User:Glide08/Sandbox/Kenya Order-in-Council

CONSTITUTION

PREAMBLE

WHEREAS sovereignty over Kenya is inherent in belongs to the People alone;

AND WHEREAS it is the will of the People, in the exercise of their inherent sovereignty, that the following fundamental principles of the country and its means of government shall be codified and prescribed in a Constitution, which shall be the supreme law of the land and shall be binding on all organs of state at all levels of government, that is to say; -

(a) all persons in Kenya shall be equal before the law and shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, without racial, gender and all other forms of discrimination;

(b) the diversity of language and culture shall be acknowledged and protected, and the legitimate interests of all people in Kenya (including their religious and cultural interests) shall be protected and recognised in suh manner as is consistent with the promotion of national unity;

(c) the territories now and hereafter included in Kenya shall be a Unitary State with the Regions enjoying such autonomy as is consistent with the interest of Kenya as a whole;

(d) the representation of the People shall be based on the principles of representative multi-party democracy, universal adult suffrage, a common voters' roll for all elections, and proportional representation;

(e) the People shall exercise their sovereign power by means of direct democracy (that is to say, by means of freely-conducted referendums and initiatives) where possible, and indirectly through democratic, representative institutions;

(f) there shall be a separation of powers between the legislature, executive and judiciary, with appropriate checks and balances, where the government is responsible to a freely-elected Parliament representative of the people and where the courts of law and the civil service are independent and impartial, to ensure accountability;

NOW, THEREFORE, WE, THE PEOPLE OF KENYA,

IN THE EXERCISE of our undoubted right to appoint for ourselves the means whereby we shall be governed,

IN A SPIRIT of friendship and peace with all other peoples of the World,

AND IN THE DESIRE that we may prosper and attain our rightful and honoured place amongst the nations of the World and make our full contribution towards international peace and the progress and happiness of humanity,

DO HEREBY ENACT, ADOPT and GIVE TO OURSELVES this Constitution.

CHAPTER I – CITIZENSHIP

1. Persons who become citizens on 12th December 1963

(1) Every person who, having been born in Kenya, is on 11th December 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December 1963:

Provided that a person shall not become a citizen of Kenya by virtue of this subsection if neither of his parents was born in Kenya.

(2) Every person who, having been born outside Kenya, is on 11th December 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1) of this section, become a citizen of Kenya on 12th December 1963.

2. Persons entitled to be registered as citizens by virtue of connexion with Kenya before 12th December 1963.

(1) Any person who, but for the proviso to subsection (1) of section 1 of this Constitution, would be a citizen of Kenya by virtue of that subsection shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian.

(2) Any woman who, on 11th December 1963, has been married to a person:

(a) who becomes a citizen of Kenya by virtue of section 1 of this Constitution; or

(b) who having died before 12th December 1963, would, but for his death, have become a citizen of Kenya by virtue of that section shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya.

(3) Any woman who, on 11th December 1963, has been married to a person who becomes, or would but for his death have become, entitled to be registered as a citizen of Kenya under subsection (1) or subsection (5) of this section but whose marriage has been terminated by death or dissolution before 12th December 1963 or is so terminated on or after that date but before that person exercises his right to be registered as a citizen of Kenya under either of those subsections, shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya.

(4) Any person who, on 11th December 1963, is a citizen of the United Kingdom and Colonies or of the Republic of Ireland and is on that day ordinarily and lawfully resident in Kenya (otherwise than under the authority of a pass issued under the Immigration Ordinance and conferring on him the right to remain in Kenya only temporarily) shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this sub section, but an application may be made on his behalf by his parent or guardian.

(5) Any person who, on 11th December 1963, is a citizen of the United Kingdom and Colonies:

(a) having become such a citizen under the British Nationality Act 1948, by virtue of his having been naturalized in Kenya as a British subject before that Act came into force; or

(b) having become such a citizen by virtue of his having been naturalized or registered in Kenya under that Act,

shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian.

(6) In this section "the specified date" means:

(a) in relation to a person to whom subsection (1) of this section refers, 12th December 1965;

(b) in relation to a woman to whom subsection (3) of this section refers, 12th December 1965 or the expiration of such period after the termination of her marriage as may be prescribed by or under an Act of Parliament (whichever is the later);

(c) in relation to a person to whom subsection (4) of this section refers, 12th December 1965; and

(d) in relation to a person to whom subsection (5) of this section refers,

or such later date as may in any particular case be prescribed by or under an Act of Parliament.

