# Article 203 of the Constitution of Kenya

- Jurisdiction: Kenya (KE)
- Article: 203
- Chapter (as indexed): Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL
- Source document: The Kenya Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/46d81d01-be93-4325-b980-ddedc7a58380
- This document: https://www.portablelaw.com/provision/46d81d01-be93-4325-b980-ddedc7a58380/md
- Constitution: https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028

## Verbatim text

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(c) a summary of any significant deviation from the Commission
on  Revenue  Allocation’s  recommendations,  with  an
explanation for each such deviation.129
Constitution of Kenya, 2010
Transfer of equitable share.
219. 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.
PART 5—BUDGETS AND SPENDING
Form, content and timing of budgets.
220. (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  and  other  forms  of  public
liability that will increase public debt during the following year.
(2) National legislation shall prescribe—
(a)  the  structure  of  the  development  plans  and  budgets  of
counties;
(b) when the plans and budgets of the counties shall be tabled in
the county assemblies; and
(c) the form and manner of consultation between the national
government  and  county  governments  in  the  process  of
preparing plans and budgets.
Budget estimates and annual Appropriation Bill.
221. (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 estimates referred to in clause (1) shall—
(a) include estimates for expenditure from the Equalisation Fund;
and
(b) be in the form, and according to the procedure, prescribed by
an Act of Parliament.
(3) The National Assembly shall consider the estimates submitted  130
Constitution of Kenya, 2010
under  clause  (1)  together  with  the  estimates  submitted  by  the
Parliamentary  Service  Commission  and  the  Chief  Registrar  of  the
Judiciary under Articles 127 and 173 respectively.
(4)  Before  the  National  Assembly  considers  the  estimates  of
revenue and expenditure, a committee of the Assembly shall discuss
and  review  the  estimates  and  make  recommendations  to  the
Assembly.
(5)  In  discussing  and  reviewing  the  estimates,  the  committee
shall seek representations from the public and the recommendations
shall  be  taken  into  account  when  the  committee  makes  its
recommendations to the National Assembly.
(6) When the estimates of national government expenditure, and
the estimates of expenditure for the Judiciary and Parliament have
been approved by the National Assembly, they shall be included in an
Appropriation  Bill,  which  shall  be  introduced  into  the  National
Assembly to authorise the withdrawal from the Consolidated Fund of
the money needed for the expenditure, and for the appropriation of that
money for the purposes mentioned in the Bill.
(7)  The  Appropriation  Bill  mentioned  in  clause  (6)  shall  not
include expenditures that are charged on the Consolidated Fund by
this Constitution or an Act of Parliament.
Expenditure before annual budget is passed
222. (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 the purpose of meeting expenditure necessary to carry
on the services of the national government during that year
until such time as the Appropriation Act is assented to;
(b) not exceed in total one-half of the amount included in the
estimates of expenditure for that year that have been tabled
in the National Assembly; and
(c) be included, under separate votes for the several services in
respect of which they were withdrawn, in the Appropriation
Act.
Supplementary appropriation.
223. (1) Subject to clauses (2) to (4), the national government  131
Constitution of Kenya, 2010
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 Act; or
(b) money has been withdrawn from the Contingencies Fund.
(2) The approval of Parliament for any spending under this Article
shall be sought within two months after the first withdrawal of the
money, subject to clause (3).
(3) If Parliament is not sitting during the time contemplated in
clause (2), or is sitting but adjourns before the approval has been
sought, the approval shall be sought within two weeks after it next sits.
(4) When the National Assembly has approved spending under
clause  (2),  an  appropriation  Bill  shall  be  introduced  for  the
appropriation of the money spent.
(5) In any particular financial year, the national government may
not  spend  under  this  Article  more  than  ten  per  cent  of  the  sum
appropriated by Parliament for that financial year unless, in special
circumstances, Parliament has approved a higher percentage.
County appropriation Bills.
224. 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.
PART 6—CONTROL OF PUBLIC MONEY
Financial control.
225. (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 implementation.
(3)  Legislation  under  clause  (2)  may  authorise  the  Cabinet
Secretary responsible for finance to stop the transfer of funds to a
State organ or any other public entity—132
Constitution of Kenya, 2010
(a)  only  for  a  serious  material  breach  or  persistent  material
breaches of the measures established under that legislation;
and
(b) subject to the requirements of clauses (4) to (7).
(4) A decision to stop the transfer of funds under clause (3) may
not stop the transfer of more than fifty per cent of funds due to a
county government.
(5) A decision to stop the transfer of funds as contemplated in
clause (3)—
(a) shall not stop the transfer of funds for more than sixty days;
and
(b) may be enforced immediately, but will lapse retrospectively
unless,  within  thirty  days  after  the  date  of  the  decision,
Parliament approves it by resolution passed by both Houses.
(6) Parliament may renew a decision to stop the transfer of funds
but for no more than sixty days at a time.
(7) Parliament may not approve or renew a decision to stop the
transfer of funds unless—
(a) the Controller of Budget has presented a report on the matter
to Parliament; and
(b) the public entity has been given an opportunity to answer the
allegations  against  it,  and  to  state  its  case,  before  the
relevant parliamentary committee.
Accounts and audit of public entities.
226. (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 every public entity
at the national and county level of government.
(2)  The  accounting  officer  of  a  national  public  entity  is
accountable to the National Assembly for its financial management,
and the accounting officer of a county public entity is accountable to
the county assembly for its financial management.133
Constitution of Kenya, 2010
(3) Subject to clause (4), the accounts of all governments and
State organs shall be audited by the Auditor-General.
(4) The accounts of the office of the Auditor-General shall be
audited  and  reported  on  by  a  professionally  qualified  accountant
appointed by the National Assembly.
(5) If the holder of a public  office, including a political office,
directs  or  approves  the  use  of  public  funds  contrary  to  law  or
instructions, the person is liable for any loss arising from that use and
shall make good the loss, whether the person remains the holder of
the office or not.
Procurement of public goods and services.
227. (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  and  asset  disposal  shall  be
implemented and may provide for all or any of the following—
(a) categories of preference in the allocation of contracts;
(b)  the  protection  or  advancement  of  persons,  categories  of
persons  or  groups  previously  disadvantaged  by  unfair
competition or discrimination;
(c)  sanctions  against  contractors  that  have  not  performed
according to professionally regulated procedures, contractual
agreements or legislation; and
(d) sanctions against persons who have defaulted on their tax
obligations, or have been guilty of corrupt practices or serious
violations of fair employment laws and practices.
PART 6—FINANCIAL OFFICERS AND INSTITUTIONS
Controller of Budget.
228. (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 knowledge of public finance or at least ten years experience
in auditing public finance management.134
Constitution of Kenya, 2010
(3) The Controller shall, subject to Article 251, hold office for a
term of eight years and shall not be eligible for re-appointment.
(4) The Controller of Budget shall oversee the implementation of
the budgets of the national and county governments by authorising
withdrawals from public funds under Articles 204, 206 and 207.
(5) The Controller shall not approve any withdrawal from a public
fund unless satisfied that the withdrawal is authorised by law.
(6) Every four months, the Controller shall submit to each House
of Parliament a report on the implementation of the budgets of the
national and county governments.
Auditor-General.
229. (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 auditing or public finance management.
(3) The Auditor-General holds office, subject to Article 251, for a
term of eight years and shall not be eligible for re-appointment.
(4) Within six months after the end of each financial year, the
Auditor-General shall audit and report, in respect of that financial year,
on—
(a) the accounts of the national and county governments;
(b) the accounts of all funds and authorities of the national and
county governments;
(c) the accounts of all courts;
(d) the accounts of every commission and independent office
established by this Constitution;
(e) the accounts of the National Assembly, the Senate and the
county assemblies;
(f) the accounts of political parties funded from public funds;
(g) the public debt; and
(h) the accounts of any other entity that legislation requires the
Auditor-General to audit.135
Constitution of Kenya, 2010
(5) The Auditor-General may audit and report on the accounts of
any entity that is funded from public funds.
(6) An audit report shall confirm whether or not public money has
been applied lawfully and in an effective way.
(7) Audit reports shall be submitted to Parliament or the relevant
county assembly.
(8) Within three months after receiving an audit report, Parliament
or the county assembly shall debate and consider the report and take
appropriate action.
Salaries and Remuneration Commission.
230. (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 employees of those
bodies—
(i) the Parliamentary Service Commission;
(ii) the Public Service Commission;
(iii) the Judicial Service Commission;
(iv) the Teachers Service Commission;
(v) the National Police Service Commission;
(vi) the Defence Council;  and
(vii) the Senate, on behalf of the county governments;
(c) one  person each nominated by—
(i) an umbrella body representing trade unions;
(ii) an umbrella body representing employers; and
(iii)  a  joint  forum  of  professional  bodies  as  provided  by
legislation;
(d) one person each nominated by—
(i) the Cabinet Secretary responsible for finance; and136
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(ii) the Attorney-General; and
(e) one person who has experience in the management of human
resources in the public service, nominated by the Cabinet
Secretary responsible for public service.
(3) The Commissioners   under clause (1) ( d) and (e) shall have
no vote.
(4) The powers and functions of the Salaries and Remuneration
Commission shall be to—
(a) set and regularly review the remuneration and benefits of all
State officers; and
(b)  advise  the  national  and  county  governments  on  the
remuneration and benefits of all other public officers.
(5) In performing its functions, the Commission shall take the
following principles into account—
(a) the need to ensure that the total public compensation bill is
fiscally sustainable;
(b) the need to ensure that the public services are able to attract
and retain the skills required to execute their functions;
(c) the need to recognise productivity and performance; and
(d) transparency and fairness.
Central Bank of Kenya.
231. (1) There is established the Central Bank of Kenya.
(2)  The  Central  Bank  of  Kenya  shall  be  responsible  for
formulating monetary policy, 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 under the direction or
control of any person or authority in the exercise of its powers or in the
performance of its functions.
(4) Notes and coins issued by the Central Bank of Kenya may
bear images that depict or symbolise Kenya or an aspect of Kenya but
shall not bear the portrait of any individual.
(5)  An  Act  of  Parliament  shall  provide  for  the  composition,
powers, functions and operations of the Central Bank of Kenya.137
Constitution of Kenya, 2010
CHAPTER THIRTEEN—THE PUBLIC SERVICE
PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE
Values and principles of public service.
232. (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 making;
(e) accountability for administrative acts;
(f)transparency and provision to the public of timely, accurate
information;
(g) subject to paragraphs ( h) and (i), fair competition and  merit as
the basis of appointments and promotions;
(h) representation of Kenya’s diverse communities; and
(i)affording adequate and equal opportunities for appointment,
training and advancement, at all levels of the public service,
of—
(i)men and women;
(ii)the members of all ethnic groups; and
(iii) persons with disabilities.
(2) The values and principles of public service apply to public
service in—
(a) all State organs in both levels of government; and
(b) all State corporations.
(3) Parliament shall enact legislation to give full effect to this
Article.
PART 2—THE PUBLIC SERVICE COMMISSION
The Public Service Commission.
233. (1) There is established the Public Service Commission.138
Constitution of Kenya, 2010
(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 appointment
as a member of the Commission if the person––
(a) has, at any time within the preceding five years, held office, or
stood for election as—
(i) a member of Parliament or of a county assembly; or
(ii) a member of the governing body of a political party; or
(b) holds any State office;
(c) is, or has at any time been, a candidate for election as a
member of Parliament or of a county assembly; or
(d) is, or has at any time been, the holder of an office in any
political organisation that sponsors or otherwise supports, or
has  at  any  time  sponsored  or  otherwise  supported,  a
candidate for election as a member of  Parliament or of a
county assembly.
(4) Clause (3) (c) and (d) cease to apply to a person after two
general  elections  for  Parliament  have  been  held  since  the  person
ceased to be such a candidate or office holder.
(5) There shall be a secretary to the Commission.
(6) The secretary—
(a) is the chief executive of the Commission; and
(b) shall be appointed by the Commission for a term of five years,
and is eligible for re-appointment once.
Functions and powers of the Public Service Commission.
234. (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 appointments;139
Constitution of Kenya, 2010
(b) exercise disciplinary control over and  remove persons holding
or acting in those offices;
(c) promote the values and principles referred to in Articles 10
and 232 throughout the public service;
(d)  investigate,  monitor  and  evaluate  the  organisation,
administration and personnel practices of the public service;
(e) ensure that the public service is efficient and effective;
(f) develop human resources in the public service;
(g)  review  and  make  recommendations  to  the  national
government  in  respect  of  conditions  of  service,  code  of
conduct and qualifications of officers in the public service;
(h) evaluate and report to the President and Parliament on the
extent  to  which  the  values  and  principles  referred  to  in
Articles 10 and 232 are complied with in the public service ;
(i) hear and determine appeals in respect of county governments’
public service; and
(j) perform any other functions and exercise any other powers
conferred by national legislation.
(3) Clauses (1) and (2) shall not apply to any of the following
offices in the public service—
(a) State offices;
(b)  an  office  of  high  commissioner,  ambassador  or  other
diplomatic or consular representative of the Republic;
(c) an office or position subject to—
(i)the Parliamentary Service Commission;
(ii) the Judicial Service Commission;
(iii) the Teachers Service Commission;
(iv) the National Police Service Commission; or
(b) an office in the service of a county government, except as
contemplated in clause (2) ( i).  140
Constitution of Kenya, 2010
(4) The Commission shall not appoint a person under clause (2)
to hold or act in any office on the personal staff of the President or a
retired President, except with the consent of the President or retired
President.
(5) The Commission may delegate, in writing, with or without
conditions, any of its functions and powers under this Article to any
one or more of its members, or to any officer, body or authority in the
public service.
Staffing of county governments.
235. (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  disciplinary  control  over  and  removing  persons
holding or acting in those offices.
(2) Clause (1) shall not apply to any office or position subject to
the Teachers Service Commission.
Protection of public officers.
236. 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 law.
PART 3—TEACHERS SERVICE COMMISSION
Teachers Service Commission.
237. (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;141
Constitution of Kenya, 2010
(c) to assign teachers employed by the Commission for service in
any public school or institution;
(d) to promote and transfer teachers;
(e) to exercise disciplinary control over teachers; and
(f) to terminate the employment of teachers.
(3) The Commission shall—
(a) review the standards of education and training of persons
entering the teaching service;
(b) review the demand for and the supply of teachers; and
(c) advise the national government on matters relating to the
teaching profession.
CHAPTER FOURTEEN—NATIONAL SECURITY
PART 1—NATIONAL SECURITY ORGANS
Principles of national security.
238. (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
guaranteed in accordance with the following principles—
(a) national security is subject to the authority of this Constitution
and Parliament;
(b) national security shall be pursued in compliance with the law
and with the utmost respect for the rule of law, democracy,
human rights and fundamental freedoms;
(c)  in  performing  their  functions  and  exercising  their  powers,
national security organs shall respect the diverse culture of
the communities within Kenya; and
(d) recruitment by the national security organs shall reflect the
diversity of the Kenyan people in equitable proportions.
National security organs.
239. (1) The national security organs are—142
Constitution of Kenya, 2010
(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 principles mentioned in Article 238 (2).
(3) In performing their functions and exercising their powers, the
national security organs and every member of the national security
organs shall not—
(a) act in a partisan manner;
(b) further any interest of a political party or cause; or
(c) prejudice a political interest or political cause that is legitimate
under this Constitution.
(4) A person shall not establish a military, paramilitary, or similar
organisation that purports to promote and guarantee national security,
except as provided for by this Constitution or an Act of Parliament.
(5)  The  national  security  organs  are  subordinate  to  civilian
authority.
(6) Parliament shall enact legislation to provide for the functions,
organisation and administration of the national security organs.
Establishment of the National Security Council
240. (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 security;
(f) the Attorney-General;
(g) the Chief of Kenya Defence Forces;143
Constitution of Kenya, 2010
(h) the Director-General of the National Intelligence Service; and
(i)the Inspector-General of the National Police Service.
(3) The Council shall exercise supervisory control over national
security organs and perform any other functions prescribed by national
legislation.
(4) The President shall preside at meetings of the Council.
(5) The Council shall appoint its secretary.
(6) The Council shall—
(a) integrate the domestic, foreign and military policies relating to
national  security  in  order  to  enable  the  national  security
organs to co-operate and function effectively; and
(b) assess and appraise the objectives, commitments and risks to
the  Republic  in  respect  of  actual  and  potential  national
security capabilities.
(7) The Council shall report annually to Parliament on the state of
the security of Kenya.
(8) The Council may, with the approval of Parliament—
(a) deploy national forces outside Kenya for—
(i)regional or international peace support operations; or
(ii) other support operations; and
(b) approve the deployment of foreign forces in Kenya.
PART 2—THE KENYA DEFENCE FORCES
Establishment of Defence Forces and Defence Council.
241. (1) There are established the Kenya Defence Forces.
(2) The Defence Forces consist of—
(a) the Kenya Army;
(b) the Kenya Air Force; and
(c) the Kenya Navy.
(3) The Defence Forces—144
Constitution of Kenya, 2010
(a)  are  responsible  for  the  defence  and  protection  of  the
sovereignty and territorial integrity of the Republic;
(b) shall assist and cooperate with other authorities in situations
of  emergency  or  disaster,  and  report  to  the  National
Assembly whenever deployed in such circumstances; and
(c)  may  be  deployed  to  restore  peace  in  any  part  of  Kenya
affected by unrest or instability only with the approval of the
National Assembly.
(4) The composition of the command of the Defence Forces shall
reflect the regional and ethnic diversity of the people of Kenya.
(5) There is established a Defence Council.
(6) The Council consist of—
(a) the Cabinet Secretary responsible for defence, who is the
chairperson;
(b) the Chief of the Kenya Defence Forces;
(c) the three commanders of the defence forces; and
(d) the Principal Secretary in the Ministry responsible for defence.
(7) The Council—
(a) is responsible for the overall policy, control, and supervision of
the Kenya Defence Forces; and
(b)  performs  any  other  functions  prescribed  by  national
legislation.
PART 3—THE NATIONAL INTELLIGENCE SERVICE
Establishment of National Intelligence Service.
242. (1) There is established the National Intelligence Service.
(2) The National Intelligence Service—
(a) is responsible for security intelligence and counter intelligence
to  enhance  national  security  in  accordance  with  this
Constitution; and
(b)  performs  any  other  functions  prescribed  by  national
legislation.145
Constitution of Kenya, 2010
PART 4—THE NATIONAL POLICE SERVICE
Establishment of the National Police Service.
243. (1) There is established the National Police Service.
(2) The National Police Service consists of—
(a) the Kenya Police Service; and
(b) the Administration Police Service.
(3) The National Police Service is a national service and shall
function throughout Kenya.
(4) Parliament shall enact legislation to give full effect to this
Article.
Objects and functions of the National Police Service.
244. The National Police Service shall—
(a)  strive  for  the  highest  standards  of  professionalism  and
discipline among its members;
(b) prevent corruption and promote and practice transparency
and accountability;
(c)  comply  with  constitutional  standards  of  human  rights  and
fundamental freedoms;
(d) train staff to the highest possible standards of competence
and integrity and to respect human rights and fundamental
freedoms and dignity; and
(e) foster and promote relationships with the broader society.
Command of the National Police Service.
245. (1) There is established the office of the Inspector-General
of the National Police Service.
(2) The Inspector-General—
(a) is appointed by the President with the approval of Parliament;
and
(b) shall exercise independent command over the National Police
Service,  and  perform  any  other  functions  prescribed  by
national legislation.146
Constitution of Kenya, 2010
(3)  The  Kenya  Police  Service  and  the  Administration  Police
Service  shall  each  be  headed  by  a  Deputy  Inspector-General
appointed by the President in accordance with the recommendation of
the National Police Service Commission.
(4) The Cabinet secretary responsible for police services may
lawfully give a direction to the Inspector-General with respect to any
matter of policy for the National Police Service, but no person may give
a direction to the Inspector-General with respect to—
(a) the investigation of any particular offence or offences;
(b) the enforcement of the law against any particular person or
persons; or
(c)  the  employment,  assignment,  promotion,  suspension  or
dismissal of any member of the National  Police Service.
(5) Any direction given to the Inspector-General by the Cabinet
secretary  responsible  for  police  services  under  clause  (4),  or  any
direction  given  to  the  Inspector-General  by  the  Director  of  Public
Prosecutions under Article 157(4), shall be in writing.
(6)  The  Inspector-General  shall  be  appointed  for  a  single
four-year term, and is not eligible for re-appointment.
(7) The Inspector-General may be removed from office by the
President only on the grounds of—
(a)  serious  violation  of  this  Constitution  or  any  other  law,
including a contravention of Chapter Six;
(b) gross misconduct whether in the performance of the office
holder’s functions or otherwise;
(c)  physical  or  mental  incapacity  to  perform  the  functions  of
office;
(d) incompetence;
(e) bankruptcy; or
(f) any other just cause.
(8) Parliament shall enact legislation to give full effect to this
Article.
National Police Service Commission.
246. (1)  There  is  established  the  National  Police  Service  147
Constitution of Kenya, 2010
Commission.
