Article 90 of The Constitution of Kenya: Allocation of party list seats.
(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 Commission shall be responsiblefor the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
(b) except in the case of the seats provided for under Article 98(1)(b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
(3) The seats referred to in clause (1) shall be allocated to political parties inproportion to the total number of seats won by candidates of the political party at the general election.
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(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...
- Article 92 - Legislation on political parties.
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...
- Article 93 - Establishment of Parliament.
(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...
- Article 94 - Role of Parliament.
(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,...
- Article 95 - Role of the National Assembly.
(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...
- Article 96 - Role of the Senate.
(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...
- Article 97 - Membership of the National Assembly.
(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...
- Article 98 - Membership of the Senate.
(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...
- Article 99 - Qualifications and disqualifications for election as member of Parliament.
(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...
- Article 100 - Promotion of representation of marginalised groups.
Parliament shall enact legislation to promote the representation in
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(b) persons with disabilities;
(c) youth;
(d) ethnic and other minorities; and
marginalised...
- Article 101 - Election of members of Parliament.
(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...
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(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...
- Article 103 - Vacation of office of member of Parliament.
(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...
- Article 104 - Right of recall.
(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)...
- Article 105 - Determination of questions of membership.
(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...
- Article 106 - Speakers and Deputy Speakers of Parliament.
(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...
- Article 107 - Presiding in Parliament.
(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,...
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(1) There shall be a leader of the majority party and a leader of the minority party.
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- Article 109 - Exercise of legislative powers.
(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...
- Article 110 - Bills concerning county government.
(1) In this Constitution, "a Bill concerning county government" means—
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- Article 111 - Special Bills concerning county governments.
(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...
- Article 112 - Ordinary Bills concerning county governments.
(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...
- Article 113 - Mediation committees.
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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...
- Article 115 - Presidential assent and referral.
(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...
- Article 116 - Coming into force of laws.
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...
- Article 117 - Powers, privileges and immunities.
(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,...
- Article 118 - Public access and participation.
(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...
- Article 119 - Right to petition Parliament.
(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...
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(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)...
- Article 121 - Quorum.
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.
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(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...
- Article 123 - Decisions of Senate.
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- Article 124 - Committees and Standing Orders.
(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...
- Article 125 - Power to call for evidence.
(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...
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(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...
- Article 127 - Parliamentary Service Commission.
(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...
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(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...
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(1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.
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- Article 130 - The National Executive.
(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...
- Article 131 - Authority of the President.
(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...
- Article 132 - Functions of the President.
(1) The President shall—
(a) address the opening of each newly elected Parliament;
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(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...
- Article 134 - Exercise of presidential powers during temporary incumbency.
(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...
- Article 135 - 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 - 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...
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(1) A person qualifies for nomination as a presidential candidate if the person—
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(b) is qualified to stand for election as a member of Parliament;
(c) is nominated by a...
- Article 138 - 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...
- Article 139 - 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...
- Article 140 - Questions as to validity of presidential election.
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