# Article 98 of the Constitution of Kenya

- Jurisdiction: Kenya (KE)
- Article: 98
- Chapter (as indexed): Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL
- Source document: The Kenya Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/ea9aebda-7e72-4aca-b504-4bcc9fc39d58
- This document: https://www.portablelaw.com/provision/ea9aebda-7e72-4aca-b504-4bcc9fc39d58/md
- Constitution: https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028

## Verbatim text

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twenty-one  days  of  the  occurrence  of  the  vacancy,  give  notice  in
writing of the vacancy to—
(a) the Independent Electoral and Boundaries Commission;
and61
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(b) the political party on whose party list the member was elected
or nominated.
(3) A vacancy referred to in clause (2) shall, subject to clause (5),
be  filled  in  the  manner prescribed  by  an  Act  of  Parliament  within
twenty-one days of the notification by the respective Speaker.
(4) Whenever a vacancy occurs in the office of a member of the
National Assembly elected under Article 97 (1) ( a) or (b), or of the
Senate elected under Article 98 (1) ( a)—
(a) 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
(b)  a  by-election  shall  be  held  within  ninety  days  of  the
occurrence of the vacancy, subject to clause (5).
(5) A vacancy referred to in clause (4) shall not be filled within the
three months immediately before a general election.
Term of Parliament.
102. (1) The term of each House of Parliament expires on the
date of the next general election.
(2)  When  Kenya  is  at  war,  Parliament  may,  by  resolution
supported in each House by at least two-thirds of all the members of
the House, from time to time extend the term of Parliament by not
more than six months at a time.
(3) The term of Parliament shall not be extended under clause (2)
for a total of more than twelve months.
Vacation of office of member of Parliament.
103. (1) The office of a member of Parliament becomes vacant—
(a) if the member dies;
(b) if, during any session of Parliament, the member is absent
from eight sittings of the relevant House without permission,
in  writing,  from  the  Speaker,  and  is  unable  to  offer  a
satisfactory  explanation  for  the  absence  to  the  relevant
committee;
(c) if the member is otherwise removed from office under this
Constitution or legislation enacted under Article 80;
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(d)  if  the  member  resigns  from  Parliament  in  writing  to  the
Speaker;
(e) if, having been elected to Parliament—
(i) as a member of a political party, the member resigns from
that party or is deemed to have resigned from the party
as  determined  in  accordance  with  the  legislation
contemplated in clause (2); or
(ii) as an independent candidate, the member joins a political
party;
(f)at the end of the term of the relevant House; or
(g) if the member becomes disqualified for election to Parliament
under Article 99 (2) ( d) to (h).
(3)  Parliament  shall  enact  legislation  providing  for  the
circumstances under which a member of  a political party  shall be
deemed, for the purposes of clause (1) ( e), to have resigned from the
party.
Right of recall.
104. (1) The electorate under Articles 97 and 98 have the right to
recall the member of Parliament representing their constituency before
the end of the term of the relevant House of Parliament.
(2) Parliament shall enact legislation to provide for the grounds
on which a member may be recalled and the procedure to be followed.
Determination of questions of membership.
105. (1) The High Court shall hear and determine any question
whether—
(a) a person has been validly elected as a member of Parliament;
or
(b) the seat of a member has become vacant.
(2) A question under clause (1) shall be heard and determined
within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this
Article.63
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PART 3—OFFICES OF PARLIAMENT
Speakers and Deputy Speakers of Parliament.
106. (1) There shall be—
(a) a Speaker for each House of Parliament, who shall be elected
by that House in accordance with the Standing Orders, from
among persons who are qualified to be elected as members
of Parliament but are not such members; and
(b) a Deputy Speaker for each House of Parliament, who shall be
elected  by  that  House  in  accordance  with  the  Standing
Orders, from among the members of that House.
(2) The office of Speaker or Deputy Speaker shall become vacant
—
(a) when a new House of Parliament first meets after an election;
(b)  if  the  office  holder,  as  a  member  of  the  relevant  House,
vacates office under Article 103;
(c) if the relevant House so resolves by resolution supported by
the votes of at least two-thirds of its members; or
(d) if the office holder resigns from office in a letter addressed to
the relevant House.
Presiding in Parliament.
107. (1) At any sitting of a House of Parliament—
(a) the Speaker presides;
(b) in the absence of the Speaker, the Deputy Speaker presides;
and
(c)  in  the  absence  of  the  Speaker and  the  Deputy  Speaker,
another member of the House elected by the House presides.
