Provisions
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(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…
(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…
(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…
(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…
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.
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…
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…
(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…
(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…
In every election, all candidates and all political parties shall complywith the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
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…
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…
(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…
(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…
(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…
(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…
(1) Every political party shall— (a) have a national character as prescribed by an Act of Parliament; (b) have a democratically elected governing body; (c) promote and uphold national unity; (d) abide by the democratic principles of good governance, promote and practise democracy through regular, fa…
Parliament shall enact legislation to provide for— (a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns; (b) the regulation of freedom to broadcast in order to e…
(1) There is established a Parliament of Kenya, which shall consist of theNational Assembly and the Senate. (2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.
(1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament. (2) Parliament manifests the diversity of the nation, represents the will of thepeople, and exercises their sovereignty. (3) Parliament may consider and pass…
(1) The National Assembly represents the people of the constituencies and special interests in the National Assembly. (2) The National Assembly deliberates on and resolves issues of concern to thepeople. (3) The National Assembly enacts legislation in accordance with Part 4 of thisChapter. (4) The N…
(1) The Senate represents the counties, and serves to protect the interests of the counties and their governments. (2) The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113. (3) The Senate…
(1) The National Assembly consists of— (a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; (c) twelve members no…
(1) The Senate consists of— (a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under…
(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and (c) is nominated by a polit…
Parliament shall enact legislation to promote the representation in Parliament of— (a) women; (b) persons with disabilities; (c) youth; (d) ethnic and other minorities; and marginalised communities.
(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. (2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1)(c), or of the Senate under Article 98(1) (b), (c) or (d), the respective Speaker sha…
(1) The term of each House of Parliament expires on the date of the next general election. (2) When Kenya is at war, Parliament may, by resolution supported in each Houseby at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six month…
(1) The office of a member of Parliament becomes vacant— (a) if the member dies; (b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absenc…
(1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament. (2) Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the pr…