3. Persons born in Kenya after 11th December 1963.

Every person born in Kenya after 11th December 1963 shall become a citizen of Kenya at the date of his birth:

Provided that a person shall not become a citizen of Kenya by virtue of this section if at the time of his birth:

(a) neither of his parents is a citizen of Kenya and either of his parents possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Kenya; or

(b) either of his parents is a citizen of a country with which Kenya is at war and the birth occurs in a place then under occupation by that country.

4. Persons born outside Kenya after 11th December 1963.

A person born outside Kenya after 11th December 1963 shall become a citizen of Kenya at the date of his birth if at that date either of his parents is a citizen of Kenya.

5. Marriage to Kenya citizen.

Any person who has been married to a citizen of Kenya shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya.

6. Persons entitled to be registered as Kenya citizens by virtue of connexion with Kenya after 11th December 1963.

7. Persons eligible to be naturalized as Kenya citizens

8. Deprivation of citizenship.

9. Commonwealth citizens.

10. Reciprocal and transitional privileges for citizens of other countries

11. Powers of Parliament

12. Dual citizenship

13. Interpretation

CHAPTER II – THE BILL OF RIGHTS

PART 1 – GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS

14. Rights and fundamental freedoms

(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.

15. Application of Bill of Rights

(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.

(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 Section 30H of this Constitution, 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.

16. Implementation of rights and fundamental freedoms

(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.

17. Enforcement of Bill of Rights

(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.

(3) The Chief Justice shall make rules providing for the court proceedings referred to in this Article, which shall satisfy the criteria that—

(a) the rights of standing provided for in clause (2) are fully facilitated;

(b) formalities relating to the proceedings, including commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings on the basis of informal documentation;

(c) no fee may be charged for commencing the proceedings;

(d) the court, while observing the rules of natural justice, shall not be unreasonably restricted by procedural technicalities; and

(e) an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court.

(4) The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court.

18. Authority of courts to uphold and enforce the Bill of Rights

(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.

19. Limitation of rights and fundamental freedoms

20. Fundamental Rights and freedoms that may not be limited

PART 2 – RIGHTS AND FUNDAMENTAL FREEDOMS

21. Right to life

22. Equality and freedom from discrimination

23. Human dignity

24. Freedom and security of the person

25. Slavery, servitude and forced labour

26. Privacy

27. Freedom of conscience, religion, belief and opinion

28. Freedom of expression

29. Freedom of the media

30. Access to information

30A. Freedom of association

30B. Assembly, demonstration, picketing and petition

30C. Political rights

30D. Freedom of movement and residence

30E. Protection of right to property

30F. Labour relations

30G. Environment

30H. Economic and social rights

30I. Language and culture

30J. Family

30K. Consumer rights

30L. Fair administrative action

30M. Access to justice

30N. Rights of arrested persons

30O. Fair hearing

30P. Rights of persons detained, held in custody or imprisoned

PART 3 – SPECIFIC APPLICATION OF RIGHTS

30Q. Interpretation of Part

30R. Children

30S. Persons with disabilities

30T. Youth

30U. Minorities and marginalised groups

30V. Older members of society

PART 4 – STATE OF EMERGENCY

30W. State of emergency

PART 5 – KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION

30X. Kenya National Human Rights and Equality Commission

CHAPTER III — THE REPUBLIC OF KENYA

31. Sovereignty of the people

(1) All sovereign power shall belong to the people of Kenya and shall be exercised only in accordance with this Constitution.

(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.

(3) Sovereign power under this Constitution shall be delegated to the following State organs, which shall perform their functions in accordance with this Constitution:

(a) Parliament and the Regional Assemblies;

(b) the President and Cabinet of Kenya and the Governors and Executive Councils of the regions; and

(c) the Judiciary and independent tribunals.

(4) The sovereign power of the people shall be exercised at—

(a) the national level (also referred to in this constitution as "the Centre"); and

(b) the regional level (also referred to in this constitution as "the Regions").

