Constitution of the Republic of Kenya 2010


Affirmative Action (Broadly)

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action2 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Affirmative Action (Broadly)

Parliament shall enact legislation to promote the representation in Parliament of—
(a) women;
(b) persons with disabilities;
(c) youth;
(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)3

Affirmative Action (Broadly)

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall—
(a) recommend to the President persons for appointment as judges;

(2) In the performance of its functions, the Commission shall be guided by the following—
(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality. (Art. 172)

Affirmative Action (Broadly)

(11) The chairperson and vice-chairperson of a commission4 shall not be of the same gender.
… (Art. 250)

Citizenship and Nationality

(1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.
(2) Citizenship may be acquired by birth or registration.
(3) Citizenship is not lost through marriage or the dissolution of marriage. (Art. 13)

Citizenship and Nationality

(1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.
(3) Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya.
(4) A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.
(5) A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship. (Art. 14)

Citizenship and Nationality

(1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.
(2) A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen.
(3) A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen.
(4) Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.
… (Art. 15)

Citizenship and Nationality

A citizen by birth does not lose citizenship by acquiring the citizenship of another country. (Art. 16)

Citizenship and Nationality

(2) The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14(4), may be revoked if—
(a) the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;
(b) the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or
(c) the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya. (Art. 17)

Citizenship and Nationality

Parliament shall enact legislation—
(a) prescribing procedures by which a person may become a citizen;

(e) prescribing procedures for revocation of citizenship;

(g) generally giving effect to the provisions of this Chapter.
… (Art. 18)

Jurisdiction and Access

(4) Appeals shall lie from the Court of Appeal to the Supreme Court—
(a) as of right in any case involving the interpretation or application of this Constitution;
(b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).
… (Art. 163)

Jurisdiction and Access

(3) Subject to clause (5), the High Court shall have—

(d) jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of—
(i) the question whether any law is inconsistent with or in contravention of this Constitution;
(ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention of, this Constitution;
(iii) any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government;
(iv) a question relating to conflict of laws under Article 191;
… (Art. 165)

Jurisdiction and Access

(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by—
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members. (Art. 258)

Education

(1) Every person has the right—

(f) to education.
… (Art. 43)

Education

(1) Every child has the right—

(b) to free and compulsory basic education;
… (Art. 53)

Education

The State shall take measures, including affirmative action programmes, to ensure that the youth—
(a) access relevant education and training;
… (Art. 55)

Education

16. Universities, tertiary educational institutions and other institutions of research and higher learning and primary schools, special education, secondary schools and special education institutions.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 1 – National Government)

Employment Rights and Protection

(1) Every person has the right to fair labour practices.
(2) Every worker has the right—
(a) to fair remuneration;
(b) to reasonable working conditions;
… (Art. 41)

Employment Rights and Protection

13. Labour standards.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 1 – National Government)

Equality and Non-Discrimination

… RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law: … (Preamble)

Equality and Non-Discrimination

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—

(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
… (Art. 10)

Equality and Non-Discrimination

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action6 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Obligations of the State

… RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law: … (Preamble)

Obligations of the State

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—

(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
… (Art. 10)

Obligations of the State

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
(3) The rights and fundamental freedoms in the Bill of Rights—
(a) belong to each individual and are not granted by the State;
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
(c) are subject only to the limitations contemplated in this Constitution. (Art. 19)

Obligations of the State

(1) The Bill of Rights applies to all law and binds all State organs and all persons.
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
… (Art. 20)

Obligations of the State

(1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43.
(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. (Art. 21)

Obligations of the State

(1) This Constitution shall be interpreted in a manner that—
...
(b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights;
... (Art. 259)

Obligations of Private Parties

(1) The Bill of Rights applies to all law and binds all State organs and all persons.
… (Art. 20)

Judicial Protection

(3) In applying a provision of the Bill of Rights, a court shall—
(a) develop the law to the extent that it does not give effect to a right or fundamental freedom; and
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
(4) In interpreting the Bill of Rights, a court, tribunal or other authority shall promote—
(a) the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and
(b) the spirit, purport and objects of the Bill of Rights.
(5) In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—
(a) it is the responsibility of the State to show that the resources are not available;
(b) in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and
(c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion. (Art. 20)

Judicial Protection

(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by—
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members.
… (Art. 22)

Judicial Protection

(1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(2) Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(3) In any proceedings brought under Article 22, a court may grant appropriate relief, including—
(a) a declaration of rights;
(b) an injunction;
(c) a conservatory order;
(d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24;
(e) an order for compensation; and
(f) an order of judicial review. (Art. 23)

Judicial Protection

(3) Subject to clause (5), the High Court shall have—

(b) jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
… (Art. 165)

