The Constitution Of Kenya in Kenya

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264 sections

• Article 212 of The Constitution of Kenya: 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 of The Constitution of Kenya: 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 government shall publish a report on the guarantees that it gave during that year.

  
  
• Article 214 of The Constitution of Kenya: 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, "the public debt" means all financial obligations attendant to loans raised or guaranteed and...

  
  
• Article 215 of The Constitution of Kenya: 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 President and approved by the National Assembly; (b) two persons nominated by the political parties...

  
  
• Article 216 of The Constitution of Kenya: 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 the national and county governments; and (b) among the county governments. (2) The Commission...

  
  
• Article 217 of The Constitution of Kenya: 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 government. (2) In determining the basis of revenue sharing under clause (1), the Senate shall— (a) take...

  
  
• Article 218 of The Constitution of Kenya: 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 government among the national and county levels of government in accordance with this Constitution;...

  
  
• Article 219 of The Constitution of Kenya: 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 225.

  
  
• Article 220 of The Constitution of Kenya: 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 financing any anticipated deficit for the period to which they apply; and (c) proposals regarding borrowing...

  
  
• Article 221 of The Constitution of Kenya: Budget estimates and annual Appropriation Bill.
  

  (1) At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly. (2) The...

  
  
• Article 222 of The Constitution of Kenya: Expenditure before annual budget is passed.
  

  (1) If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the National Assembly may authorise the withdrawal of money from the Consolidated Fund. (2) Money withdrawn under clause (1) shall— (a) be for...

  
  
• Article 223 of The Constitution of Kenya: Supplementary appropriation.
  

  (1) Subject to clauses (2) to (4), the national government may spend money that has not been appropriated if— (a) the amount appropriated for any purpose under the Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated by that...

  
  
• Article 224 of The Constitution of Kenya: County appropriation Bills.
  

  On the basis of the Division of Revenue Bill passed by Parliament under Article 218, each county government shall prepare and adopt its own annual budget and appropriation Bill in the form, and according to the procedure, prescribed in an Act of Parliament.

  
  
• Article 225 of The Constitution of Kenya: Financial control.
  

  (1) An Act of Parliament shall provide for the establishment, functions and responsibilities of the national Treasury. (2) Parliament shall enact legislation to ensure both expenditure control and transparency in all governments and establish mechanisms to ensure their...

  
  
• Article 226 of The Constitution of Kenya: Accounts and audit of public entities.
  

  1) An Act of Parliament shall provide for— (a) the keeping of financial records and the auditing of accounts of all governments and other public entities, and prescribe other measures for securing efficient and transparent fiscal management; and (b) the designation of an accounting officer in...

  
  
• Article 227 of The Constitution of Kenya: Procurement of public goods and services.
  

  (1) When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. (2) An Act of Parliament shall prescribe a framework within which policies relating to procurement...

  
  
• Article 228 of The Constitution of Kenya: Controller of Budget.
  

  (1) There shall be a Controller of Budget who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. (2) To be qualified to be the Controller, a person shall have extensive knowledgeof public finance or at least ten years' experience in...

  
  
• Article 229 of The Constitution of Kenya: Auditor-General.
  

  (1) There shall be an Auditor-General who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. (2) To be qualified to be the Auditor-General, a person shall have extensive knowledge of public finance or at least ten years experience in...

  
  
• Article 230 of The Constitution of Kenya: Salaries and Remuneration Commission.
  

  (1) There is established the Salaries and Remuneration Commission. (2) The Salaries and Remuneration Commission consists of the following persons appointed by the President— (a) a chairperson; (b) one person each nominated by the following bodies from among persons who are not members or...

  
  
• Article 231 of The Constitution of Kenya: Central Bank of Kenya.
  

  (1) There is established the Central Bank of Kenya. (2) The Central Bank of Kenya shall be responsible for formulating monetarypolicy, promoting price stability, issuing currency and performing other functions conferred on it by an Act of Parliament. (3) The Central Bank of Kenya shall not be...

  
  
• Article 232 of The Constitution of Kenya: Values and principles of public service.
  

  (1) The values and principles of public service include— (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; (c) responsive, prompt, effective, impartial and equitable provision of services; (d) involvement of the people in the process of policy...

  
  
• Article 233 of The Constitution of Kenya: The Public Service Commission.
  

  . (1) There is established the Public Service Commission. (2) The Public Service Commission consists of a chairperson, a vice chairperson and seven other members appointed by the President with the approval of the National Assembly. (3) Subject to clause (4), a person is not eligible for...

  
  
• Article 234 of The Constitution of Kenya: Functions and powers of the Public Service Commission.
  

  (1) The functions and powers of the Commission are as set out in this Article. (2) The Commission shall— (a) subject to this Constitution and legislation— (i) establish and abolish offices in the public service; and (ii) appoint persons to hold or act in those offices, and to confirm...

  
  
• Article 235 of The Constitution of Kenya: Staffing of county governments.
  

  (1) A county government is responsible, within a framework of uniform norms and standards prescribed by an Act of Parliament, for— (a) establishing and abolishing offices in its public service; (b) appointing persons to hold or act in those offices, and confirming appointments; and (c) exercising...

  
  
• Article 236 of The Constitution of Kenya: Protection of public officers.
  

  A public officer shall not be— (a) victimised or discriminated against for having performed the functions of office in accordance with this Constitution or any other law; or (b) dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of...

  
  
• Article 237 of The Constitution of Kenya: Teachers Service Commission.
  

  (1) There is established the Teachers Service Commission. (2) The functions of the Commission are— (a) to register trained teachers; (b) to recruit and employ registered teachers; (c) to assign teachers employed by the Commission for service in any public school or institution; (d) to promote...

  
  
• Article 238 of The Constitution of Kenya: Principles of national security.
  

  (1) National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. (2) The national security of Kenya shall be promoted and...

  
  
• Article 239 of The Constitution of Kenya: National security organs.
  

  (1) The national security organs are— (a) the Kenya Defence Forces; (b) the National Intelligence Service; and (c) the National Police Service. (2) The primary object of the national security organs and security system is to promote and guarantee national security in accordance with the...

  
  
• Article 240 of The Constitution of Kenya: Establishment of the National Security Council.
  

  (1) There is established a National Security Council. (2) The Council consists of—(a) the President; (b) the Deputy President; (c) the Cabinet Secretary responsible for defence; (d) the Cabinet Secretary responsible for foreign affairs; (e) the Cabinet Secretary responsible for internal...

  
  
• Article 241 of The Constitution of Kenya: Establishment of Kenya Defence Forces and Defence Council.
  

  (1) There are established the Kenya Defence Forces. (2) The Kenya Defence Forces consist of—(a) the Kenya Army; (b) the Kenya Air Force; and (c) the Kenya Navy. (3) The Kenya Defence Forces— (a) are responsible for the defence and protection of the sovereignty and territorial integrity of the...