a) the Chief Justice, who shall be the chairperson of the Commission; (b) one Supreme Court judge elected by the judges of the Supreme Court; (c) one Court of Appeal judge elected by the judges of the Cour…
(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall— (a) recommend to the President persons for appointment as judges; (b) review and make recommendation…
(1) There is established a fund to be known as the Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary. (2) The Fund shall be used for administrative expenses of the Judiciary andsuch other purposes as may be necessary for the discharge of the functions of the Judiciar…
174. The objects of the devolution of government are—(a) to promote democratic and accountable exercise of power; (b) to foster national unity by recognising diversity; (c) to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of th…
175. County governments established under this Constitution shall reflect thefollowing principles— (a) county governments shall be based on democratic principles and the separation of powers; (b) county governments shall have reliable sources of revenue to enable them to govern and deliver services…
176. (1) There shall be a county government for each county, consisting of acounty assembly and a county executive. (2) Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so.
(1) A county assembly consists of— (a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; (b) the number of special seat m…
1) Each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly. (2) A sitting of the county assembly shall be presided over by—(a) the speaker of the assembly; or (b) in the absence of the speaker, another member of the assembly ele…
(1) The executive authority of the county is vested in, and exercised by, a county executive committee. (2) The county executive committee consists of— (a) the county governor and the deputy county governor; and (b) members appointed by the county governor, with the approval of the assembly, from am…
(1) The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year. (2) To be eligible for election as county governor, a person must be eligible for electio…