Provisions
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(1) The High Court shall hear and determine any question whether— (a) a person has been validly elected as a member of Parliament; or (b) the seat of a member has become vacant. (2) A question under clause (1) shall be heard and determined within six monthsof the date of lodging the petition. (3) Pa…
(1) There shall be— (a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and (b) a Deputy Speaker for each House of Parliament, who…
(1) At any sitting of a House of Parliament— (a) the Speaker presides; (b) in the absence of the Speaker, the Deputy Speaker presides; and (c) in the absence of the Speaker and the Deputy Speaker, another member of the House elected by the House presides. (2) At a joint sitting of the Houses of Parl…
(1) There shall be a leader of the majority party and a leader of the minority party. (2) The leader of the majority party shall be the person who is the leader in theNational Assembly of the largest party or coalition of parties. (3) The leader of the minority party shall be the person who is the l…
(1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President. (2) Any Bill may originate in the National Assembly. (3) A Bill not concerning county government is considered only in the NationalAssembly, and passed in accordance with Article…
(1) In this Constitution, "a Bill concerning county government" means— (a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule; (b) a Bill relating to the election of members of a county assembly or a county executive; and (c) a Bi…
(1) A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3). (2) The National Assembly may amend or veto a special Bill that has been passedby the Senate only by a resolution supported by at least…
(1) If one House passes an ordinary Bill concerning counties, and the second House— (a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; or (b) passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration. (2)…
(1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass. (2) If the mediation committee agrees on…
1) A money Bill may not deal with any matter other than those listed in the definition of "a money Bill" in clause (3). (2) If, in the opinion of the Speaker of the National Assembly, a motion makesprovision for a matter listed in the definition of "a money Bill", the Assembly may proceed only in ac…
(1) Within fourteen days after receipt of a Bill, the President shall— (a) assent to the Bill; or (b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill. (2) If the President refers a Bill back for reconsideration,…
1) A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after-assent. (2) Subject to clause (3), an Act of Parliament comes into force on the fourteenthday after its publication in the Gazette, unless the Act stipula…
(1) There shall be freedom of speech and debate in Parliament. (2) Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of Parliament, its committees, the leader of the majority party, the leader of th…
(1) Parliament shall— (a) conduct its business in an open manner, and its sittings and those of its committees shall be in public; and (b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees. (2) Parliament may not exclude the public…
(1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation. (2) Parliament shall make provision for the procedure for the exercise of this right.
(1) The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language. (2) In case of a conflict between different language versions of an Act of Parliament, the version signed by…
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.
(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…
(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…
(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…
(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…
(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…
(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…
(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.
(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.
(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.
(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;…
(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…
(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…
(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…