National Human Rights Bodies

(1) There is established the Kenya National Human Rights and Equality Commission.
(2) The functions of the Commission are—
(a) to promote respect for human rights and develop a culture of human rights in the Republic;
(b) to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development;
(c) to promote the protection, and observance of human rights in public and private institutions;
(d) to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs;
(e) to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;
(f) on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;
(g) to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights; …
(3) Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(4) Parliament shall enact legislation to give full effect to this Part, and any such legislation may restructure the Commission into two or more separate commissions.
… (Art. 59)

National Human Rights Bodies

(11) The chairperson and vice-chairperson of a commission7 shall not be of the same gender.
… (Art. 250)

Indigenous Peoples

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Indigenous Peoples

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services and infrastructure. (Art. 56)

Indigenous Peoples

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2).
… (Art. 63)

Indigenous Peoples

Parliament shall enact legislation to promote the representation in Parliament of—

(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)

Indigenous Peoples

The objects of the devolution of government are—
...
(d) to recognise the right of communities to manage their own affairs and to further their development;
(e) to protect and promote the interests and rights of minorities and marginalised communities;
… (Art. 174)

Indigenous Peoples

(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Indigenous Peoples

(3) The national government may use the Equalisation Fund-

(b) either directly, or indirectly through conditional grants to counties in which marginalised communities exist. (Art. 204)

Indigenous Peoples

… “marginalised community” means-
(a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;
(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;
(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
(d) pastoral persons and communities, whether they are-
(i) nomadic; or
(ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole;
“marginalised group” means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4);
… (Art. 260)

Limitations and/or Derogations

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
(3) The rights and fundamental freedoms in the Bill of Rights—
(a) belong to each individual and are not granted by the State;
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
(c) are subject only to the limitations contemplated in this Constitution. (Art. 19)

Limitations and/or Derogations

(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors including—
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
(2) Despite clause (1), a provision in legislation limiting a right or fundamental freedom—
(a) in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation;
(b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
(4) The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Limitations and/or Derogations

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) the right to a fair trial; and
(d) the right to an order of habeas corpus. (Art. 25)

Limitations and/or Derogations

(6) Any legislation enacted in consequence of a declaration of a state of emergency—
(a) may limit a right or fundamental freedom in the Bill of Rights only to the extent that—
(i) the limitation is strictly required by the emergency; and
(ii) the legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency; and
(b) shall not take effect until it is published in the Gazette.
… (Art. 58)

Marriage and Family Life

(4) The provisions of this Chapter8 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Marriage and Family Life

Every person has the right to privacy, which includes the right not to have—

(c) information relating to their family or private affairs unnecessarily required or revealed;
… (Art. 31)

Marriage and Family Life

(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)9

Marriage and Family Life

(1) Every child has the right

(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not;
… (Art. 53)

Marriage and Family Life

Parliament shall—
(c) enact legislation—

(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
… (Art. 68)

Marriage and Family Life

(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts. (Art. 170)

Minorities

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Minorities

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services and infrastructure. (Art. 56)

Minorities

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2). … (Art. 63)

Minorities

Parliament shall enact legislation to promote the representation in Parliament of—

(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)

Minorities

The objects of the devolution of government are—

(d) to recognise the right of communities to manage their own affairs and to further their development;
(e) to protect and promote the interests and rights of minorities and marginalised communities;
… (Art. 174)

Minorities

(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Minorities

(3) The national government may use the Equalisation Fund-

(b) either directly, or indirectly through conditional grants to counties in which marginalised communities exist. (Art. 204)

Minorities

… “marginalised community” means-
(a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;
(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;
(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
(d) pastoral persons and communities, whether they are-
(i) nomadic; or
(ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole;
“marginalised group” means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4);
… (Art. 260)

Participation in Public Life and Institutions

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action10 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Participation in Public Life and Institutions

(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 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.
… (Art. 127)

Participation in Public Life and Institutions

(1) There is established the Judicial Service Commission.
(2) The Commission shall consist of—
(a) the Chief Justice, who shall be the chairperson of the Commission;
(b) one Supreme Court judge elected by the judges of the Supreme Court;
(c) one Court of Appeal judge elected by the judges of the Court of Appeal;
(d) one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
(e) the Attorney-General;
(f) two advocates, one a woman and one a man, each of whom has at least fifteen years’ experience, elected by the members;
of the statutory body responsible for the professional regulation of advocates;
(g) one person nominated by the Public Service Commission; and
(h) one woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.
… (Art. 171)

Participation in Public Life and Institutions

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall—
(a) recommend to the President persons for appointment as judges;

