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

Bookmark this Page

Cited By:

---

---

More Articles

---

• 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...

• Article 169 - Subordinate courts.
  

  (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...

• Article 170 - Kadhis’ courts.
  

  (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...

• Article 171 - Establishment of the Judicial Service Commission.
  

  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...

• Article 172 - Functions of the Judicial Service Commission.
  

  (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...

• Article 173 - Judiciary Fund.
  

  (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...

• Article 174 - Objects of devolution.
  

  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...

• Article 175 - Principles of devolved government.
  

  175. County governments established under this Constitution shall reflect thefollowing principles— (a) county governments shall be based on democratic principles and the separation of...

• Article 176 - County governments.
  

  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...

• Article 177 - Membership of county assembly.
  

  (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...

• Article 178 - Speaker of a county assembly.
  

  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...

• Article 179 - County executive committees.
  

  (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...

• Article 180 - Election of county governor and deputy county governor.
  

  (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...

• Article 181 - Removal of a county governor.
  

  (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...

• Article 182 - Vacancy in the office of county governor.
  

  (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...

• Article 183 - Functions of county executive committees.
  

  (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...

• Article 184 - Urban areas and cities.
  

  (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...

• Article 185 - Legislative authority of county assemblies.
  

  (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...

• Article 186 - Respective functions and powers of national and county governments.
  

  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...

• Article 187 - Transfer of functions and powers between levels of government.
  

  (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...

• Article 188 - Boundaries of counties.
  

  (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...

• Article 189 - Cooperation between national and county governments.
  

  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...