(2) The Commission consists of—
(a) the following persons, each appointed by the President—
(i)a person who is qualified to be appointed as a High
Court Judge;
(ii)two retired senior police officers; and
(iii) three persons of integrity who have served the public with
distinction;
(b) the Inspector-General of the National Police Service; and
(c)  both  Deputy  Inspectors-General  of  the  National  Police
Service.
(3) The Commission shall—
(a) recruit and appoint persons to hold or act in offices in the
service,  confirm  appointments,  and  determine  promotions
and transfers within the National Police Service;
(b) observing due process, exercise disciplinary control over and
remove  persons  holding  or  acting  in  offices  within  the
Service; and
(c) perform any other functions prescribed by national legislation.
(4) The composition of the National Police Service shall reflect
the regional and ethnic diversity of the people of Kenya.
Other police services.
247. Parliament may enact legislation establishing other police
services under the supervision of the National Police Service and the
command of the Inspector-General of the Service.
CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT
OFFICES
Application of Chapter.
248. (1) This Chapter applies to the commissions specified in
clause (2) and the independent offices specified in clause (3), except
to the extent that this Constitution provides otherwise.
(2) The commissions are—148
Constitution of Kenya, 2010
(a) the Kenya National Human Rights and Equality Commission;
(b) the National Land Commission;
(c) the Independent Electoral and Boundaries Commission;
(d) the Parliamentary Service Commission;
(e) the Judicial Service Commission;
(f) the Commission on Revenue Allocation;
(g) the Public Service Commission;
(h) the Salaries and Remuneration Commission;
(i) the Teachers Service Commission; and
(j) the National Police Service Commission.
(3) The independent offices are—
(a) the Auditor-General; and
(b) the Controller of Budget.
Objects, authority and funding of commissions and independent
offices.
249. (1) The objects of the commissions and the independent
offices are to—
(a) protect the sovereignty of the people;
(b)  secure  the  observance  by  all State  organs  of democratic
values and principles; and
(c) promote constitutionalism.
(2) The commissions and the holders of independent offices—
(a) are subject only to this Constitution and the law; and
(b) are independent and not subject to direction or control by any
person or authority.
(3)  Parliament  shall  allocate  adequate  funds  to  enable  each
commission and independent office to perform its functions and the
budget of each commission and independent office shall be a separate
vote.149
Constitution of Kenya, 2010
Composition, appointment and terms of office.
250. (1) Each commission shall consist of at least three, but not
more than nine, members.
(2) The chairperson and each member of a commission, and the
holder of an independent office, shall be—
(a) identified and recommended for appointment in a manner
prescribed by national legislation;
(b) approved by the National Assembly; and
(c) appointed by the President.
(3)  To  be  appointed,  a  person  shall  have  the  specific
qualifications required by this Constitution or national legislation.
(4) Appointments to commissions and independent offices shall
take into account the national values referred to in Article 10, and the
principle that the composition of the commissions and offices, taken as
a whole, shall reflect the regional and ethnic diversity of the people of
Kenya.
(5) A member of a commission may serve on a part-time basis.
(6) A member of a commission, or the holder of an independent
office—
(a) unless  ex officio, shall be appointed for a single term of six
years and is not eligible for re-appointment; and
(b) unless ex officio or part-time, shall not hold any other office or
employment for profit, whether public or private.
(7) The remuneration and benefits payable to  or in respect of a
commissioner or the holder of an independent office shall be a charge
on the Consolidated Fund.
(8) The remuneration and benefits payable to, or in respect of, a
commissioner or the holder of an independent office shall not be varied
to the disadvantage of that commissioner or holder of an independent
office.
(9) A member of a commission, or the holder of an independent
office, is not liable for anything done in good faith in the performance of
a function of office.150
Constitution of Kenya, 2010
(10) The members of a commission shall elect a vice-chairperson
from among themselves—
(a) at the first sitting of the commission; and
(b) whenever it is necessary to fill a vacancy in the office of the
vice-chairperson.
(11) The chairperson and vice-chairperson of a commission shall
not be of the same gender.
(12) There shall be a Secretary to each commission who shall be
—
(a) appointed by the commission; and
(b) the chief executive officer of the commission.
Removal from office.