(2) In the performance of its functions, the Commission shall be guided by the following—
(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality. (Art. 172)

Participation in Public Life and Institutions

(1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government.
(2) National legislation prevails over county legislation if—
(a) the national legislation applies uniformly throughout Kenya and any of the conditions specified in clause (3) is satisfied; …
(3) The following are the conditions referred to in clause (2)(a)––

(c) the national legislation is necessary for—

(v) the promotion of equal opportunity or equal access to government services;
... (Art. 191)

Participation in Public Life and Institutions

(1) The values and principles of public service include—

(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.
… (Art. 232)

Participation in Public Life and Institutions

(11) The chairperson and vice-chairperson of a commission11 shall not be of the same gender.
… (Art. 250)

Political Rights and Association

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Art. 27)

Political Rights and Association

(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
… (Art. 36)

Political Rights and Association

(1) Every citizen is free to make political choices, which includes the right—
(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit members for, a political party; or
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions—
(a) to be registered as a voter;
(b) to vote by secret ballot in any election or referendum; and
(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. (Art. 38)

Political Rights and Association

The electoral system shall comply with the following principles—
(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
… (Art. 81)

Political Rights and Association

(1) A person qualifies for registration as a voter at elections or referenda if the person—
(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an election offence during the preceding five years.
… (Art. 83)

National level

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action12 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

National level

The electoral system shall comply with the following principles

(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;

(d) universal suffrage based on the aspiration for fair representation and equality of vote;
… (Art. 81)

National level

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

(b) except in the case of the seats provided for under Article 98(1)(b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
… (Art. 90)

National level

(1) The National Assembly consists of—

(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
… (Art. 97)

National level

(1) The Senate consists of—

(b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
(c) two members, being one man and one woman, representing the youth;
(d) two members, being one man and one woman, representing persons with disabilities;
… (Art. 98)

Subnational levels

County governments established under this Constitution shall reflect the following principles

(c) no more than two-thirds of the members of representative bodies in each county government shall be of the same gender. (Art. 175)

Subnational levels

A county assembly consists of—
(a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year;
(b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
… (Art. 177)

Subnational levels

(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
… (Art. 197)13

Political Parties

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
… (Art. 90)

Political Parties

(1) Every political party shall—
(a) have a national character as prescribed by an Act of Parliament;
(b) have a democratically elected governing body;
(c) promote and uphold national unity;
(d) abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;
(e) respect the right of all persons to participate in the political process, including minorities and marginalised groups;
(f) respect and promote human rights and fundamental freedoms, and gender equality and equity;
(g) promote the objects and principles of this Constitution and the rule of law; and
(h) subscribe to and observe the code of conduct for political parties.
(2) A political party shall not—
(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c) establish or maintain a paramilitary force, militia or similar organisation;
(d) engage in bribery or other forms of corruption; or
(e) except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections. (Art. 91)

Electoral Bodies

(1) There is established the Independent Electoral and Boundaries Commission.

(4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament … (Art. 88)

Electoral Bodies

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
… (Art. 90)

Electoral Bodies

(11) The chairperson and vice-chairperson of a commission14 shall not be of the same gender.
… (Art. 250)

Head of State

(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;
… (Art. 131)

Head of State

(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.
… (Art. 136)

Head of State

(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.
… (Art. 137)

Vice-President

(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.
(2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.
(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.
… (Art. 147)

Vice-President

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
(2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) (d) shall not apply to a candidate for Deputy President.
(3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
… (Art. 148)

Government

(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. (Art. 130)

Government

(1) The Cabinet consists of—
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
(2) The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.
… (Art. 152)

Legislature

(1) Elections for the seats in Parliament provided for under Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) (b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
… (Art. 90)

Legislature

(1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.
(2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution. (Art. 93)

Legislature

(1) The National Assembly consists of—
(a) two hundred and ninety members, each elected by the registered voters of single member constituencies;
(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
(c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and
(d) the Speaker, who is an ex officio member.
(2) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a). (Art. 97)

Legislature

(1) The Senate consists of—
(a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
(b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
(c) two members, being one man and one woman, representing the youth;
(d) two members, being one man and one woman, representing persons with disabilities; and
(e) the Speaker, who shall be an ex officio member.
(2) The members referred to in clause (1) (c) and (d) shall be elected in accordance with Article 90.
(3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a). (Art. 98)

Legislature

(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
(c) is nominated by a political party, or is an independent candidate who is supported—
(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii) in the case of election to the Senate, by at least two thousand registered voters in the county.
… (Art. 99)

Legislature

Parliament shall enact legislation to promote the representation in Parliament of—
(a) women;
(b) persons with disabilities;
(c) youth;
(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)15

Property, Inheritance and Land Tenure

(4) The provisions of this Chapter16 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Property, Inheritance and Land Tenure

(1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property—
(a) of any description; and
(b) in any part of Kenya.
… (Art. 40)

Property, Inheritance and Land Tenure

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
(a) equitable access to land;
(b) security of land rights;

(f) elimination of gender discrimination in law, customs and practices related to land and property in land; and
(g) encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.
(2) These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation. (Art. 60)

Property, Inheritance and Land Tenure

(1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
… (Art. 61)

Property, Inheritance and Land Tenure

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2).
… (Art. 63)

Property, Inheritance and Land Tenure

Private land consists of —
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under an Act of Parliament. (Art. 64)

Property, Inheritance and Land Tenure

Parliament shall—
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation—
(i) to prescribe minimum and maximum land holding acreages in respect of private land;
(ii) to regulate the manner in which any land may be converted from one category to another;
(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) to protect, conserve and provide access to all public land;
(v) to enable the review of all grants or dispositions of public land to establish their propriety or legality;
(vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land;
… (Art. 68)

Property, Inheritance and Land Tenure

(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
… (Art. 170)

Protection from Violence

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
… (Art. 25)

Protection from Violence

Every person has the right to freedom and security of the person, which includes the right not to be—

(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner. (Art. 29)

Protection from Violence

(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour. (Art. 30)

Protection from Violence

(2) The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4). … (Art. 33)

Protection from Violence

(1) Every child has the right—

(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
… (Art. 53)

Protection from Violence

(2) A political party shall not—
(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
… (Art. 91)

Public Institutions and Services

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Public Institutions and Services

(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
... (Art. 45)

Public Institutions and Services

The following principles shall guide all aspects of public finance in the Republic—
...
(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Public Institutions and Services

9. Pre-primary education, village polytechnics, homecraft centres and childcare facilities.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 2 – County Governments)

Sexual and Reproductive Rights

(1) Every person has the right to life.
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. (Art. 26)

Sexual and Reproductive Rights

(1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
… (Art. 43)

Status of the Constitution

(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
... (Art. 2)

Status of the Constitution

(1) Every person has an obligation to respect, uphold and defend this Constitution.
… (Art. 3)

Status of the Constitution

(3) Traditional dispute resolution mechanisms shall not be used in a way that—
...
(c) is inconsistent with this Constitution or any written law. (Art. 159)

Status of International Law

(5) The general rules of international law shall form part of the law of Kenya.
(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. (Art. 2)

Status of International Law

(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. (Art. 21)

Status of International Law

(1) There is established the Kenya National Human Rights and Equality Commission.
(2) The functions of the Commission are—

(g) to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights;
… (Art. 59)

Religious Law

There shall be no State religion. (Art. 8)

Religious Law

(4) The provisions of this Chapter17 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Religious Law

(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)

Religious Law

(1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts. (Art. 170)

Customary Law

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
… (Art. 2)

Customary Law

(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)

Customary Law

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—

(f) elimination of gender discrimination in law, customs and practices related to land and property in land;
… (Art. 60)

Customary Law

(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—

(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);

(3) Traditional dispute resolution mechanisms shall not be used in a way that—
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law. (Art. 159)

Affirmative Action (Broadly)

English

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action2 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Affirmative Action (Broadly)

English

Parliament shall enact legislation to promote the representation in Parliament of—
(a) women;
(b) persons with disabilities;
(c) youth;
(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)3

Affirmative Action (Broadly)

English

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall—
(a) recommend to the President persons for appointment as judges;

(2) In the performance of its functions, the Commission shall be guided by the following—
(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality. (Art. 172)

Affirmative Action (Broadly)

English

(11) The chairperson and vice-chairperson of a commission4 shall not be of the same gender.
… (Art. 250)

Citizenship and Nationality

English

(1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.
(2) Citizenship may be acquired by birth or registration.
(3) Citizenship is not lost through marriage or the dissolution of marriage. (Art. 13)

Citizenship and Nationality

English

(1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.
(3) Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya.
(4) A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.
(5) A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship. (Art. 14)

Citizenship and Nationality

English

(1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.
(2) A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen.
(3) A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen.
(4) Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.
… (Art. 15)

Citizenship and Nationality

English

A citizen by birth does not lose citizenship by acquiring the citizenship of another country. (Art. 16)

Citizenship and Nationality

English

(2) The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14(4), may be revoked if—
(a) the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;
(b) the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or
(c) the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya. (Art. 17)

Citizenship and Nationality

English

Parliament shall enact legislation—
(a) prescribing procedures by which a person may become a citizen;

(e) prescribing procedures for revocation of citizenship;

