Kenyan Acts and Sections — Page 12

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…

Article 151 of The Constitution of Kenya: Remuneration and benefits of President and Deputy President.

(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…

Article 152 of The Constitution of Kenya: Cabinet.

(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…

Article 153 of The Constitution of Kenya: Decisions, responsibility and accountability of the Cabinet.

(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…

Article 154 of The Constitution of Kenya: Secretary to the Cabinet.

(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…

Article 155 of The Constitution of Kenya: Principal Secretaries.

(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…

Article 156 of The Constitution of Kenya: Attorney-General.

(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…

Article 157 of The Constitution of Kenya: Director of Public Prosecutions.

(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…

Article 158 of The Constitution of Kenya: Removal and resignation of Director of Public Prosecutions.

(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)…

Article 159 of The Constitution of Kenya: Judicial authority.

(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,…

Article 160 of The Constitution of Kenya: Independence of the Judiciary.

(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…

Article 161 of The Constitution of Kenya: Judicial offices and officers.

(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…

Article 162 of The Constitution of Kenya: System of courts.

(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…

Article 163 of The Constitution of Kenya: Supreme Court.

(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…

Article 164 of The Constitution of Kenya: Court of Appeal.

(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…

Acts and laws in Kenya

Provisions