251. (1) A member of a commission (other than an  ex officio
member), or the holder of an independent office, may be removed from
office only for—
(a)  serious  violation  of  this  Constitution  or  any  other  law,
including a contravention of Chapter Six;
(b)  gross  misconduct,  whether  in  the  performance  of  the
member’s or office holder’s functions or otherwise;
(c)  physical  or  mental  incapacity  to  perform  the  functions  of
office;
(d) incompetence; or
(e) bankruptcy.
(2) A person desiring the removal of a member of a commission
or of a holder of an independent office on any ground specified in
clause (1) may present a petition to the National Assembly setting out
the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it is
satisfied that it discloses a ground under clause (1), shall send the
petition to the President.
(4) On receiving a petition under clause (3), the President—
(a)  may  suspend  the  member  or  office  holder  pending  the
outcome of the complaint; and151
Constitution of Kenya, 2010
(b) shall appoint a tribunal in accordance with clause (5).
(5) The tribunal shall consist of—
(a) a person who holds or has held office as a judge of a superior
court, who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as
High Court judges; and
(c) one other member who is qualified to assess the facts in
respect of the particular ground for removal.
(6) The tribunal shall investigate the matter expeditiously, report
on the facts and make a binding recommendation to the President,
who shall act in accordance with the recommendation within thirty
days.
(7) A person suspended under this Article is entitled to continue
to receive one-half of the remuneration and benefits of the office while
suspended.
General functions and powers.
252. (1) Each commission, and each holder of an independent
office—
(a)  may  conduct  investigations  on  its  own  initiative  or  on  a
complaint made by a member of the public;
(b)  has  the  powers  necessary  for  conciliation,  mediation  and
negotiation;
(c) shall recruit its own staff; and
(d)  may  perform  any  functions  and  exercise  any  powers
prescribed  by  legislation,  in  addition  to  the  functions  and
powers conferred by this Constitution.
(2) A complaint to a commission or the holder of an independent
office  may  be  made  by  any  person  entitled  to  institute  court
proceedings under Article 22 (1) and (2).
(3) The following commissions and independent offices have the
power to issue a summons to a witness to assist for the purposes of its
investigations—
(a) the Kenya National Human Rights and Equality Commission;
(b) the Judicial Service Commission;152
Constitution of Kenya, 2010
(c) the National Land Commission; and
(d) the Auditor-General.
Incorporation of commissions and independent offices.
253. Each commission and each independent office—
(a) is a body corporate with perpetual succession and a seal; and
(b) is capable of suing and being sued in its corporate name.
Reporting by commissions and independent offices.
254. (1) As soon as practicable after the end of each financial
year, each commission, and each holder of an independent office,
shall submit a report to the President and to Parliament.
(2) At  any time, the President,  the  National Assembly or the
Senate may require a commission or holder of an independent office to
submit a report on a particular issue.
(3) Every  report required from a commission  or holder of  an
independent office under this Article shall be published and publicised.
CHAPTER SIXTEEN—AMENDMENT OF THIS CONSTITUTION
Amendment of this Constitution.
255. (1) A proposed amendment to this Constitution shall be
enacted  in  accordance  with  Article  256  or  257,  and  approved  in
accordance with clause (2) by a referendum, if the amendment relates
to any of the following matters—
(a) the supremacy of this Constitution;
(b) the territory of Kenya;
(c) the sovereignty of the people;
(d) the national values and principles of governance referred to in
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 203 of the Constitution of Kenya.
- The index files it under the chapter heading “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”.
- The passage runs to about 6,105 words.
- Read plainly, it mentions fair hearing — it guarantees a fair hearing — a court or tribunal that hears you and decides impartially (the words used: “impartial”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “impartial”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “assemblies”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “Equalisation”); it mentions education — it concerns education, schooling or training (the words used: “school”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“(1); and”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 37 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Kenya, article 203, Portable Lawyer, https://www.portablelaw.com/provision/46d81d01-be93-4325-b980-ddedc7a58380 (accessed 27 September 2026).

## Related

- [Constitution of Kenya](https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028)
- [Kenya on Portable Lawyer](https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028)
- [HTML version of this provision](https://www.portablelaw.com/provision/46d81d01-be93-4325-b980-ddedc7a58380)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 203 of the Constitution of Kenya (chapter: “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”). (c) a summary of any significant deviation from the Commission on Revenue Allocation’s recommendations, with an explanation for each such deviation.129 Constitution of Kenya, 2010…