(2) At a joint sitting of the Houses of Parliament, the Speaker of
the National Assembly shall preside, assisted by the Speaker of the
Senate.
Party leaders.
108. (1) There shall be a leader of the majority party and a leader
of the minority party.
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(2) The leader of the majority party shall be the person who is the
leader in the National Assembly of the largest party or coalition of
parties.
(3) The leader of the minority party shall be the person who is the
leader in the National Assembly of the second largest party or coalition
of parties.
(4) The following order of precedence shall be observed in the
National Assembly—
(a) the Speaker of the National Assembly;
(b) the leader of the majority party; and
(c) the leader of the minority party.
PART 4—PROCEDURES FOR ENACTING LEGISLATION
Exercise of legislative powers.
109. (1) Parliament shall exercise its legislative power through
Bills passed by Parliament and assented to by the President.
(2) Any Bill may originate in the National Assembly.
(3) A Bill not concerning county government is considered only in
the National Assembly, and passed in accordance with Article 122 and
the Standing Orders of the Assembly.
(4) A Bill concerning county government may originate in the
National Assembly or the Senate, and is passed in accordance with
Articles 110 to 113, Articles 122 and 123 and the Standing Orders of
the Houses.
(5) A Bill may be introduced by any member or committee of the
relevant House of Parliament, but a money Bill may be introduced only
in the National Assembly in accordance with Article 114.
Bills concerning county government.
110.  (1)  In  this  Constitution,  “a  Bill  concerning  county
government” means—
(a) a Bill containing provisions affecting the functions and powers
of the county governments set out in the Fourth Schedule;
(b) a Bill relating to the election of members of a county assembly
or a county executive; and65
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(c) a Bill referred to in Chapter Twelve affecting the finances of
county governments.
(2) A Bill concerning county governments is—
(a) a special Bill, which shall be considered under Article 111, if it
—
(i) relates to the election of members of a county assembly or
a county executive; or
(ii) is the annual County Allocation of Revenue Bill referred to
in Article 218; or
(b) an ordinary Bill, which shall be considered under Article 112,
in any other case.
(3) Before either House considers a Bill, the Speakers of the
National Assembly and Senate shall jointly resolve any question as to
whether it is a Bill concerning counties and, if it is, whether it is a
special or an ordinary Bill.
(4)  When  any  Bill  concerning  county  government  has  been
passed by one House of Parliament, the Speaker of that House shall
refer it to the Speaker of the other House.
(5) If both Houses pass the Bill in the same form, the Speaker of
the House in which the Bill originated shall, within seven days, refer
the Bill to the President for assent.
Special Bills concerning county governments.
111.  (1) A special Bill  concerning  a  county  government  shall
proceed in the same manner as an ordinary Bill concerning county
government, subject to clauses (2) and (3).
(2) The National Assembly may amend or veto a special Bill that
has been passed by the Senate only by a resolution supported by at
least two-thirds of the members of the Assembly.
(3) If a resolution in the National Assembly to amend or veto a
special Bill fails to pass, the Speaker of the Assembly shall, within
seven days, refer the Bill, in the form adopted by the Senate, to the
President for assent.
Ordinary Bills concerning county governments.
112.  (1)  If  one  House  passes  an  ordinary  Bill  concerning
counties, and the second House—
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(a) rejects the Bill, it shall be referred to a mediation committee
appointed under Article 113; or
(b) passes the Bill in an amended form, it shall be referred back
to the originating House for reconsideration.
(2) If, after the originating House has reconsidered a Bill referred
back to it under clause (1) ( b), that House—
(a) passes the Bill as amended, the Speaker of that House shall
refer the Bill to the President within seven days for assent; or
(b) rejects the Bill as amended, the Bill  shall be  referred to a
mediation committee under Article 113.
Mediation committees.
113. (1) If a Bill is referred to a mediation committee under Article
112, the Speakers of both Houses shall appoint a mediation committee
consisting of equal numbers of members of each House to attempt to
develop a version of the Bill that both Houses will pass.
(2) If the mediation committee agrees on a version of the Bill,
each House shall vote to approve or reject that version of the Bill.
(3) If both Houses approve the version of the Bill proposed by the
mediation committee, the Speaker of the National Assembly shall refer
the Bill to the President within seven days for assent.
(4) If the mediation committee fails to agree on a version of the
Bill within thirty days, or if a version proposed by the committee is
rejected by either House, the Bill is defeated.
Money Bills.
114. (1) A money Bill may not deal with any matter other than
those listed in the definition of “ a money Bill” in clause (3).
(2) If, in the opinion of the Speaker of the National Assembly, a
motion makes provision for a matter listed in the definition of “a money
Bill”,  the  Assembly  may  proceed  only  in  accordance  with  the
recommendation  of  the  relevant  Committee  of  the  Assembly  after
taking into account the views of the Cabinet Secretary responsible for
finance.
(3) In this Constitution, “a money Bill” means a Bill, other than a
Bill specified in Article 218, that contains provisions dealing with—
(a) taxes;67
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(b) the imposition of charges on a public fund or the variation or
repeal of any of those charges;
(c) the  appropriation,  receipt,  custody,  investment  or issue  of
public money;
(d) the raising or guaranteeing of any loan or its repayment; or
(e) matters incidental to any of those matters.
(4) In clause (3), “tax”, “public money”, and “loan” do not include
any tax, public money or loan raised by a county.
Presidential assent and referral.
115. (1) Within fourteen days after receipt of a Bill, the President
shall—
(a) assent to the Bill; or
(b)  refer  the  Bill  back  to  Parliament  for  reconsideration  by
Parliament, noting any reservations that the President has
concerning the Bill.
(2)  If  the  President  refers  a  Bill  back  for  reconsideration,
Parliament may, following the appropriate procedures under this Part
—
(a) amend the Bill in light of the President’s reservations; or
(b) pass the Bill a second time without amendment.
(3)  If  Parliament  amendeds  the  Bill  fully  accommodating  the
President’s reservations, the appropriate Speaker shall re-submit it to
the President for assent.
(4)  Parliament,  after  considering  the  President’s  reservations,
may  pass  the  Bill  a  second  time,  without  amendment,  or  with
amendments  that  do  not  fully  accommodate  the  President’s
reservations, by a vote supported—
(a) by two-thirds of members of the National Assembly; and
(b) two-thirds of the delegations in the Senate, if it is a Bill that
requires the approval of the Senate.
(5) If Parliament has passed a Bill under clause (4)—
(a) the appropriate Speaker shall within seven days re-submit it
to the President; and
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(b) the President shall within seven days assent to the Bill.
(6) If the President does not assent to a Bill or refer it back within
the period prescribed in clause (1), or assent to it under (5) ( b), the Bill
shall be taken to have been assented to on the expiry of that period.
Coming into force of laws.
116. (1) A Bill passed by Parliament and assented to by the
President shall be published in the  Gazette as an Act of Parliament
within seven days after  assent.
(2) Subject to clause (3), an Act of Parliament comes into force
on the fourteenth day after its publication in the Gazette, unless the Act
stipulates a different date on or time at which it will come into force.
(3) An Act of Parliament that confers a direct pecuniary interest
on members of Parliament shall not come into force until after the next
general election of members of Parliament.
(4) Clause (3) does not apply to an interest that members of
Parliament have as members of the public.
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
Powers, privileges and immunities.
117. (1)  There  shall  be  freedom  of  speech  and  debate  in
Parliament.
(2) Parliament may, for the purpose of the orderly and effective
discharge  of  the  business  of  Parliament,  provide  for  the  powers,
privileges and immunities of Parliament, its committees, the leader of
the majority party, the leader of the minority party, the chairpersons of
committees and members.
Public access and participation.
118. (1) Parliament shall—
(a) conduct its business in an open manner, and  its sittings and
those of its committees shall be open to the   public; and
(b) facilitate public participation and involvement in the legislative
and other business of Parliament and its committees.
(2) Parliament may not exclude the public, or any media, from
any sitting unless in exceptional circumstances the relevant Speaker
has determined that there are justifiable reasons for the exclusion.69
Constitution of Kenya, 2010
Right to petition Parliament.
119. (1)  Every  person  has  a  right  to  petition  Parliament  to
consider any matter within its authority, including to enact, amend or
repeal any legislation.
(2) Parliament shall make provision for the procedure for the
exercise of this right.
Official languages of Parliament.
120. (1) The official languages of Parliament shall be Kiswahili,
English and Kenyan Sign language, and the business of Parliament
may be conducted in English, Kiswahili and Kenyan Sign language.
(2) In case of a conflict between different language versions of an
Act of Parliament, the version signed by the President shall prevail.
Quorum.
121. The quorum of Parliament shall be––
(a) fifty members, in the case of the National Assembly; or
(b) fifteen members, in the case of the Senate.
