Provisions
264 results
(1) There are established the Kenya Defence Forces. (2) The Kenya Defence Forces consist of—(a) the Kenya Army; (b) the Kenya Air Force; and (c) the Kenya Navy. (3) The Kenya Defence Forces— (a) are responsible for the defence and protection of the sovereignty and territorial integrity of the Republ…
(1) There is established the National Intelligence Service. (2) The National Intelligence Service— (a) is responsible for security intelligence and counter intelligence to enhance national security in accordance with this Constitution; and (b) performs any other functions prescribed by national legi…
(1) There is established the National Police Service. (2) The National Police Service consists of—(a) the Kenya Police Service; and (b) the Administration Police Service. (3) The National Police Service is a national service and shall function throughout Kenya. (4) Parliament shall enact legislation…
The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train s…
245. (1) There is established the office of the Inspector-General of the National Police Service. (2) The Inspector-General— (a) is appointed by the President with the approval of Parliament; and (b) shall exercise independent command over the National Police Service, and perform any other functions…
(1) There is established the National Police Service Commission. (2) The Commission consists of— (a) the following persons, each appointed by the President— (i) a person who is qualified to be appointed as a High Court Judge; (ii) two retired senior police officers; and (iii) three persons of integr…
Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector General of the Service.
1) This Chapter applies to the commissions specified in clause (2) and theindependent offices specified in clause (3), except to the extent that this Constitution provides otherwise. (2) The commissions are— (a) the Kenya National Human Rights and Equality Commission; (b) the National Land Commissio…
(1) The objects of the commissions and the independent offices are to— (a) protect the sovereignty of the people; (b) secure the observance by all State organs of democratic values and principles; and (c) promote constitutionalism. (2) The commissions and the holders of independent offices—(a) are s…
(1) Each commission shall consist of at least three, but not more than nine, members. (2) The chairperson and each member of a commission, and the holder of anindependent office, shall be— (a) identified and recommended for appointment in a manner prescribed by national legislation; (b) approved by…
(1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for— (a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct, whether in the performance of the…
1) Each commission, and each holder of an independent office— (a) may conduct investigations on its own initiative or on a complaint made by a member of the public; (b) has the powers necessary for conciliation, mediation and negotiation; (c) shall recruit its own staff; and (d) may perform any func…
Each commission and each independent office— (a) is a body corporate with perpetual succession and a seal; and (b) is capable of suing and being sued in its corporate name.
1) As soon as practicable after the end of each financial year, eachcommission, and each holder of an independent office, shall submit a report to the President and to Parliament. (2) At any time, the President, the National Assembly or the Senate may requirea commission or holder of an independent…
(1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters— (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sove…
(1) A Bill to amend this Constitution— (a) may be introduced in either House of Parliament; (b) may not address any other matter apart from consequential amendments to legislation arising from the Bill; (c) shall not be called for second reading in either House within ninety days after the first rea…
1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters. (2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill. (3) If a popular initiative is in the f…
1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention. (2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by— (a) a person acting on behalf of…
(1) This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles; (b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and (d) contributes to good governance. (2) If the…
In this Constitution, unless the context requires otherwise— "adult" means an individual who has attained the age of eighteen years; "affirmative action" includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom; "chi…
(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date. (2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at leas…
The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date.
This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is the earlier.
Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the effective date shall stand repealed on the effective date.