Disclaimer: This document is not to be taken as legal advise.

Bookmark this Page

Cited By:

---

---

More Articles

---

• 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...

• Article 120 - Official languages of Parliament.
  

  (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.

• Article 122 - Voting in Parliament.
  

  (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.
  

  (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...

• 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...

• Article 126 - Location of sittings of Parliament.
  

  (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...

• Article 128 - Clerks and staff of Parliament.
  

  (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...

• Article 129 - Principles of executive authority.
  

  (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...

• 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; (b) address a special sitting of Parliament once every year and may address Parliament at any other time;...

• Article 133 - Power of mercy.
  

  (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...

• Article 137 - 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...

• 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.
  

  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...

• Article 141 - 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...

• Article 142 - 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...

• Article 143 - 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...

• Article 144 - 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...

• Article 145 - 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...

• Article 146 - 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...

• Article 147 - 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...

• Article 148 - 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...

• Article 149 - 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...

• Article 150 - 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...

• Article 151 - 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...

• Article 152 - 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...

• Article 153 - 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...

• Article 154 - 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...

• Article 155 - 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...

• Article 156 - 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...

• Article 157 - 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...

• Article 158 - 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...

• Article 159 - 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,...

• Article 160 - 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...

• Article 161 - 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...

• Article 162 - 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...

• Article 163 - 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...

• Article 164 - 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...

• Article 165 - High Court.
  

  (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...

• Article 166 - Appointment of Chief Justice, Deputy Chief Justice and other judges.
  

  (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...

• Article 167 - Tenure of office of the Chief Justice and other judges.
  

  (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...

• Article 168 - Removal from office.
  

  (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...