Voting in Parliament.
122. (1) Except as otherwise provided in this Constitution, any
question proposed for decision in either House of Parliament shall be
determined by a majority of the members in that House, present and
voting.
(2) On a question proposed for decision in either House—
(a) the Speaker has no vote; and
(b) in the case of a tie, the question is lost.
(3)  A  member  shall  not  vote  on  any  question  in  which  the
member has a pecuniary interest.
(4)  In  reckoning  the  number  of  members  of  a  House  of
Parliament for any purpose of voting in that House, the Speaker of that
House shall not be counted as a member.
Decisions of Senate.
123. (1) On election, all the members of the Senate who were
registered as voters in a particular county shall collectively constitute a
single delegation for purposes of clause (4) and the member elected
under Article 98 (1) ( a) shall be the head of the delegation.
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(2) When the Senate is to vote on any matter other than a Bill,
the Speaker shall rule on whether the matter affects or does not affect
counties.
(3) When the  Senate  votes  on a matter that  does  not  affect
counties, each senator has one vote.
(4)  Except  as  provided  otherwise  in  this  Constitution,  in  any
matter in the Senate affecting counties—
(a) each county delegation shall have one vote to be cast on
behalf of the county by the head of the county delegation or,
in the absence of the head of the delegation, by another
member  of  the  delegation  designated  by  the  head  of the
delegation;
(b)  the  person  who  votes  on  behalf  of  a  delegation  shall
determine whether or not to vote in support of, or against, the
matter, after consulting the other members of the delegation;
and
(c) the matter is carried only if it is supported by a majority of all
the delegations.
Committees and Standing Orders.
124. (1) Each House of Parliament may establish committees,
and  shall  make  Standing  Orders  for  the  orderly  conduct  of  its
proceedings, including the proceedings of its committees.
(2)  Parliament  may  establish  joint  committees  consisting  of
members of both Houses and may jointly regulate the procedure of
those committees.
(3) The proceedings of either House are not invalid just because
of—
(a) a vacancy in its membership; or
(b) the presence or participation of any person not entitled to be
present at, or to participate in, the proceedings of the House.
(4) When a House of Parliament considers any appointment for
which its approval is required under this Constitution or an Act of
Parliament—
(a) the appointment shall be considered by a committee of the
relevant House;71
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(b) the committee’s recommendation shall be tabled in the House
for approval; and
(c) the proceedings of the committee and the House shall be
open to the public.
Power to call for evidence.
125. (1) Either House of Parliament, and any of its committees,
has power to summon any person to appear before it for the purpose
of giving evidence or providing information.
(2) For the purposes of clause (1), a House of Parliament and
any of its committees has the same powers as the High Court—
(a) to enforce the attendance of witnesses and examine them on
oath, affirmation or otherwise;
(b) to compel the production of documents; and
(c)  to  issue  a  commission  or  request  to  examine  witnesses
abroad.
PART 6—MISCELLANEOUS
Location of sittings of Parliament.
126. (1) A sitting of either House may be held at any place within
Kenya and may commence at any time that the House appoints.
(2) Whenever a new House is elected, the President, by notice in
the Gazette, shall appoint the place and date for the first sitting of the
new House, which shall be not more than thirty days after the election.
Parliamentary Service Commission.
127. (1)  There  is  established  the  Parliamentary  Service
Commission.
(2) The Commission consists of—
(a) the Speaker of the National Assembly, as chairperson;
(b)  a  vice-chairperson  elected  by  the  Commission  from  the
members appointed under paragraph ( c);
(c)  seven  members  appointed  by  Parliament  from  among  its
members of whom—
(i) four shall be nominated equally from both Houses by the
party  or  coalition  of  parties  forming  the  national
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government, of whom at least two shall be women; and
(ii) three shall be nominated by the parties not forming the
national government, at least one of whom shall be
nominated from each House and at least one of whom
shall be a woman; and
(d)  one  man  and  one  woman  appointed  by  Parliament  from
among persons who are experienced in public affairs, but are
not members of Parliament.
(3)  The  Clerk  of  the  Senate  shall  be  the  Secretary  to  the
Commission.
(4) A member of the Commission shall vacate office—
(a) if the person is a member of Parliament—
(i) at the end of the term of the House of which the person is
a member; or
(ii) if the person ceases to be a member of Parliament; or
(b) if the person is an appointed member, on revocation of the
person’s appointment by Parliament.