32. Supremacy of this Constitution

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

(2) No person may claim or exercise State authority except as authorized under this Constitution.

(3) The validity or legality of this Constitution shall not be called in question on any ground by or before any court or other State organ.

(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.

(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.

33. Defence of this Constitution

(1) Every person in Kenya shall have an obligation to respect, uphold and defend this Constitution.

(2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

(3) All citizens of Kenya shall have the right to resist any person or persons seeking to abolish the constitutional order as established by this Constitution should no other remedy be possible.

33A. Declaration of the Republic

(1) Kenya is a sovereign Republic.

(2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in section 33G of this Constitution.

(3) Neither Parliament nor any Regional Assembly shall have the power:

(a) to enact a law establishing a one-party state; or

(b) to establish or authorise the establishment of a body or movement having the right or power to formulate or propagate a common programme or a set of objectives of a religious or political nature for the country.

33B. Territory of Kenya

Kenya shall consist of the territory and territorial waters comprised in the former Colony of Kenya and the former Protectorate on 11th December 1963, and any additional territory and territorial waters as may be defined by or under an Act of Parliament.

33C. Devolution and access to services

(1) The governments at the national and regional levels shall be distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.

(2) A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

33D. National, official and other languages

(1) The national language of the Republic shall be the English language.

(2) The official languages of the Republic shall be the Kiswahili and English language.

(3) The State shall—

(a) promote and protect the diversity of language of the people of Kenya; and

(b) promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

33E. State and religion

There shall be no State religion.

33F. National symbols and national days

(1) The national symbols of Kenya shall be—

(a) the national flag;

(b) the national anthem;

(c) the coat of arms; and

(d) the public seal.

(2) The national symbols shall be as may be prescribed by or under an Act of Parliament.

(3) The national days of Kenya shall be—

(a) Self-government Day, to be observed on 1st June; and

(b) Republic Day, to be observed on 12th December.

(4) A national day shall be a public holiday.

(5) Parliament may prescribe other public holidays and provide for the observance of public holidays.

33G. National values and principles of governance

(1) The national values and principles of governance in this Section shall 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 shall include—

(a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

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

(c) good governance, integrity, transparency and accountability; and

(d) sustainable development.

33H. Culture

(1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation.

(2) The State shall—

(a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;

(b) recognise the role of science and indigenous technologies in the development of the nation; and

(c) promote the intellectual property rights of the people of Kenya.

(3) Parliament shall ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage.

CHAPTER IIIA — LEADERSHIP AND INTEGRITY

33I. Responsibilities of leadership

(1) Authority assigned to a State officer:

(a) is a public trust to be exercised in a manner that:

(i) is consistent with the purposes and objects of this Constitution;

(ii) demonstrates respect for the people;

(iii) brings honour to the nation and dignity to the office; and

(iv) promotes public confidence in the integrity of the office; and

(b) vests in the State officer the responsibility to serve the people, rather than the power to rule them.

(2) The guiding principles of leadership and integrity include:

(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;

(b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;

(c) selfless service based solely on the public interest, demonstrated by:

(i) honesty in the execution of public duties; and

(ii) the declaration of any personal interest that may conflict with public duties;

(d) accountability to the public for decisions and actions; and

(e) discipline and commitment in service to the people.

33J. Conduct of State officers

(1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids:

(a) any conflict between personal interests and public or official duties;

(b) compromising any public or official interest in favour of a personal interest; or

(c) demeaning the office the officer holds.

(2) A person who contravenes subsection (1), or Sections 33J and 33K:

(a) shall be subject to the applicable disciplinary procedure for the relevant office; and

(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.

(3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in subsection (2) of this section is disqualified from holding any other State office.

33K. Financial probity of State officers

(1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.

(2) A State officer shall not

(a) maintain a bank account outside Kenya except in accordance with an Act of Parliament; or

(b) seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.

33L. Ethics and anti-corruption commission

Parliament shall establish an independent ethics and anti-corruption commission, for the purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.

33M. Legislation on leadership

Parliament shall:

(a) establish procedures and mechanisms for the effective administration of this Chapter;

(b) prescribe the penalties, in addition to the penalties referred to in section 33J of this Constitution, that may be imposed for a contravention of this Chapter;

(c) providing for the application of this Chapter, with the necessary modifications, to public officers; and

(d) making any other provision necessary for ensuring the promotion of the principles of leadership and integrity referred to in this Chapter, and the enforcement of this Chapter.

CHAPTER IV — PARLIAMENT

Part 1 — Composition of Parliament

34. Establishment of Parliament

(1) There shall be a Parliament which shall consist of the President and a National Assembly.

(2) The National Assembly shall comprise two Houses, that is to say, a Senate and a House of Representatives.

35. Composition of Senate

The Senate shall consist of Elected Senators elected in accordance with the provisions of section 36 of this Constitution, nominated Senators appointed in accordance with section 36A of this Constitution, and the ex officio Senators.

36. Election of Elected Senators

(1) Each Region shall elect twelve Senators, and the Nairobi Area shall elect six Senators, chosen at-large in such manner as, subject to the provisions of this Constitution, may be prescribed by or under any law.

(2) [Repealed].

(3) [Repealed].

(4) Every person who is registered in any Region or in the Nairobi Area as a voter shall, unless he is disqualified by Parliament from voting in elections to the Senate on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in elections to the Senate in that Region or, as the case may be, in the Nairobi Area in accordance with the provisions of any law in that behalf; and no other person may so vote.

(5) [Repealed].

36A. Nominated Senators

(1) There shall be eighteen Nominated Senators who shall be appointed by the President from amongst persons who, if duly nominated, would be qualified to be elected as Senators.

(2) The Nominated Senators shall be persons who in the opinion of the President have rendered distinguished public service or have brought honour to Kenya or have achieved distinction in the fields of agriculture, commerce, industry, arts and letters, culture, the sciences, business, the professions, social or community service or the labour movement or are representative of minority or other special interests in the Republic.

(3) In appointing Nominated Senators, the President shall have regard to the need for Nominated Senators to reflect as wide a range of independent and non-partisan views as possible.

37. Composition of House of Representatives

(1) The House of Representatives shall consist of Elected Members and Specially Elected Members elected in accordance with the provisions of section 39 of this Constitution.

(2) The Elected Members of the House of Representatives shall comprise Constituency Members elected in accordance with the provisions of section 38 of this Constitution and Party-List Members elected in accordance with the provisions of section 38A of this Constitution.

38. Election of Constituency Members of House of Representatives.

(1) Kenya shall, in accordance with the provisions of section 49 of this Constitution, be divided into constituencies and each constituency shall elect one Constituency Member of the House of Representatives in such manner as, subject to the provisions of this Constitution, may be prescribed by or under any law.

(2) [Repealed].

(3) Every person who is registered in any constituency as a voter shall, unless he is disqualified by Parliament from voting in elections to the House of Representatives on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in that constituency in accordance with the provisions of any law in that behalf; and no other person may so vote.

(4) [Repealed].

38A. Election of Party-List Members of House of Representatives.

(1) The number of Party-List Members of the House of Representatives shall be equal to the number of seats of Constituency Members of that House.

(2) The Party-List Members of the House of Representatives shall be elected in accordance with the provisions of Schedule 6bis of this Constitution.

(3) Every person who is registered as a voter shall, unless he is disqualified by Parliament from voting in elections to the House of Representatives on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in accordance with the provisions of any law in that behalf; and no other person may so vote.

39. Election of Specially Elected Members of House of Representatives

(1) The number of Specially Elected Members of the House of Representatives shall be the number which results from dividing the number of seats of Elected Members of that House by ten or, if that result is not a whole number, the whole number next greater than that result.

(2) The Specially Elected Members of the House of Representatives shall be elected by the Elected Members of that House in accordance with the provisions of Schedule 6 of this Constitution.

40. Qualifications for election to National Assembly

(1) Subject to the provisions of subsection (2) of this section and section 41 of this Constitution, a person shall be qualified to be elected as a member of either House of the National Assembly if, and shall not be so qualified unless, at the date of his nomination for election, he:

(a) is a citizen of Kenya who has attained the age of twenty-one years; and

(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language well enough to take an active part in the proceedings of the National Assembly.

(2) A person shall not be qualified to be elected in any Region or in the Nairobi Area as an Elected Senator or as a Party-List Member of the House of Representatives unless, at the date of his nomination for election, he is registered in that Region or, as the case may be, in the Nairobi Area as a voter; and a person shall not be qualified to be elected in any constituency as a Constituency Member of the House of Representatives unless, at the said date, he is registered in some constituency forming part of the same Region as the constituency for which he intends to be elected as a voter.

