Browse an Act, find a provision and read each section in context.
Browse Acts ↓(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…
(1) A county governor may be removed from office on any of the following grounds— (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gr…
(1) The office of the county governor shall become vacant if the holder of the office— (a) dies; (b) resigns, in writing, addressed to the speaker of the county assembly; (c) ceases to be eligible to be elected county governor under Article 180(2); (d) is convicted of an offence punishable by impris…
(1) A county executive committee shall— (a) implement county legislation; (b) implement, within the county, national legislation to the extent that the legislation so requires; (c) manage and coordinate the functions of the county administration and its departments; and (d) perform any other functio…
(1) National legislation shall provide for the governance and management of urban areas and cities and shall, in particular— (a) establish criteria for classifying areas as urban areas and cities; (b) establish the principles of governance and management of urban areas and cities; and (c) provide fo…
(1) The legislative authority of a county is vested in, and exercised by, its county assembly. (2) A county assembly may make any laws that are necessary for, or incidental to,the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule. (3…
1) Except as otherwise provided by this Constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the Fourth Schedule. (2) A function or power that is conferred on more than one level of governmentis a function or power within the c…
(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if— (a) the function or power would be more effectively performed or exercised by the receiving government; and (b) the transfer of the function or power is n…
(1) The boundaries of a county may be altered only by a resolution— (a) recommended by an independent commission set up for that purpose by Parliament; and (b) passed by— (i) the National Assembly, with the support of at least two-thirds of all of the members of the Assembly; and (ii) the Senate, wi…
1) Government at either level shall— (a) perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of government at the other level and, in the case of…
(1) Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions. (2) County governments shall operate financial management systems that comply with any requirements prescribed by national legislation. (3) Parliament shall, by legisla…
(1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government. (2) National legislation prevails over county legislation if— (a) the national legislation applies uniformly throughout Kenya a…
(1) The President may suspend a county government— (a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances. (2) A county government shall not be suspended under clause (1)(b) unless anindependent commission of inquiry has investigated allegations ag…
(1) Unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or an Act of Parliament; and (c) is either— (i) nomi…
(1) The office of a member of a county assembly becomes vacant— (a) if the member dies; (b) if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence; (c) if the member i…