(g) generally giving effect to the provisions of this Chapter.
… (Art. 18)

Jurisdiction and Access

English

(4) Appeals shall lie from the Court of Appeal to the Supreme Court—
(a) as of right in any case involving the interpretation or application of this Constitution;
(b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).
… (Art. 163)

Jurisdiction and Access

English

(3) Subject to clause (5), the High Court shall have—

(d) jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of—
(i) the question whether any law is inconsistent with or in contravention of this Constitution;
(ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention of, this Constitution;
(iii) any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government;
(iv) a question relating to conflict of laws under Article 191;
… (Art. 165)

Jurisdiction and Access

English

(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by—
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members. (Art. 258)

Education

English

(1) Every person has the right—

(f) to education.
… (Art. 43)

Education

English

(1) Every child has the right—

(b) to free and compulsory basic education;
… (Art. 53)

Education

English

The State shall take measures, including affirmative action programmes, to ensure that the youth—
(a) access relevant education and training;
… (Art. 55)

Education

English

16. Universities, tertiary educational institutions and other institutions of research and higher learning and primary schools, special education, secondary schools and special education institutions.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 1 – National Government)

Employment Rights and Protection

English

(1) Every person has the right to fair labour practices.
(2) Every worker has the right—
(a) to fair remuneration;
(b) to reasonable working conditions;
… (Art. 41)

Employment Rights and Protection

English

13. Labour standards.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 1 – National Government)

Equality and Non-Discrimination

English

… RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law: … (Preamble)

Equality and Non-Discrimination

English

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—

(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
… (Art. 10)

Equality and Non-Discrimination

English

(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action6 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Obligations of the State

English

… RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law: … (Preamble)

Obligations of the State

English

(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—

(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
… (Art. 10)

Obligations of the State

English

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
(3) The rights and fundamental freedoms in the Bill of Rights—
(a) belong to each individual and are not granted by the State;
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
(c) are subject only to the limitations contemplated in this Constitution. (Art. 19)

Obligations of the State

English

(1) The Bill of Rights applies to all law and binds all State organs and all persons.
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
… (Art. 20)

Obligations of the State

English

(1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43.
(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. (Art. 21)

Obligations of the State

English

(1) This Constitution shall be interpreted in a manner that—
...
(b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights;
... (Art. 259)

Obligations of Private Parties

English

(1) The Bill of Rights applies to all law and binds all State organs and all persons.
… (Art. 20)

Judicial Protection

English

(3) In applying a provision of the Bill of Rights, a court shall—
(a) develop the law to the extent that it does not give effect to a right or fundamental freedom; and
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
(4) In interpreting the Bill of Rights, a court, tribunal or other authority shall promote—
(a) the values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and
(b) the spirit, purport and objects of the Bill of Rights.
(5) In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—
(a) it is the responsibility of the State to show that the resources are not available;
(b) in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and
(c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion. (Art. 20)

Judicial Protection

English

(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by—
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members.
… (Art. 22)

Judicial Protection

English

(1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(2) Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(3) In any proceedings brought under Article 22, a court may grant appropriate relief, including—
(a) a declaration of rights;
(b) an injunction;
(c) a conservatory order;
(d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24;
(e) an order for compensation; and
(f) an order of judicial review. (Art. 23)

Judicial Protection

English

(3) Subject to clause (5), the High Court shall have—

(b) jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
… (Art. 165)

National Human Rights Bodies

English

(1) There is established the Kenya National Human Rights and Equality Commission.
(2) The functions of the Commission are—
(a) to promote respect for human rights and develop a culture of human rights in the Republic;
(b) to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development;
(c) to promote the protection, and observance of human rights in public and private institutions;
(d) to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs;
(e) to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;
(f) on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;
(g) to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights; …
(3) Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
(4) Parliament shall enact legislation to give full effect to this Part, and any such legislation may restructure the Commission into two or more separate commissions.
… (Art. 59)

National Human Rights Bodies

English

(11) The chairperson and vice-chairperson of a commission7 shall not be of the same gender.
… (Art. 250)

Indigenous Peoples

English

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Indigenous Peoples

English

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services and infrastructure. (Art. 56)

Indigenous Peoples

English

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2).
… (Art. 63)

Indigenous Peoples

English

Parliament shall enact legislation to promote the representation in Parliament of—

(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)

Indigenous Peoples

English

The objects of the devolution of government are—
...
(d) to recognise the right of communities to manage their own affairs and to further their development;
(e) to protect and promote the interests and rights of minorities and marginalised communities;
… (Art. 174)

Indigenous Peoples

English

(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Indigenous Peoples

English

(3) The national government may use the Equalisation Fund-

(b) either directly, or indirectly through conditional grants to counties in which marginalised communities exist. (Art. 204)