41. Disqualifications for election to National Assembly.

(1) No person shall be qualified to be elected as a member of either House of the National Assembly who, at the date of his nomination for election:

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign power or state; or

(b) is under sentence of death imposed on him by any court in Kenya; or

(c) is, under any law in force in Kenya, adjudged or otherwise declared to be of unsound mind; or

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kenya; or

(e) subject to such exceptions and limitations as may be prescribed by Parliament, has any such interest in any such government contract as may be so prescribed; or

(f) is a public officer; or

(g) holds or is acting in any office on the staff of a local government authority.

(2) Parliament may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connexion with, the conduct of any election to the Senate or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a Senator and may provide that a person who holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connexion with, the conduct of any election to the House of Representatives or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a member of the House of Representatives.

(3) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of the President or of a Governor or of members of either House of the National Assembly or of a Regional Assembly or of a local government authority or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as a member of either House of the National Assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

(4) Parliament may provide that any office shall be deemed not to be a public office for the purposes of subsection (1)(f) of this section or that any office shall, for the purposes of subsection (1)(g) of this section, be deemed not to be such an office as is referred to in the said subsection (1)(g).

(5) A person shall not at the same time be a member of both Houses of the National Assembly, nor be elected to the House of Representatives for more than one constituency or to the Senate for more than one Region or both for a Region and for the Nairobi Area, nor be both an Elected and a Nominated Senator, nor be both an Elected and a Specially Elected Member or both a Constituency and a Party-List Member of the House of Representatives, and if:

(a) a member of the House of Representatives is elected to the Senate, he shall cease to be a member of the House of Representatives upon taking his seat in the Senate, and if a Senator is elected to the House of Representatives, he shall cease to be a Senator upon taking his seat in the House of Representatives;

(b) an Elected Senator is appointed as a Nominated Senator, he shall cease to be an Elected Senator upon his appointment as a Nominated Senator, and if a Nominated Senator is elected as an Elected Senator, he shall cease to be a Nominated Senator upon taking his seat as an Elected Senator;

(c) a Specially Elected Member of the House of Representatives is elected as an Elected Member of that House, he shall cease to be a Specially Elected Member upon taking his seat as an Elected Member; and

(d) a person is elected:

(i) to the House of Representatives for more than one constituency;

(ii) to the Senate for more than one Region or both for a Region and for the Nairobi Area; or

(iii) both as a Constituency and a Party-List Member of the House of Representatives,

he shall choose which of the seats to which he was elected he shall retain, and every seat not retained by him shall become vacant.

(6) No person shall be qualified to be elected as a Specially Elected Member of the House of Representatives who, at the date of his nomination for election as such a Member, is an Elected Member of that House or is named on any party's list of candidates for Party-List Members of House of Representatives but was not elected or who has at any time since the House of Representatives was last dissolved, stood as a candidate for election as a Constituency Member of that House but was not elected.

(6A) A person who holds the offices of President, Vice-President, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly shall not at the same time be a member of either house of the National Assembly, and if the holder of any such office as aforesaid is elected as a member of either house of the Assembly, he shall cease to hold the other office upon taking his seat in the Assembly.

(6B) If a person is both elected as a member of either house of the National Assembly and elected or appointed as Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly, he shall choose which of the offices to which he was elected or appointed he shall retain, and every office not retained by him shall become vacant.

(7) In subsection (1)(e) of this section "government contract" means any contract made with the Government of Kenya or with a department of that Government or with an officer of that Government contracting as such.

41A. Times for holding elections to National Assembly

(1) A general election of Elected Senators and of Elected Members of the House of Representatives shall be held on the second Tuesday in August, in the year in which the terms of office of the incumbents retiring in the election expire:

Provided that whenever the Senate is dissolved by virtue of Section 65(3) or the House of Representatives is dissolved by virtue of Section 65(2), a general election of Elected Senators, or, as the case may be, of Elected Members of the House of Representatives, shall be held on the last Tuesday within sixty days from the date of the dissolution.

(2) An election held to fill a vacancy among the Elected Senators or among the Constituency Members of the House of Representatives shall be held on the last Tuesday within sixty days from the date of the vacancy:

Provided that if a vacancy in the House of Representatives is established on a date within six months of the date the House of Representatives shall, in accordance with section 42(5), stand dissolved, such vacancy shall not be filled unless the Speaker of the House of Representatives notifies the Electoral Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the House of Representatives is being affected by such vacancy, in which event an election to fill such vacancy shall be filled on the last Tuesday within sixty days from the date of the receipt of that notification.

42. Tenure of seats of members of National Assembly.

(1) A member of either House of the National Assembly shall vacate his seat therein:

(a) if he ceases to be a citizen of Kenya; or

(b) if any circumstances arise that, if he were not a member of that House, would cause him to be disqualified to be elected as such under section 41(1) of this Constitution or under any law made in pursuance of section 41(2) or section 41(3) of this Constitution.

(2) Parliament may, in order to permit any member of either House of the National Assembly who has been sentenced to death, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted or reported guilty of any offence prescribed under section 41(3) of this Constitution to appeal against the decision in accordance with any law, provided that, subject to such conditions as may be prescribed by Parliament, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.

(3) The term of an Elected Senator, unless the Senate is dissolved, shall expire on the 17th working day before the second Tuesday in August, in the sixth calendar year following that in which he was elected:

Provided that:

(a) the Elected Senators who are elected in the general election of the Elected Senators resulting from a dissolution of the Senate shall be divided into two classes, each encompassing six of the twelve Senators elected for each Region, and three of the six Senators elected for the Nairobi Area; and the terms of such an Elected Senator in the first class shall expire on the 17th working day before the second Tuesday in August, in the third calendar year following that in which he was elected;

(b) the Elected Senators who are elected in the general election of the Elected Senators resulting from a dissolution of the Senate who received the highest number of votes in which they represent shall, for the purposes of paragraph (a) of this proviso, be senators in the second class, and where, by reason of an equality of votes between them, the number of Senators who would otherwise be deemed senators in the second class under this paragraph exceeds six of the twelve Senators elected for the Region or three of the six Senators elected for the Nairobi Area, the Senators receiving the number of votes in which the equality occurs who are Senators in the second class shall be determined by lot;

(c) a Senator who was elected to replace a Senator who has died or ceased to be a Senator before the expiration of his term of office shall vacate his seat at the expiration of the remainder of that term; and

(d) a Senator who was elected to fill a vacancy that was left unfilled at a general election shall vacate his seat on the date on which he would have vacated it if he had been elected at that general election.

(4) A Nominated Senator shall hold his membership in the Senate during the pleasure of the President and his term of office shall not be affected by the dissolution of the Senate.

(5) The House of Representatives, unless sooner dissolved, shall stand dissolved on the 17th working day before the second Tuesday in August, in the fourth calendar year following that in which the immediately preceding House of Representatives was dissolved.

(6) When special circumstances exist rendering the scheduled holding of elections for either House of the National Assembly impossible, Parliament may extend the period of six years specified in subsection (3) of this section, or the period of four years specified in subsection (5) of this section:

Provided that:

(a) whenever the period of six years specified in subsection (3) of this section is extended, the period of three years specified in the proviso to that subsection shall be extended by the same amount of time; and

(b) the period being extended shall not be extended beyond such time as may be necessary and reasonable to overcome the special circumstances.

42A. Recall of certain members of National Assembly.

(1) Subject to the provisions of subsection (3) of this section, if the Electoral Commission receives a petition calling for the recall of an Elected Senator or of a Constituency Member of the House of Representatives signed by not less than five per cent of the persons who are registered in the constituency or Region (including the Nairobi Area) concerned, it shall, as soon as practicable after the receipt of that petition, conduct a referendum to determine whether such a recall should occur.

(2) If in a referendum under this section there are cast a greater number of valid votes in favor of the recall of the member of the National Assembly named in the petition than there are cast against such a recall, that member shall vacate his seat in the National Assembly forthwith.

(3) No action shall be taken on a petition delivered to the Electoral Commission under this section until the expiration of six months following:

(a) the last occasion on which the member of the National Assembly named in the petition was elected to either House of the Assembly; or

(b) the date of any referendum held under this section in which there were cast a greater number of valid votes against the recall of the member of the National Assembly named in the petition than there were cast in favor of such a recall.

43. President of Senate

(1) There shall be a President of the Senate who shall be elected by the Senate from among the persons who are Elected Senators or are qualified to be elected as such.

(2) A person shall not be elected as President of the Senate unless he is supported by the votes of a majority of all the Senators, and if no candidate is supported by the votes of a majority of all the Senators, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the Senators, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(3)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as President of the Senate.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, Deputy President of the Senate, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, Member of a Regional Assembly, Judge or any office in the public service.

(4) The President of the Senate shall vacate his office:

(a) [Repealed]; or

(b) when the Senate first meets after a retirement of Senators; or

(c) if any circumstances arise that, if he were not President of the Senate, would disqualify him to be elected as such; or

(d) if he is removed from office by resolution of the Senate supported by the votes of a majority of all the Senators.

(5) No business shall be transacted in the Senate (other than the election of a President of the Senate) at any time when the office of President of the Senate is vacant, but this subsection shall not affect the transaction of business by any committee of the Senate.

44. Deputy Presidents and Vice-President of Senate

(1) There shall be two Deputy Presidents of the Senate who shall be elected by the Senate from among persons who are Senators or are qualified to be elected as such in accordance with the provisions of Schedule 5 of this Constitution.

(2) The Vice-President of the Senate shall be elected in accordance with the provisions of Schedule 5 of this Constitution shall have precedence over the other Deputy President of the Senate.

(3)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as a Deputy President of the Senate.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, President of the Senate, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, Member of a Regional Assembly, Judge or any office in the public service.

(4) A Deputy President of the Senate shall vacate his office:

(a) when the Senate first meets after a retirement of Senators; or

(b) if any circumstances arise that, if he were not a Deputy President of the Senate, would disqualify him to be elected as such; or

(c) if he is removed from office by resolution of the Senate supported by the votes of three quarters of all the Senators.

45. Speaker of House of Representatives.

(1) There shall be a Speaker of the House of Representatives who shall be elected by that House from among persons who are Elected Members thereof or who are qualified to be elected as such.

(2) A person shall not be elected as Speaker of the House of Representatives unless he is supported by the votes of a majority of all the Members of the House of Representatives, and if no candidate is supported by the votes of a majority of all the members of the House, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the House, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(3)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as Speaker of the House of Representatives.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Deputy Speaker of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, Member of a Regional Assembly, Judge or any office in the public service.

(4) The Speaker of the House of Representatives shall vacate his office:

(a) [Repealed]; or

(b) if any circumstances arise that, if he were not Speaker of the House of Representatives, would disqualify him to be elected as such; or

(c) when the House of Representatives first meets after a dissolution thereof; or

(d) if he is removed from office by resolution of the House of Representatives supported by the votes of three quarters of all the members thereof.

(5) No business shall be transacted in the House of Representatives (other than the election of a Speaker of the House of Representatives or the holding of a general election of the Specially Elected Members) at any time when the office of Speaker of the House of Representatives is vacant, but this subsection shall not affect the transaction of business by any committee of the House of Representatives.

46. Deputy Speakers and Vice-Speaker of House of Representatives.

(1) There shall be such number of Deputy Speakers of the House of Representatives, not exceeding ten or being less than eight, as that House may determine.

(1A) The Deputy Speakers of the House of Representatives shall be elected by that House from among persons who are Elected Members thereof or are qualified to be elected as such in accordance with the provisions of Schedule 6ter of this Constitution and the Vice-Speaker shall then be selected by the House from among the persons so elected as Deputy Speakers.

(2) A person shall not be elected as Vice-Speaker of the House of Representatives unless he is supported by the votes a majority of all the Members of the House of Representatives, and if no candidate is supported by the votes of a majority of all the members of the House, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the House, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(3)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as a Deputy Speaker of the House of Representatives.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, Member of a Regional Assembly, Judge or any office in the public service.

(4) A Deputy Speaker of the House of Representatives shall vacate his office:

(a) when the House of Representatives first meets after a dissolution thereof; or

(b) [Repealed]; or

(c) if any circumstances arise that, if he were not a Deputy Speaker of the House of Representatives, would disqualify him to be elected as such; or

(d) if he is removed from office by resolution of the House of Representatives supported by the votes of a majority of all the members thereof.

