- Article 1 of The Constitution of Kenya: Sovereignty of the people.
1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through theirdemocratically elected representatives.
(3) Sovereign power under this Constitution is...
- Article 2 of The Constitution of Kenya: Supremacy of this Constitution.
2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
(2) No person may claim or exercise State authority except as authorised underthis Constitution.
(3) The validity or legality of this Constitution is not subject...
- Article 3 of The Constitution of Kenya: Defence of this Constitution.
3. (1) Every person has an obligation to respect, uphold and defend this Constitution.
(2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.
- Article 4 of The Constitution of Kenya: Declaration of the Republic.
4. (1) Kenya is a sovereign Republic.
(2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.
- Article 5 of The Constitution of Kenya: Territory of Kenya.
5. Kenya consists of the territory and territorial waters comprising Kenya on theeffective date, and any additional territory and territorial waters as defined by an Act of Parliament.
- Article 6 of The Constitution of Kenya: Devolution and access to services.
6. (1) The territory of Kenya is divided into the counties specified in the FirstSchedule.
(2) The governments at the national and county levels are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and cooperation.
(3) A national State organ shall...
- Article 7 of The Constitution of Kenya: National, official and other languages.
7. (1) The national language of the Republic is Kiswahili.
(2) The official languages of the Republic are Kiswahili and English.
(3) The State shall—
(a) promote and protect the diversity of language of the people of Kenya; and
(b) promote the development and use of indigenous languages,...
- Article 8 of The Constitution of Kenya: State and religion.
8. There shall be no State religion.
- Article 9 of The Constitution of Kenya: National symbols and national days.
9. (1) The national symbols of the Republic are—(a) the national flag;
(b) the national anthem; (c) the coat of arms; and (d) the public seal.
(2) The national symbols are as set out in the Second Schedule.
(3) The national days are—
(a) Madaraka Day, to be observed on 1st June; (b) Mashujaa...
- Article 10 of The Constitution of Kenya: National values and principles of governance.
10. (1) The national values and principles of governance in this Article bind all
State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public policy...
- Article 11 of The Constitution of Kenya: Culture.
11. (1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.
(2) The State shall—
(a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science,...
- Article 12 of The Constitution of Kenya: Entitlements of citizens.
12. (1) Every citizen is entitled to—
(a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and
(b) a Kenyan passport and any document of registration or identification issued by the State to citizens.
(2) A passport or other...
- Article 13 of The Constitution of Kenya: Retention and acquisition of citizenship.
13. (1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.
(2) Citizenship may be acquired by birth or registration.
(3) Citizenship is not lost through marriage or the dissolution of marriage.
- Article 14 of The Constitution of Kenya: Citizenship by birth.
14. (1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the effective date, whetheror not the person was born in Kenya,...
- Article 15 of The Constitution of Kenya: Citizenship by registration.
15. (1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.
(2) A person who has been lawfully resident in Kenya for a continuous periodof at least seven years, and who satisfies the conditions prescribed by an...
- Article 16 of The Constitution of Kenya: Dual citizenship.
16. A citizen by birth does not lose citizenship by acquiring the citizenship ofanother country.
- Article 17 of The Constitution of Kenya: Revocation of citizenship.
17. (1) If a person acquired citizenship by registration, the citizenship may berevoked if—
(a) the person acquired the citizenship by fraud, false representation or concealment of any material fact;
(b) the person has, during any war in which Kenya was engaged, unlawfully traded or communicated...
- Article 18 of The Constitution of Kenya: Legislation on citizenship.
18. Parliament shall enact legislation—
(a) prescribing procedures by which a person may become a citizen;
(b) governing entry into and residence in Kenya;
(c) providing for the status of permanent residents;
(d) providing for voluntary renunciation of citizenship;
(e) prescribing procedures...
- Article 19 of The Constitution of Kenya: Rights and fundamental freedoms.
19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and isthe framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamentalfreedoms is to preserve the dignity of individuals and communities and to promote...
- Article 20 of The Constitution of Kenya: Application of Bill of Rights.
20. (1) The Bill of Rights applies to all law and binds all State organs and all persons.
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill ofRights to the greatest extent consistent with the nature of the right or fundamental freedom.
(3) In applying a provision of...
- Article 21 of The Constitution of Kenya: Implementation of rights and fundamental freedoms.
21. (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures, including thesetting of standards, to achieve the...
- Article 22 of The Constitution of Kenya: Enforcement of Bill of Rights.
22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(2) In addition to a person acting in their own interest, court proceedings underclause (1) may be...
- Article 23 of The Constitution of Kenya: Authority of courts to uphold and enforce the Bill of Rights.
23. (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(2) Parliament shall enact legislation to give original...
- Article 24 of The Constitution of Kenya: Limitation of rights and fundamental freedoms.
24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors,...
- Article 25 of The Constitution of Kenya: Fundamental Rights and freedoms that may not be limited.
25. Despite any other provision in this Constitution, the following rights andfundamental freedoms shall not be limited—
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) the right to a fair trial; and
(d) the right to an...
- Article 26 of The Constitution of Kenya: Right to life.
26. (1) Every person has the right to life.
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life intentionally, except to the extentauthorised by this Constitution or other written law.
(4) Abortion is not permitted unless, in the opinion of a trained health...
- Article 27 of The Constitution of Kenya: Equality and freedom from discrimination.
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamentalfreedoms.
(3) Women and men have the right to equal treatment, including the right toequal opportunities in...
- Article 28 of The Constitution of Kenya: Human dignity.
Every person has inherent dignity and the right to have that dignity respected and protected.
- Article 29 of The Constitution of Kenya: Freedom and security of the person.
Freedom and security of the person.
29. Every person has the right to freedom and security of the person, whichincludes the right not to be—
(a) deprived of freedom arbitrarily or without just cause;
(b) detained without trial, except during a state of emergency, in which case the detention is...
- Article 30 of The Constitution of Kenya: Slavery, servitude and forced labour.
30. (1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour.