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Politics

The 18 Chapters of the Kenyan Constitution

Gĩthĩnji

Updated on:

There are eighteen chapters of the Kenyan Constitution which also detail its structure. The Constitution of Kenya is the supreme law of the Republic of Kenya. The current constitution was promulgated in August 2010 and it replaced the independence constitution of 1963.

The current Consitution has brought about significant changes in the governance of Kenya, with the people being the centre of decision making. The decentralisation of power to the grassroots through devolution also stands out significantly.

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The chapters of the Kenyan Constitution

The eighteen chapters of the Kenyan Constitution are as follows:

  • Chapter One - Sovereignty of the People and Supremacy of this Constitution
  • Chapter Two - The Republic
  • Chapter Three - Citizenship
  • Chapter Four - The Bill of Rights
  • Chapter Five - Land and Environment
  • Chapter Six - Leadership and Integrity
  • Chapter Seven - Representation of the People
  • Chapter Eight - The Legislature
  • Chapter Nine - The Executive
  • Chapter Ten - Judiciary
  • Chapter Eleven - Devolved Government
  • Chapter Twelve - Public Finance
  • Chapter Thirteen - The Public Service
  • Chapter Fourteen - National Security
  • Chapter Fifteen - Commissions and Independent Offices
  • Chapter Sixteen - Amendment of this Constitution
  • Chapter Seventeen - General Provisions
  • Chapter Eighteen - Transitional and Consequential Provisions

But what are the articles of the chapters of the Kenyan Constitution?

1. Chapter One - Sovereignty of the People and Supremacy of this Constitution

This chapter of the Constitution comprises of the following articles:

  • Article 1. Sovereignty of the people
  • Article 2. Supremacy of this Constitution
  • Article 3. Defence of this Constitution

2. Chapter Two - The Republic

This chapter of the Constitution comprises of the following articles:

  • Article 4. Declaration of the Republic
  • Article 5 Territory of Kenya
  • Article 6. Devolution and access to services
  • Article 7 National, official and other languages
  • Article 8 State and religion
  • Article 9 National symbols and national days
  • Article 10. National values and principles of governance
  • Article 11. Culture

3. Chapter Three - Citizenship

This chapter of the Constitution comprises of the following articles:

  • Article 12. Entitlements of citizens
  • Article 13. Retention and acquisition of citizenship
  • Article 14. Citizenship by birth
  • Article 15. Citizenship by registration
  • Article 16. Dual citizenship
  • Article 17. Revocation of citizenship
  • Article 18. Legislation on citizenship

4. Chapter Four - The Bill of Rights

This chapter of the Constitution comprises of the following articles:

  • Part 1. General provisions relating to the Bill of Rights
    • Article 19. Rights and fundamental freedoms
    • Article 20. Application of Bill of Rights
    • Article 21. Implementation of rights and fundamental freedoms
    • Article 22. Enforcement of Bill of Rights
    • Article 23. Authority of courts to uphold and enforce the Bill of Rights
    • Article 24. Limitation of rights and fundamental freedoms
    • Article 25. Fundamental Rights and freedoms that may not be limited
  • Part 2. Rights and fundamental freedoms
    • Article 26. Right to life
    • Article 27. Equality and freedom from discrimination
    • Article 28. Human dignity
    • Article 29. Freedom and security of the person
    • Article 30. Slavery, servitude and forced labour
    • Article 31. Privacy
    • Article 32. Freedom of conscience, religion, belief and opinion
    • Article 33. Freedom of expression
    • Article 34. Freedom of the media
    • Article 35. Access to information
    • Article 36. Freedom of association
    • Article 37. Assembly, demonstration, picketing and petition
    • Article 38. Political rights
    • Article 39. Freedom of movement and residence
    • Article 40. Protection of right to property
    • Article 41. Labour relations
    • Article 42. Environment
    • Article 43. Economic and social rights
    • Article 44. Language and culture
    • Article 45. Family
    • Article 46. Consumer rights
    • Article 47. Fair administrative action
    • Article 48. Access to justice
    • Article 49. Rights of arrested persons
    • Article 50. Fair hearing
    • Article 51. Rights of persons detained, held in custody or imprisoned
  • Part 3. Specific application of rights
    • Article 52. Interpretation of this Part
    • Article 53. Children
    • Article 54. Persons with disabilities
    • Article 55. Youth
    • Article 56. Minorities and marginalised groups
    • Article 57. Older members of society
  • Part 4. State of emergency
    • Article 58. State of emergency
  • Part 5. Kenya National Human Rights and Equality Commission