(5) Despite clause (4), when the term of a House of Parliament
ends, a member of the Commission appointed under clause (2) ( c)
shall continue in office until a new member has been appointed in the
member’s place by the next House.
(6) The Commission is responsible for—
(a) providing services and facilities to ensure the efficient and
effective functioning of Parliament;
(b)  constituting  offices  in  the  parliamentary  service,  and
appointing and supervising office holders;
(c)  preparing  annual  estimates  of  expenditure  of  the
parliamentary  service  and submitting them to the National
Assembly for approval, and exercising budgetary control over
the service;
(d) undertaking, singly or jointly with other relevant organisations,
programmes  to  promote  the  ideals  of  parliamentary
democracy; and
(e) performing other functions—73
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(i) necessary for the well-being of the members and staff of
Parliament; or
(ii) prescribed by national legislation.
Clerks and staff of Parliament.
128. (1) There shall be a Clerk for each House of Parliament,
appointed by the Parliamentary Service Commission with the approval
of the relevant House.
(2) The offices of the Clerks and offices of members of the staff of
the Clerks shall be offices in the Parliamentary Service.
CHAPTER NINE—THE EXECUTIVE
PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE
Principles of executive authority.
129. (1) Executive authority derives from the people of Kenya
and shall be exercised in accordance with this Constitution.
(2) Executive authority shall be exercised in a manner compatible
with the principle of service to the people of Kenya, and for their
well-being and benefit.
The National Executive.
130. (1) The national executive of the Republic comprises the
President, the Deputy President and the rest of the Cabinet.
(2) The composition of the national executive shall reflect the
regional and ethnic diversity of the people of Kenya.
PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
Authority of the President.
131. (1) The President—
(a) is the Head of State and Government;
(b) exercises the executive authority of the Republic, with the
assistance of the Deputy President and Cabinet Secretaries;
(c) is the Commander-in-Chief of the Kenya Defence Forces;
(d) is the chairperson of the National Security Council; and
(e) is a symbol of national unity.
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(2) The President shall—
(a) respect, uphold and safeguard this Constitution;
(b) safeguard the sovereignty of the Republic;
(c) promote and enhance the unity of the nation;
(d)  promote  respect  for  the  diversity  of  the  people  and
communities of Kenya; and
(e)  ensure  the  protection  of  human  rights  and  fundamental
freedoms and the rule of law.
(3) The President shall not hold any other State or public office.
Functions of the President.
132. (1) The President shall—
(a) address the opening of each newly elected Parliament;
(b) address a special sitting of Parliament once every year and
may address Parliament at any other time; and
(c) once every year—
(i)report, in an address to the nation, on all the measures
taken and the progress achieved in the realisation of
the national values,  referred to  in Article 10;
(ii)publish in the Gazette the details of the measures and
progress  under sub-paragraph (i); and
(iii) submit a report for debate to the National Assembly on
the  progress  made  in  fulfilling  the  international
obligations of the Republic.
(2) The President shall nominate and, with the approval of the
National Assembly, appoint, and may dismiss—
(a) the Cabinet Secretaries, in accordance with Article 152;
(b) the Attorney-General, in accordance with Article 156;
(c) the Secretary to the Cabinet in accordance with Article 154;
(d) Principal Secretaries in accordance with Article 155;
(e)  high  commissioners,  ambassadors  and  diplomatic  and
consular representatives; and75
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(f) in accordance with this Constitution, any other State or public
officer  whom  this  Constitution  requires  or  empowers  the
President to appoint or dismiss.
(3) The President shall—
(a) chair Cabinet meetings;
(b)  direct  and  co-ordinate  the  functions  of  ministries  and
government departments; and
(c) by a decision published in the Gazette, assign responsibility
for  the  implementation  and  administration  of  any  Act  of
Parliament  to  a  Cabinet  Secretary,  to  the  extent  not
inconsistent with any Act of Parliament.
(4) The President may—
(a)  perform  any  other  executive  function  provided  for  in  this
Constitution or in national legislation and, except as otherwise
provided for in this Constitution, may establish an office in the
public service in accordance with the recommendation of the
Public Service Commission;
(b) receive foreign diplomatic and consular representatives;
(c) confer honours in the name of the people and the Republic;
(d) subject to Article 58, declare a state of emergency; and
(e) with the approval of Parliament, declare war.
(5) The President shall ensure that the international obligations of
the Republic are fulfilled through the actions of the relevant Cabinet
Secretaries.
