Article 170 of The Constitution of Kenya: 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 hold or act in the office of
Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5) The jurisdiction of a Kadhi's court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhis' courts.
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- 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...
- Article 190 - Support for county governments.
(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...
- Article 191 - Conflict of laws.
(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...
- Article 192 - Suspension of a county government.
(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...
- Article 193 - Qualifications for election as member of county assembly.
(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...
- Article 194 - Vacation of office of member of county assembly.
(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...
- Article 195 - County assembly power to summon witnesses.
(1) A county assembly or 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 clause (1), an...
- Article 196 - Public participation and county assembly powers, privileges and immunities.
(1) A county assembly shall—
(a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
(b) facilitate public participation and involvement in...
- Article 197 - County assembly gender balance and diversity.
(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
(2) Parliament shall enact legislation to—
(a) ensure that the...
- Article 198 - County government during transition.
While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions...
- Article 199 - Publication of county legislation.
(1) County legislation does not take effect unless published in the Gazette.
(2) National and county legislation may prescribe additional requirements in respect of the publication of county...
- Article 200 - Legislation on Chapter.
(1) Parliament shall enact legislation providing for all matters necessary or convenient to give effect to this Chapter.
(2) In particular, provision may be made with respect to—
(a) the...
- Article 201 - Principles of public finance.
201. The following principles shall guide all aspects of public finance in theRepublic—
(a) there shall be openness and accountability, including public participation in financial matters;
(b) the...
- Article 202 - Equitable sharing of national revenue.
(1) Revenue raised nationally shall be shared equitably among the nationaland county governments.
(2) County governments may be given additional allocations from the national government’s share of...
- Article 203 - Equitable share and other financial laws.
(1) The following criteria shall be taken into account in determining the equitable shares provided for under Article 202 and in all national legislation concerning county government enacted in terms...
- Article 204 - Equalisation Fund.
. (1) There is established an Equalisation Fund into which shall be paid one half per cent of all the revenue collected by the national government each year calculated on the basis of the most...
- Article 205 - Consultation on financial legislation affecting counties.
(1) When a Bill that includes provisions dealing with the sharing of revenue, or any financial matter concerning county governments is published, the Commission on Revenue Allocation shall consider...
- Article 206 - Consolidated Fund and other public funds.
(1) There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government, except money that—
(a) is reasonably excluded from...
- Article 207 - Revenue Funds for county governments.
(1) There shall be established a Revenue Fund for each county government, into which shall be paid all money raised or received by or on behalf of the county government, except money reasonably...
- Article 208 - Contingencies Fund.
(1) There is established a Contingencies Fund, the operation of which shall be in accordance with an Act of Parliament.
(2) An Act of Parliament shall provide for advances from the Contingencies...
- Article 209 - Power to impose taxes and charges.
(1) Only the national government may impose— (a) income tax;
(b) value-added tax;
(c) customs duties and other duties on import and export goods; and (d) excise tax.
(2) An Act of Parliament may...
- Article 210 - Imposition of tax.
(1) No tax or licensing fee may be imposed, waived or varied except as provided by legislation.
(2) If legislation permits the waiver of any tax or licensing fee—
(a) a public record of each waiver...
- Article 211 - Borrowing by national government.
(1) Parliament may, by legislation—
(a) prescribe the terms on which the national government may borrow; and (b) impose reporting requirements.
(2) Within seven days after either House of...
- Article 212 - Borrowing by counties.
A county government may borrow only—
(a) if the national government guarantees the loan; and
(b) with the approval of the county government’s assembly.
- Article 213 - Loan guarantees by national government.
(1) An Act of Parliament shall prescribe terms and conditions under which the national government may guarantee loans.
(2) Within two months after the end of each financial year, the national...
- Article 214 - Public debt.
(1) The public debt is a charge on the Consolidated Fund, but an Act of Parliament may provide for charging all or part of the public debt to other public funds.
(2) For the purposes of this...
- Article 215 - Commission on Revenue Allocation.
1) There is established the Commission on Revenue Allocation.
(2) The Commission shall consist of the following persons appointed by thePresident—
(a) a chairperson, who shall be nominated by the...
- Article 216 - Functions of the Commission on Revenue Allocation.
(1) The principal function of the Commission on Revenue Allocation is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government—
(a) between...
- Article 217 - Division of revenue.
1) Once every five years, the Senate shall, by resolution, determine the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of...
- Article 218 - Annual Division and Allocation of Revenue Bills.
. (1) At least two months before the end of each financial year, there shall be introduced in Parliament—
(a) a Division of Revenue Bill, which shall divide revenue raised by the national...
- Article 219 - Transfer of equitable share.
A county’s share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article...
- Article 220 - Form, content and timing of budgets.
(1) Budgets of the national and county governments shall contain—
(a) estimates of revenue and expenditure, differentiating between recurrent and development expenditure;
(b) proposals for...