5. Chapter Five - Land and Environment

This chapter of the Constitution comprises of the following articles:

  • Part 1. Land
    • Article 60. Principles of land policy
    • Article 61. Classification of land
    • Article 62. Public land
    • Article 63. Community land
    • Article 64. Private land
    • Article 65. Landholding by non-citizens
    • Article 66. Regulation of land use and property
    • Article 67. National Land Commission
    • Article 68. Legislation on land
  • Part 2. Environment and natural resources
    • Article 69. Obligations in respect of the environment
    • Article 70. Enforcement of environmental rights
    • Article 71. Agreements relating to natural resources
    • Article 72. Legislation relating to the environment

6. Chapter Six - Leadership and Integrity

This chapter of the Constitution comprises of the following articles:

  • Article 73. Responsibilities of leadership
  • Article 74. Oath of office of State officers
  • Article 75. Conduct of State officers
  • Article 76. Financial probity of State officers
  • Article 77. Restriction on activities of State officers
  • Article 78. Citizenship and leadership
  • Article 79. Legislation to establish the ethics and anti-corruption commission
  • Article 80. Legislation on leadership

7. Chapter Seven - Leadership and Integrity

This chapter of the Constitution comprises of the following articles:

8. Chapter Eight - The Legislature

This chapter of the Constitution comprises of the following articles:

  • Part 1. Establishment and Role of Parliament
    • Article 93. Establishment of Parliament
    • Article 94. Role of Parliament
    • Article 95. Role of the National Assembly
    • Article 96. Role of the Senate
  • Part 2. Composition and membership of Parliament
    • Article 97. Membership of the National Assembly
    • Article 98. Membership of the Senate
    • Article 99. Qualifications and disqualifications for election as member of Parliament
    • Article 100. Promotion of representation of marginalised groups
    • Article 101. Election of members of Parliament
    • Article 102. Term of Parliament
    • Article 103. Vacation of office of member of Parliament
    • Article 104. Right of recall
    • Article 105. Determination of questions of membership
  • Part 3. Offices of Parliament
    • Article 106. Speakers and Deputy Speakers of Parliament
    • Article 107. Presiding in Parliament
    • Article 108. Party leaders (see the party leaders in the Senate and the National Assembly)
  • Part 4. Procedures for enacting legislation
    • Article 109. Exercise of legislative powers
    • Article 110. Bills concerning county government
    • Article 111. Special Bills concerning county governments
    • Article 112. Ordinary Bills concerning county governments
    • Article 113. Mediation committees
    • Article 114. Money Bills
    • Article 115. Presidential assent and referral
    • Article 116. Coming into force of laws
  • Part 5. Parliament’s general procedures and rules
    • Article 117. Powers, privileges and immunities
    • Article 118. Public access and participation
    • Article 119. Right to petition Parliament
    • Article 120. Official languages of Parliament
    • Article 121. Quorum
    • Article 122. Voting in Parliament
    • Article 123. Decisions of Senate
    • Article 124. Committees and Standing Orders
    • Article 125. Power to call for evidence
  • Part 6. Miscellaneous

9. Chapter Nine - The Executive

This chapter of the Constitution comprises of the following articles:

  • Part 1. Principles and Structure of the National Executive
    • Article 129. Principles of executive authority
    • Article 130. The National Executive
  • Part 2. The President and Deputy President
    • Article 131. Authority of the President
    • Article 132. Functions of the President
    • Article 133. Power of mercy
    • Article 134. Exercise of presidential powers during temporary incumbency
    • Article 135. Decisions of the President
    • Article 136. Election of the President
    • Article 137. Qualifications and disqualifications for election as President
    • Article 138. Procedure at presidential election
    • Article 139. Death before assuming office
    • Article 140. Questions as to validity of presidential election
    • Article 141. Assumption of office of President
    • Article 142. Term of office of President
    • Article 143. Protection from legal proceedings
    • Article 144. Removal of President on grounds of incapacity
    • Article 145. Removal of President by impeachment
    • Article 146. Vacancy in the office of President
    • Article 147. Functions of the Deputy President
    • Article 148. Election and swearing-in of Deputy President
    • Article 149. Vacancy in the office of Deputy President
    • Article 150. Removal of Deputy President
    • Article 151. Remuneration and benefits of President and Deputy President
  • Part 3. The Cabinet
    • Article 152. Cabinet
    • Article 153. Decisions, responsibility and accountability of the Cabinet
    • Article 154. Secretary to the Cabinet
    • Article 155. Principal Secretaries
  • Part 4. Other offices

10. Chapter Ten - Judiciary

This chapter of the Constitution comprises of the following articles:

  • Part 1. Judicial authority and legal system
    • Article 159. Judicial Authority
    • Article 160. Independence of the Judiciary
    • Article 161. Judicial offices and officers
    • Article 162. System of courts
  • Part 2. Superior Courts
    • Article 163. Supreme Court
    • Article 164. Court of Appeal
    • Article 165. High Court
    • Article 166. Appointment of Chief Justice, Deputy Chief Justice and other judges
    • Article 167. Tenure of office of the Chief Justice and other judges
    • Article 168. Removal from office
  • Part 3. Subordinate courts
    • Article 169. Subordinate courts
    • Article 170. Kadhis’ Courts
  • Part 4. Judicial Service Commission

11. Chapter Eleven - Devolved Government

This chapter of the Constitution comprises of the following articles:

12. Chapter Twelve - Public Finance

This chapter of the Constitution comprises of the following articles:

13. Chapter Thirteen - The Public Service

This chapter of the Constitution comprises of the following articles:

  • Part 1. Values and principles of public service
    • Article 232. Values and principles of public service
  • Part 2. The Public Service Commission
    • Article 233. The Public Service Commission
    • Article 234. Functions and powers of the Public Service Commission
    • Article 235. Staffing of county governments
    • Article 236. Protection of public officers
  • Part 3. Teachers Service Commission

14. Chapter Fourteen - National Security

This chapter of the Constitution comprises of the following articles:

15. Chapter Fifteen - Commissions and Independent Offices

This chapter of the Constitution comprises of the following articles:

  • Article 248. Application of Chapter
  • Article 249. Objects, authority and funding of commissions and independent offices
  • Article 250. Composition, appointment and terms of office
  • Article 251. Removal from office
  • Article 252. General functions and powers
  • Article 253. Incorporation of commissions and independent offices
  • Article 254. Reporting by commissions and independent offices

16. Chapter Sixteen - Amendment of this Constitution

This chapter of the Constitution comprises of the following articles:

  • Article 255. Amendment of this Constitution
  • Article 256. Amendment by parliamentary initiative
  • Article 257. Amendment by popular initiative

17. Chapter Seventeen - General Provisions

This chapter of the Constitution comprises of the following articles:

  • Article 258. Enforcement of this Constitution
  • Article 259. Construing this Constitution
  • Article 260. Interpretation

18. Chapter Eighteen - Transitional and Consequential Provisions

This chapter of the Constitution comprises of the following articles:

  • Article 261. Consequential legislation
  • Article 262. Transitional and consequential provisions
  • Article 263. Effective Date
  • Article 264. Repeal of previous constitution

Other areas of the Constitution

  • Preamble
  • Schedules
    • First Schedule - Counties
    • Second Schedule. National symbols
    • Third Schedule. National Oaths and affirmations
    • Fourth Schedule. Distribution of functions between National and the county governments
    • Fifth Schedule. Legislation to be enacted by Parliament
    • Sixth Schedule. Transitional and consequential provisions

Thus, there are eighteen chapters in the Constitution of Kenya and 264 articles, alongside the Preamble and the Schedules.