Article 27 of the Constitution of Kenya

Constitution of Kenya, 2010 “national legislation” means an Act of Parliament, or a law made under authority conferred by an Act of Parliament; “natural resources” means the physical non-human factors and components, whether renewable or non-renewable, including— (a) sunlight; (b) surface and groundwater; (c) forests, biodiversity and genetic resources; and (d) rocks, minerals, fossil fuels and other sources of energy; “older member of society” means a person who has attained the age of sixty years; “person” includes a company, association or other body of persons whether incorporated or unincorporated; “political party” means an association contemplated in Part 3 of Chapter Seven; “property” includes any vested or contingent right to, or interest in or arising from— (a) land, or permanent fixtures on, or improvements to, land; (b) goods or personal property; (c) intellectual property; or (d) money, choses in action or negotiable instruments; “public officer” means— (a) any State officer; or (b) any person, other that a State Officer, who holds a public office; “public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament; “public service” means the collectivity of all individuals, other than State officers, performing a function within a State organ;161 Constitution of Kenya, 2010 “Republic” means the Republic of Kenya; “State”, when used as a noun, means the collectivity of offices, organs and other entities comprising the government of the Republic under this Constitution; “State office” means any of the following offices— (a) President; (b) Deputy President; (c) Cabinet Secretary; (d) Member of Parliament; (e) Judges and Magistrates; (f) member of a commission to which Chapter Fifteen applies; (g) holder of an independent office to which Chapter Fifteen applies; (h) member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government; (i) Attorney-General; (j) Director of Public Prosecutions; (k) Secretary to the Cabinet; (l) Principal Secretary; (m) Chief of the Kenya Defence Forces; (n) commander of a service of the Kenya Defence Forces; (o) Director-General of the National Intelligence Service; (p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or (q) an office established and designated as a State office by national legislation; “State officer” means a person holding a State office; “State organ” means a commission, office, agency or other body 162 Constitution of Kenya, 2010 established under this Constitution; “writing” includes printing, photography, lithography, typewriting, Braille, and any other means of representing or reproducing words in a visible form; and “youth” means the collectivity of all individuals in the Republic who— (a) have attained the age of eighteen years; but (b) have not attained the age of thirty-five years. CHAPTER EIGHTEEN—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS Consequential legislation. 261. (1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date. (2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-thirds of all the members of the National Assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year. (3) The power of the National Assembly contemplated under clause (2), may be exercised— (a) only once in respect of any particular matter; and (b) only in exceptional circumstances to be certified by the Speaker of the National Assembly. (4) For the purposes of clause (1), the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament, as soon as reasonably practicable, to enable Parliament to enact the legislation within the period specified. (5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter. (6) The High Court in determining a petition under clause (5) may — (a) make a declaratory order on the matter; and163 Constitution of Kenya, 2010 (b) transmit an order directing Parliament and the Attorney-General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice. (7) If Parliament fails to enact legislation in accordance with an order under clause (6) ( b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament. (8) If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament. (9) If the new Parliament fails to enact legislation in accordance with clause (8), the provisions of clauses (1) to (8) shall apply afresh. Transitional and consequential provisions. 262. The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date. Effective Date. 263. This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is the earlier. Repeal of previous constitution. 264. Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the effective date shall stand repealed on the effective date, SCHEDULES FIRST SCHEDULE (Article 6 (1)) COUNTIES 1. Mombasa 2. Kwale 3. Kilifi 4. Tana River 5. Lamu 6. Taita/Taveta 164 Constitution of Kenya, 2010 7. Garissa 8. Wajir 9. Mandera 10. Marsabit 11. Isiolo 12. Meru 13. Tharaka-Nithi 14. Embu 15. Kitui 16. Machakos 17. Makueni 18. Nyandarua 19. Nyeri 20. Kirinyaga 21. Murang’a 22. Kiambu 23. Turkana 24. West Pokot 25. Samburu 26. Trans Nzoia 27. Uasin Gishu 28. Elgeyo/Marakwet 29. Nandi 30. Baringo 31. Laikipia 32. Nakuru 33. Narok 34. Kajiado 35. Kericho 36. Bomet 37. Kakamega 38. Vihiga 39. Bungoma 40. Busia 41. Siaya 42. Kisumu 43. Homa Bay 44. Migori 45. Kisii 46. Nyamira 47. Nairobi City165 Constitution of Kenya, 2010 SECOND SCHEDULE (Article 9 (2)) NATIONAL SYMBOLS (a) THE NATIONAL FLAG Note—All dimensions given do not necessarily represent any particular measurement and are merely proportional. Description— Three major strips of equal width coloured from top to bottom black, red and green and separated by narrow white strips, with a symmetrical shield and white spears superimposed centrally. 