Constitution

freedom to seek, receive or impart information or ideas;

freedom of artistic creativity; and

academic freedom and freedom of scientific research.

propaganda for war;

incitement to violence;

hate speech; or

exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or

penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

are necessary to regulate the airwaves and other forms of signal distribution; and

are independent of control by government, political interests or commercial interests.

be free to determine independently the editorial content of their broadcasts or other communications;

be impartial; and

afford fair opportunity for the presentation of divergent views and dissenting opinions.

be independent of control by government, political interests or commercial interests;

reflect the interests of all sections of the society; and

set media standards and regulate and monitor compliance with those standards.

information held by the State; and

information held by another person and required for the exercise or protection of any right or fundamental freedom.

registration may not be withheld or withdrawn unreasonably; and

there shall be a right to have a fair hearing before a registration is cancelled.

to form, or participate in forming, a political party;

to participate in the activities of, or recruit members for, a political party; or

to campaign for a political party or cause.

any elective public body or office established under this Constitution; or

any office of any political party of which the citizen is a member.

to be registered as a voter;

to vote by secret ballot in any election or referendum; and

to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.

of any description; and

in any part of Kenya.

to arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description; or

to limit, or in any way restrict the enjoyment of any right under this Article on the basis of any of the grounds specified or contemplated in Article 27(4).

results from an acquisition of land or an interest in land or a conversion of an interest in land, or title to land, in accordance with Chapter Five; or

to fair remuneration;

to reasonable working conditions;

to form, join or participate in the activities and programmes of a trade union; and

to go on strike.

to form and join an employers organisation; and

to participate in the activities and programmes of an employers organisation.

to determine its own administration, programmes and activities;

to organise; and

to form and join a federation.

to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;

to accessible and adequate housing, and to reasonable standards of sanitation;

to be free from hunger, and to have adequate food of acceptable quality;

to clean and safe water in adequate quantities;

to social security; and

to education.

to enjoy the person’s culture and use the person’s language; or

to form, join and maintain cultural and linguistic associations and other organs of civil society.

marriages concluded under any tradition, or system of religious, personal or family law; and

any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,

to goods and services of reasonable quality;

to the information necessary for them to gain full benefit from goods and services;

to the protection of their health, safety, and economic interests; and

to compensation for loss or injury arising from defects in goods or services.

provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and

promote efficient administration.

to remain silent;

to communicate with an advocate, and other persons whose assistance is necessary;

not to be compelled to make any confession or admission that could be used in evidence against the person;

to be held separately from persons who are serving a sentence;

at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and

to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

to be presumed innocent until the contrary is proved;

to be informed of the charge, with sufficient detail to answer it;

to have adequate time and facilities to prepare a defence;

to a public trial before a court established under this Constitution;

to have the trial begin and conclude without unreasonable delay;

to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;

to choose, and be represented by, an advocate, and to be informed of this right promptly;

to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

to remain silent, and not to testify during the proceedings;

to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;

to adduce and challenge evidence;

to refuse to give self-incriminating evidence;

to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;

not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;

to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and

if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

charged with an offence, other than an offence that the court may try by summary procedures, is entitled during the trial to a copy of the record of the proceedings of the trial on request; and

has the right to a copy of the record of the proceedings within a reasonable period after they are concluded, in return for a reasonable fee as prescribed by law.

the person’s appeal, if any, has been dismissed by the highest court to which the person is entitled to appeal, or the person did not appeal within the time allowed for appeal; and

new and compelling evidence has become available.

provides for the humane treatment of persons detained, held in custody or imprisoned; and

takes into account the relevant international human rights instruments.

to a name and nationality from birth;

to free and compulsory basic education;

to basic nutrition, shelter and health care;

to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;

to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and

to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;

to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;

to reasonable access to all places, public transport and information;

to use Sign language, Braille or other appropriate means of communication; and

to access materials and devices to overcome constraints arising from the person’s disability.

the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and

the declaration is necessary to meet the circumstances for which the emergency is declared.

prospectively; and

for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

for not longer than two months at a time.

a declaration of a state of emergency;

any extension of a declaration of a state of emergency; and

any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

shall not take effect until it is published in the Gazette.

to promote respect for human rights and develop a culture of human rights in the Republic;

to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development;

to promote the protection, and observance of human rights in public and private institutions;

to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs;

to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;

on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;

to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights;

to investigate any conduct in state affairs, or any act or omission in public administration in any sphere of government, that is alleged or suspected to be prejudicial or improper or to result in any impropriety or prejudice;

to investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct;

to report on complaints investigated under paragraphs (h) and (i) and take remedial action; and

to perform any other functions prescribed by legislation.

that legislation shall assign each function of the Commission specified in this Article to one or the other of the successor commissions;

each of the successor commissions shall have powers equivalent to the powers of the Commission under this Article; and

each successor commission shall be a commission within the meaning of Chapter Fifteen, and shall have the status and powers of a commission under that Chapter.

ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;

work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;

protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;

encourage public participation in the management, protection and conservation of the environment;

protect genetic resources and biological diversity;

establish systems of environmental impact assessment, environmental audit and monitoring of the environment;

eliminate processes and activities that are likely to endanger the environment; and

utilise the environment and natural resources for the benefit of the people of Kenya.

to prevent, stop or discontinue any act or omission that is harmful to the environment;

to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or

to provide compensation for any victim of a violation of the right to a clean and healthy environment.

involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and

is entered into on or after the effective date.

holds any State office.

the continuous registration of citizens as voters;

the regular revision of the voters’ roll;

the delimitation of constituencies and wards;

the regulation of the process by which parties nominate candidates for elections;

the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results;

the registration of candidates for election;

voter education;

the facilitation of the observation, monitoring and evaluation of elections;

the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;

the development of a code of conduct for candidates and parties contesting elections; and

the monitoring of compliance with the legislation required by Article 82(1)(b) relating to nomination of candidates by parties.

geographical features and urban centres;

community of interest, historical, economic and cultural ties; and

means of communication.

forty per cent for cities and sparsely populated areas; and

thirty per cent for the other areas.

consult all interested parties; and

progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;

except in the case of the seats provided for under Article 98(1)(b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and

except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.

have a national character as prescribed by an Act of Parliament;

have a democratically elected governing body;

promote and uphold national unity;

abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;

respect the right of all persons to participate in the political process, including minorities and marginalised groups;

respect and promote human rights and fundamental freedoms, and gender equality and equity;

promote the objects and principles of this Constitution and the rule of law; and

subscribe to and observe the code of conduct for political parties.

be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;

engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;

establish or maintain a paramilitary force, militia or similar organisation;

engage in bribery or other forms of corruption; or

except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.

two hundred and ninety members, each elected by the registered voters of single member constituencies;

forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;

twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and

the Speaker, who is an ex officio member.

forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;

sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;

two members, being one man and one woman, representing the youth;

two members, being one man and one woman, representing persons with disabilities; and

the Speaker, who shall be an ex officio member.

is registered as a voter;

satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and

is a State officer or other public officer, other than a member of Parliament;

has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;

has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;

is a member of a county assembly;

is of unsound mind;

is an undischarged bankrupt;

is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or

is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

the Independent Electoral and Boundaries Commission; and

the political party on whose party list the member was elected or nominated.

the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and

a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).

if the member dies;