Power of mercy.
133. (1)  On  the  petition  of  any  person,  the  President  may
exercise  a  power  of  mercy  in  accordance  with  the  advice  of  the
Advisory Committee established under clause (2), by—
(a) granting a free or conditional pardon to a person convicted of
an offence;
(b) postponing  the  carrying  out  of  a punishment, either for a
specified or indefinite period;
(c) substituting a less severe form of punishment; or
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(d) remitting all or part of a punishment.
(2) There shall be an Advisory Committee on the Power of Mercy,
comprising—
(a) the Attorney-General;
(b) the Cabinet Secretary responsible for correctional services;
and
(c)  at  least  five  other  members  as  prescribed  by  an  Act  of
Parliament, none of whom may be a State officer or in public
service.
(3) Parliament shall enact legislation to provide for—
(a) the tenure of the members of the Advisory Committee;
(b) the procedure of the Advisory Committee; and
(c) criteria that shall be applied by the Advisory Committee in
formulating its advice.
(4) The Advisory Committee may take into account the views of
the victims of the offence in respect of which it is considering making
recommendations to the President .
Exercise of presidential powers during temporary incumbency.
134. (1) A person who holds the office of President or who is
authorised in terms of this Constitution to exercise the powers of the
President—
(a) during the period commencing on the date of the first vote in a
presidential  election,  and  ending  when  the  newly  elected
President assumes office; or
(b) while the President is absent or incapacitated, or at other
times contemplated in Article 147 (3),
may not exercise the powers of the President  specified in clause (2).
(2) The powers referred to in clause (1) are—
(a) the nomination or appointment of the judges of the superior
courts;
(b)  the  nomination  or appointment  of  any  other  public  officer
whom this Constitution or legislation requires the President to
appoint;77
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(c)  the  nomination  or  appointment  or  dismissal  of  Cabinet
Secretaries and other State or Public officers;
(d)  the  nomination  or  appointment  or  dismissal  of  a  high
commissioner,  ambassador,  or  diplomatic  or  consular
representative;
(e) the power of mercy; and
(f) the authority to confer honours in the name of the people and
the Republic.
Decisions of the President.
135. A  decision  of  the  President  in  the  performance  of  any
function of the President under this Constitution shall be in writing and
shall bear the seal and signature of the President.
Election of the President.
136. (1) The President shall be elected by registered voters in a
national election conducted in accordance with this Constitution and
any Act of Parliament regulating presidential elections.
(2) An election of the President shall be held—
(a)  on  the  same  day  as  a  general  election  of  Members  of
Parliament, being the second Tuesday in August, in every
fifth year; or
(b) in the circumstances contemplated in Article 146.
Qualifications and disqualifications for election as President.
137. (1)  A  person  qualifies  for  nomination  as  a  presidential
candidate if the person—
(a) is a citizen by birth;
(b) is qualified to stand for election as a member of Parliament;
(c)  is  nominated  by  a  political  party,  or  is  an  independent
candidate; and
(d) is nominated by not fewer than two thousand voters from
each of a majority of the counties.
(2) A person is not qualified for nomination as a presidential
candidate if the person—
(a) owes allegiance to a foreign state; or
Constitution of Kenya, 2010
(b) is a public officer, or is acting in any State or other public
office.
(3) Clause (2) (b) shall not apply to—
(a) the President;
(b) the Deputy President; or
(c) a member of Parliament.
Procedure at presidential election.
138. (1) If only one candidate for President is nominated, that
candidate shall be declared elected.
(2) If two or more candidates for President are nominated, an
election shall be held in each constituency.
(3) In a presidential election—
(a)  all  persons  registered  as  voters  for  the  purposes  of
parliamentary elections are entitled to vote;
(b) the poll shall be taken by  secret ballot on the day specified  in
````

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

- The index files this text under article 98 of the Constitution of Kenya.
- The index files it under the chapter heading “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”.
- The passage runs to about 4,924 words.
- Read plainly, it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “custody”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“(1) (b), (c) or (d), the respective Speaker shall, within”), 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 98, Portable Lawyer, https://www.portablelaw.com/provision/ea9aebda-7e72-4aca-b504-4bcc9fc39d58 (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/ea9aebda-7e72-4aca-b504-4bcc9fc39d58)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 98 of the Constitution of Kenya (chapter: “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”). twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to— (a) the Independent Electoral and Boundaries Commission; and61 Constitution of Kenya,…