166 Constitution of Kenya, 2010 (b) THE NATIONAL ANTHEM 1 1 Ee Mungu nguvu yetu O God of all creation Ilete baraka kwetu. Bless this our land and nation. Haki iwe ngao na mlinzi Justice be our shield and defender Natukae na undugu May we dwell in unity Amani na uhuru Peace and liberty Raha tupate na ustawi Plenty be found within our borders. 2 2 Amkeni ndugu zetu Let one and all arise Tufanye sote bidii With hearts both strong and true. Nasi tujitoe kwa nguvu Service be our earnest endeavour, Nchi yetu ya Kenya, And our Homeland of Kenya Tunayoipenda Heritage of splendour, Tuwe tayari kuilinda. Firm may we stand to defend. 3 3 Natujenge taifa letu Let all with one accord Ee, ndio wajibu wetu In common bond united, Kenya istahili heshima Build this our nation together Tuungane mikono And the glory of Kenya Pamoja kazini The fruit of our labour Kila siku tuwe na shukrani. Fill every heart with thanksgiving167 Constitution of Kenya, 2010 (c) THE COAT OF ARMS (d) THE PUBLIC SEAL 168 Constitution of Kenya, 2010 THIRD SCHEDULE (Articles 74, 141(3), 148(5) and 152(4)) NATIONAL OATHS AND AFFIRMATIONS OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF THE PRESIDENT/ACTING PRESIDENT AND THE DEPUTY PRESIDENT I, ………..................................................................................……, in full realisation of the high calling I assume as President/Acting President/Deputy President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. (In the case of an oath— So help me God.) OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR THE PRESIDENT/ACTING PRESIDENT I, ………..............................................................................………, swear/solemnly affirm that I will truly and diligently serve the people and the Republic of Kenya in the office of the President/ Acting President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the Office of President/Acting President of the Republic of Kenya; and I will do justice to all in accordance with this Constitution, as by law established, and the laws of Kenya, without fear, favour, affection or ill-will. (In the case of an oath— So help me God.) OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR THE DEPUTY PRESIDENT I, ……………..…..........................................................…………, do swear/solemnly affirm that I will always truly and diligently serve the people and the Republic of Kenya in the office of the Deputy President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the said office, to the best of my judgment; that I will at all times, when so required, faithfully and truly give my counsel and advice to the President of the Republic of Kenya; that I will do justice to all without fear, favour, affection or ill-will; and that I will not directly or indirectly reveal such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (In the case of an oath— So help me God.)169 Constitution of Kenya, 2010 OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR A CABINET SECRETARY I, ……........................................……………, being appointed a Cabinet Secretary of Kenya, do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic; that I will well and truly serve the people and the Republic of Kenya in the Office of a Cabinet Secretary; that I undertake to hold my office as Cabinet Secretary with honour and dignity; that I will be a true and faithful counsellor to the President for the good management of the public affairs of the Republic of Kenya; that I will not divulge directly or indirectly such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy except as may be required for the due discharge of my duties as Cabinet Secretary; and that I will perform the functions of my office conscientiously and to the best of my ability. (In the case of an oath— So help me God.). OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR SECRETARY TO THE CABINET/A PRINCIPAL SECRETARY I, ……...................................………………, being called on to exercise the functions of Secretary to the Cabinet /a Principal Secretary, do swear/solemnly affirm that, except with the authority of the President, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Cabinet committed to my secrecy, except as may be required for the due discharge of my duties as Secretary to the Cabinet /such Principal Secretary. (In the case of an oath— So help me God). OATHS FOR THE CHIEF JUSTICE /PRESIDENT OF THE SUPREME COURT, JUDGES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEAL AND JUDGES OF THE HIGH COURT I, ……………......................................………, (The Chief Justice/President of the Supreme Court, a judge of the Supreme Court, a judge of the Court of Appeal, a judge of the High Court) do (swear in the name of the Almighty God)/(solemnly affirm) to diligently serve the people and the Republic of Kenya and to impartially do Justice in accordance with this Constitution as by law established, and the laws and customs of the Republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence. In the exercise of the judicial functions entrusted to me, I will at all times, and to the best of my knowledge and ability, protect, administer and defend this Constitution with a view to upholding the dignity and the respect for the judiciary and the judicial system of Kenya and promoting fairness, independence, competence and integrity within it. (So help me God.)170 Constitution of Kenya, 2010 OATH /AFFIRMATION OF MEMBER OF PARLIAMENT (SENATE/ NATIONAL ASSEMBLY) I,………...................................……………, having been elected a member of the Senate/National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the People and the Republic of Kenya; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will faithfully and conscientiously discharge the duties of a member of Parliament. (So help me God). OATH FOR SPEAKER/DEPUTY SPEAKER OF THE SENATE/NATIONAL ASSEMBLY I, ...............................................................……………, having been elected as Speaker/Deputy Speaker of the Senate/ National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the people and the Republic of Kenya; that I will faithfully and conscientiously discharge my duties as Speaker/Deputy Speaker of the Senate/National Assembly; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will do right to all manner of persons in accordance with this Constitution of Kenya and the laws and conventions of Parliament without fear or favour, affection or ill will (So help me God).171 Constitution of Kenya, 2010 FOURTH SCHEDULE (Article 185(2), 186(1) and 187(2)) Distribution of Functions Between the National Government and the County Governments PART 1—NATIONAL GOVERNMENT 1.Foreign affairs, foreign policy and international trade. 2.The use of international waters and water resources. 3.Immigration and citizenship. 4.The relationship between religion and state. 5.Language policy and the promotion of official and local languages. 6.National defence and the use of the national defence services. 7.Police services, including— (a) the setting of standards of recruitment, training of police and use of police services; (b) criminal law; and (c) correctional services. 8.Courts. 9. National economic policy and planning. 10.Monetary policy, currency, banking (including central banking), the incorporation and regulation of banking, insurance and financial corporations. 11.National statistics and data on population, the economy and society generally. 12.Intellectual property rights. 13.Labour standards. 14.Consumer protection, including standards for social security and professional pension plans. 15.Education policy, standards, curricula, examinations and the granting of university charters. 16.Universities, tertiary educational institutions and other institutions of research and higher learning and primary schools, special education, secondary schools and special education institutions. 17.Promotion of sports and sports education. 18.Transport and communications, including, in particular— (a) road traffic; (b) the construction and operation of national trunk roads; (c) standards for the construction and maintenance of other roads by counties; (d) railways;172 Constitution of Kenya, 2010 (e) pipelines; (f) marine navigation; (g) civil aviation; (h) space travel; (i) postal services; (j) telecommunications; and (k) radio and television broadcasting. 19.National public works. 20.Housing policy. 21.General principles of land planning and the co-ordination of planning by the counties. 22.Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular— (a) fishing, hunting and gathering; (b) protection of animals and wildlife; (c) water protection, securing sufficient residual water, hydraulic engineering and the safety of dams; and (d) energy policy. 23.National referral health facilities. 24.Disaster management. 25.Ancient and historical monuments of national importance. 26.National elections. 28.Health policy. 29.Agricultural policy. 30.Veterinary policy. 31.Energy policy including electricity and gas reticulation and energy regulation. 32.Capacity building and technical assistance to the counties. 33.Public investment. 34. National betting, casinos and other forms of gambling. 35. Tourism policy and development.173 Constitution of Kenya, 2010 PART 2—COUNTY GOVERNMENTS The functions and powers of the county are— 1. Agriculture, including— (a)crop and animal husbandry; (b)livestock sale yards; (c)county abattoirs; (d)plant and animal disease control; and (e)fisheries. 2. County health services, including, in particular— (a) county health facilities and pharmacies; (b) ambulance services; (c) promotion of primary health care; (d) licensing and control of undertakings that sell food to the public; (e) veterinary services (excluding regulation of the profession); (f) cemeteries, funeral parlours and crematoria; and (g) refuse removal, refuse dumps and solid waste disposal. 3. Control of air pollution, noise pollution, other public nuisances and outdoor advertising. 4. Cultural activities, public entertainment and public amenities, including— (a) betting, casinos and other forms of gambling; (b) racing; (c) liquor licensing; (d) cinemas; (e) video shows and hiring; (f) libraries; (g) museums; (h) sports and cultural activities and facilities; and (i) county parks, beaches and recreation facilities. 5. County transport, including— (a) county roads; (b) street lighting; (c) traffic and parking; (d) public road transport; and (e) ferries and harbours, excluding the regulation of 174 Constitution of Kenya, 2010 international and national shipping and matters related thereto. 6. Animal control and welfare, including— (a) licensing of dogs; and (b) facilities for the accommodation, care and burial of animals. 7. Trade development and regulation, including— (a) markets; (b) trade licences (excluding regulation of professions); (c) fair trading practices; (d) local tourism; and (e) cooperative societies. 8. County planning and development, including— (a) statistics; (b) land survey and mapping; (c) boundaries and fencing; (d) housing; and (e) electricity and gas reticulation and energy regulation. 9. Pre-primary education, village polytechnics, homecraft centres and childcare facilities. 10. Implementation of specific national government policies on natural resources and environmental conservation, including— (a) soil and water conservation; and (b) forestry. 11. County public works and services, including— (a) storm water management systems in built-up areas; and (b) water and sanitation services. 12.Fire fighting services and disaster management. 13.Control of drugs and pornography. 14.Ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.175 Constitution of Kenya, 2010 FIFTH SCHEDULE (Article 261 (1)) LEGISLATION TO BE ENACTED BY PARLIAMENT