Indigenous Peoples

English

… “marginalised community” means-
(a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;
(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;
(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
(d) pastoral persons and communities, whether they are-
(i) nomadic; or
(ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole;
“marginalised group” means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4);
… (Art. 260)

Limitations and/or Derogations

English

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
(3) The rights and fundamental freedoms in the Bill of Rights—
(a) belong to each individual and are not granted by the State;
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
(c) are subject only to the limitations contemplated in this Constitution. (Art. 19)

Limitations and/or Derogations

English

(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors including—
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
(2) Despite clause (1), a provision in legislation limiting a right or fundamental freedom—
(a) in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation;
(b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
(4) The provisions of this Chapter on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Limitations and/or Derogations

English

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) the right to a fair trial; and
(d) the right to an order of habeas corpus. (Art. 25)

Limitations and/or Derogations

English

(6) Any legislation enacted in consequence of a declaration of a state of emergency—
(a) may limit a right or fundamental freedom in the Bill of Rights only to the extent that—
(i) the limitation is strictly required by the emergency; and
(ii) the legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency; and
(b) shall not take effect until it is published in the Gazette.
… (Art. 58)

Marriage and Family Life

English

(4) The provisions of this Chapter8 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Marriage and Family Life

English

Every person has the right to privacy, which includes the right not to have—

(c) information relating to their family or private affairs unnecessarily required or revealed;
… (Art. 31)

Marriage and Family Life

English

(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)9

Marriage and Family Life

English

(1) Every child has the right

(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not;
… (Art. 53)

Marriage and Family Life

English

Parliament shall—
(c) enact legislation—

(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
… (Art. 68)

Marriage and Family Life

English

(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts. (Art. 170)

Minorities

English

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Minorities

English

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services and infrastructure. (Art. 56)

Minorities

English

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2). … (Art. 63)

Minorities

English

Parliament shall enact legislation to promote the representation in Parliament of—

(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)

Minorities

English

The objects of the devolution of government are—

(d) to recognise the right of communities to manage their own affairs and to further their development;
(e) to protect and promote the interests and rights of minorities and marginalised communities;
… (Art. 174)

Minorities

English

(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Minorities

English

(3) The national government may use the Equalisation Fund-

(b) either directly, or indirectly through conditional grants to counties in which marginalised communities exist. (Art. 204)

Minorities

English

… “marginalised community” means-
(a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;
(b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;
(c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
(d) pastoral persons and communities, whether they are-
(i) nomadic; or
(ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole;
“marginalised group” means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4);
… (Art. 260)

Participation in Public Life and Institutions

English

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action10 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

Participation in Public Life and Institutions

English

(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 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.
… (Art. 127)

Participation in Public Life and Institutions

English

(1) There is established the Judicial Service Commission.
(2) The Commission shall consist of—
(a) the Chief Justice, who shall be the chairperson of the Commission;
(b) one Supreme Court judge elected by the judges of the Supreme Court;
(c) one Court of Appeal judge elected by the judges of the Court of Appeal;
(d) one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
(e) the Attorney-General;
(f) two advocates, one a woman and one a man, each of whom has at least fifteen years’ experience, elected by the members;
of the statutory body responsible for the professional regulation of advocates;
(g) one person nominated by the Public Service Commission; and
(h) one woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.
… (Art. 171)

Participation in Public Life and Institutions

English

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall—
(a) recommend to the President persons for appointment as judges;

(2) In the performance of its functions, the Commission shall be guided by the following—
(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality. (Art. 172)

Participation in Public Life and Institutions

English

(1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government.
(2) National legislation prevails over county legislation if—
(a) the national legislation applies uniformly throughout Kenya and any of the conditions specified in clause (3) is satisfied; …
(3) The following are the conditions referred to in clause (2)(a)––

(c) the national legislation is necessary for—

(v) the promotion of equal opportunity or equal access to government services;
... (Art. 191)

Participation in Public Life and Institutions

English

(1) The values and principles of public service include—

(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.
… (Art. 232)

Participation in Public Life and Institutions

English

(11) The chairperson and vice-chairperson of a commission11 shall not be of the same gender.
… (Art. 250)

Political Rights and Association

English

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
… (Art. 27)

Political Rights and Association

English

(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
… (Art. 36)

Political Rights and Association

English

(1) Every citizen is free to make political choices, which includes the right—
(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit members for, a political party; or
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions—
(a) to be registered as a voter;
(b) to vote by secret ballot in any election or referendum; and
(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. (Art. 38)

Political Rights and Association

English

The electoral system shall comply with the following principles—
(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
… (Art. 81)

Political Rights and Association

English

(1) A person qualifies for registration as a voter at elections or referenda if the person—
(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an election offence during the preceding five years.
… (Art. 83)

National level

English

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action12 programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. (Art. 27)

National level

English

The electoral system shall comply with the following principles

(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;

(d) universal suffrage based on the aspiration for fair representation and equality of vote;
… (Art. 81)

National level

English

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

(b) except in the case of the seats provided for under Article 98(1)(b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
… (Art. 90)

National level

English

(1) The National Assembly consists of—

(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
… (Art. 97)

National level

English

(1) The Senate consists of—

(b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
(c) two members, being one man and one woman, representing the youth;
(d) two members, being one man and one woman, representing persons with disabilities;
… (Art. 98)

Subnational levels

English

County governments established under this Constitution shall reflect the following principles

(c) no more than two-thirds of the members of representative bodies in each county government shall be of the same gender. (Art. 175)

Subnational levels

English

A county assembly consists of—
(a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year;
(b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
… (Art. 177)

Subnational levels

English

(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
… (Art. 197)13

Political Parties

English

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
… (Art. 90)

Political Parties

English

(1) Every political party shall—
(a) have a national character as prescribed by an Act of Parliament;
(b) have a democratically elected governing body;
(c) promote and uphold national unity;
(d) abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;
(e) respect the right of all persons to participate in the political process, including minorities and marginalised groups;
(f) respect and promote human rights and fundamental freedoms, and gender equality and equity;
(g) promote the objects and principles of this Constitution and the rule of law; and
(h) subscribe to and observe the code of conduct for political parties.
(2) A political party shall not—
(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c) establish or maintain a paramilitary force, militia or similar organisation;
(d) engage in bribery or other forms of corruption; or
(e) except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections. (Art. 91)

Electoral Bodies

English

(1) There is established the Independent Electoral and Boundaries Commission.

(4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament … (Art. 88)

Electoral Bodies

English

(1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
… (Art. 90)

Electoral Bodies

English

(11) The chairperson and vice-chairperson of a commission14 shall not be of the same gender.
… (Art. 250)

Head of State

English

(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;
… (Art. 131)

Head of State

English

(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.
… (Art. 136)

Head of State

English

(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.
… (Art. 137)

Vice-President

English

(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.
(2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.
(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.
… (Art. 147)

Vice-President

English

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
(2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) (d) shall not apply to a candidate for Deputy President.
(3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
… (Art. 148)

Government

English

(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. (Art. 130)

Government

English

(1) The Cabinet consists of—
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
(2) The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.
… (Art. 152)

Legislature

English

(1) Elections for the seats in Parliament provided for under Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) (b) and (c), shall be on the basis of proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed;
… (Art. 90)

Legislature

English

(1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.
(2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution. (Art. 93)

Legislature

English

(1) The National Assembly consists of—
(a) two hundred and ninety members, each elected by the registered voters of single member constituencies;
(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
(c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and
(d) the Speaker, who is an ex officio member.
(2) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a). (Art. 97)

Legislature

English

(1) The Senate consists of—
(a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
(b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
(c) two members, being one man and one woman, representing the youth;
(d) two members, being one man and one woman, representing persons with disabilities; and
(e) the Speaker, who shall be an ex officio member.
(2) The members referred to in clause (1) (c) and (d) shall be elected in accordance with Article 90.
(3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a). (Art. 98)

Legislature

English

(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and
(c) is nominated by a political party, or is an independent candidate who is supported—
(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii) in the case of election to the Senate, by at least two thousand registered voters in the county.
… (Art. 99)

Legislature

English

Parliament shall enact legislation to promote the representation in Parliament of—
(a) women;
(b) persons with disabilities;
(c) youth;
(d) ethnic and other minorities; and
(e) marginalised communities. (Art. 100)15

Property, Inheritance and Land Tenure

English

(4) The provisions of this Chapter16 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Property, Inheritance and Land Tenure

English

(1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property—
(a) of any description; and
(b) in any part of Kenya.
… (Art. 40)

Property, Inheritance and Land Tenure

English

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
(a) equitable access to land;
(b) security of land rights;

(f) elimination of gender discrimination in law, customs and practices related to land and property in land; and
(g) encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.
(2) These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation. (Art. 60)

Property, Inheritance and Land Tenure

English

(1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
… (Art. 61)

Property, Inheritance and Land Tenure

English

(1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists of—
(a) land lawfully registered in the name of group representatives under the provisions of any law;
(b) land lawfully transferred to a specific community by any process of law;
(c) any other land declared to be community land by an Act of Parliament; and
(d) land that is—
(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under Article 62(2).
… (Art. 63)

Property, Inheritance and Land Tenure

English

Private land consists of —
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under an Act of Parliament. (Art. 64)

Property, Inheritance and Land Tenure

English

Parliament shall—
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and
(c) enact legislation—
(i) to prescribe minimum and maximum land holding acreages in respect of private land;
(ii) to regulate the manner in which any land may be converted from one category to another;
(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) to protect, conserve and provide access to all public land;
(v) to enable the review of all grants or dispositions of public land to establish their propriety or legality;
(vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land;
… (Art. 68)

Property, Inheritance and Land Tenure

English

(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
… (Art. 170)

Protection from Violence

English

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
… (Art. 25)

Protection from Violence

English

Every person has the right to freedom and security of the person, which includes the right not to be—

(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner. (Art. 29)

Protection from Violence

English

(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour. (Art. 30)

Protection from Violence

English

(2) The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4). … (Art. 33)

Protection from Violence

English

(1) Every child has the right—

(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
… (Art. 53)

Protection from Violence

English

(2) A political party shall not—
(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
… (Art. 91)

Public Institutions and Services

English

(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
… (Art. 21)

Public Institutions and Services

English

(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
... (Art. 45)

Public Institutions and Services

English

The following principles shall guide all aspects of public finance in the Republic—
...
(b) the public finance system shall promote an equitable society, and in particular—

(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
… (Art. 201)

Public Institutions and Services

English

9. Pre-primary education, village polytechnics, homecraft centres and childcare facilities.
… (Fourth Schedule - Distribution of Functions between the National Government and the County Governments, Part 2 – County Governments)

Sexual and Reproductive Rights

English

(1) Every person has the right to life.
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. (Art. 26)

Sexual and Reproductive Rights

English

(1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
… (Art. 43)

Status of the Constitution

English

(1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
... (Art. 2)

Status of the Constitution

English

(1) Every person has an obligation to respect, uphold and defend this Constitution.
… (Art. 3)

Status of the Constitution

English

(3) Traditional dispute resolution mechanisms shall not be used in a way that—
...
(c) is inconsistent with this Constitution or any written law. (Art. 159)

Status of International Law

English

(5) The general rules of international law shall form part of the law of Kenya.
(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. (Art. 2)

Status of International Law

English

(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. (Art. 21)

Status of International Law

English

(1) There is established the Kenya National Human Rights and Equality Commission.
(2) The functions of the Commission are—

(g) to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights;
… (Art. 59)

Religious Law

English

There shall be no State religion. (Art. 8)

Religious Law

English

(4) The provisions of this Chapter17 on equality shall be qualified to the extent strictly necessary for the application of Muslim law before the Kadhis’ courts, to persons who profess the Muslim religion, in matters relating to personal status, marriage, divorce and inheritance.
… (Art. 24)

Religious Law

English

(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)

Religious Law

English

(1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts. (Art. 170)

Customary Law

English

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
… (Art. 2)

Customary Law

English

(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45)

Customary Law

English

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—

(f) elimination of gender discrimination in law, customs and practices related to land and property in land;
… (Art. 60)

Customary Law

English

(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—

(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);

(3) Traditional dispute resolution mechanisms shall not be used in a way that—
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law. (Art. 159)

1

Links to all sites last visited 2 March 2016

2

Affirmative action’ includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;” (Art. 260)

3

According to the Fifth Schedule “Legislation to be Enacted by Parliament” there is a time specification of five years to enact legislation on “Promotion of representation of marginalised groups.” (Art. 100)

4

According to Art. 248: (2) “The commissions are— (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.”

5

Clause 5 states as follows: "A certification by the Court of Appeal under clause (4) (b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned."

6

" 'Affirmative action' includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;” (Art. 260)

7

According to Art. 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— (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.”

8

Chapter 4 on Bill of Rights.

9

According to the Fifth Schedule “Legislation to be Enacted by Parliament” there is a time specification of five years to enact legislation on “Family.” (Art. 45)

10

'Affirmative action' includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;” (Art. 260)

11

According to Art. 248: (2)“ The commissions are— (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.”

12

'Affirmative action' includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;” (Art. 260)

13

According to the Fifth Schedule “Legislation to be Enacted by Parliament” there is a time specification of three years to enact legislation on “County assembly gender balance and diversity.” (Art. 197)

14

According to Art. 248: (2)“The commissions are— (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.”

15

According to the Fifth Schedule “Legislation to be Enacted by Parliament” there is a time specification of five years to enact legislation on “Promotion of representation of marginalised groups.” (Art. 100)

16

Chapter 4 on Bill of Rights.

17

Chapter 4 on Bill of Rights.