(5) The Vice-Speaker of the House of Representatives shall have precedence over the other Deputy Speakers of the House of Representatives, and, Subject to the precedence of the Vice-Speaker of the House of Representatives, the Deputy Speakers of the House of Representatives shall take precedence among themselves in accordance with the dates on which they assumed office; and if two or more Deputy Speakers of the House of Representatives assumed office on the same day the older shall take precedence over the younger.

47. Clerks to Houses of National Assembly and their staff.

(1) There shall be a Clerk to the Senate, a Clerk to the House of Representatives, and such other officers and staff as may be appointed for the purposes of the National Assembly or of either House thereof in accordance with section 47A.

(2) The offices of the Clerks to the two Houses and the officers and other staff provided for under subsection (1) shall be offices in the public service.

47A. Parliamentary Service Commission.

(1) There shall be a Parliamentary Service Commission which shall consist of:

(a) the President of the Senate, as Chairman;

(b) the Speaker of the House of Representatives, as Vice-Chairman;

(c) the Prime Minister;

(d) the Deputy Prime Minister who is the Leader of Government business in the Senate;

(e) the Leader of Opposition business in the House of Representatives;

(f) the Leader of Opposition business in the Senate;

(g) seven members (other than Ministers and Assistant Ministers) appointed by the Senate from amongst the Senators, of whom:

(i) four shall be nominated by the parliamentary party or parties forming the Government; and

(ii) three shall be nominated by the parliamentary party or parties forming the opposition; and

(g) seven members (other than Ministers, Assistant Ministers and the Attorney-General) appointed by the House of Representatives from amongst its members, of whom:

(i) four shall be nominated by the parliamentary party or parties forming the Government; and

(ii) three shall be nominated by the parliamentary party or parties forming the opposition.

(2) A member of the Commission shall vacate office:

(a) if he ceases to be a member of either House of the National Assembly otherwise than by reason of a retirement of Senators or of the dissolution of the House of Representatives;

(b) if circumstances arise that, if he were not a a member of either House of the National Assembly, would disqualify him for election as such;

(c) if he is the President of the Senate, the Speaker of the House of Representatives, the Prime Minister, the leader of Government business in the Senate, or the leader of Opposition business in either House of the National Assembly, upon ceasing to hold office as such;

(d) if he is a member appointed by the Senate, upon a retirement of Senators or upon revocation of his appointment by the Senate or upon his resignation; or

(e) if he is a member appointed by the House of Representatives, upon dissolution of the House of Representatives which appointed him to the Commission or upon revocation of his appointment by the House or upon his resignation:

Provided that upon a retirement of Senators, or, as the case may be, upon a dissolution of the House of Representatives, members of the Commission appointed by either House of the National Assembly shall continue in office until new members are appointed in their place.

(3) If the office of Chairman of the Commission is vacant or the chairman is for any reason unable to exercise the functions of his office, then, until a person has been elected President of the Senate and has assumed the functions of Chairman, or until the person holding that office has resumed those functions, as the case may be, the vice-chairman or, if the office of the vice-chairman is vacant, or the Vice-Chairman is for any reason unable to perform the functions of the office of Chairman, such one of the other appointed members as the Commission may elect shall act as chairman; and the Vice-Chairman or the other member shall, subject to subsection (2), continue to act until a person has been elected to the office of President of the Senate and assumed the functions of Chairman or, as the case may be, until the person in whose place he is acting has assumed or resumed those functions.

(4) If the office of an appointed member of the Commission is vacant or if such member is acting as chairman under subsection (3), or is for any reason unable to exercise the functions of his office, that House of the National Assembly which appointed him may appoint a person who is qualified to be appointed to be a member to act in place of that member; and a person so appointed shall, subject to subsection (2), continue to act until a person has been appointed to the office in which he is acting or has assumed the functions of that office, as the case may be, until the person in whose place he is acting has resumed those functions.

(5) The Parliamentary Service Commission shall have power:

(a) to constitute and abolish the offices provided for under subsection (13)(c);

(b) to appoint persons to hold or act in the offices to which this section applies (including the power to confirm appointments) and to exercise disciplinary control over persons holding or acting in those offices (including the power to remove those persons from office);

(c) to provide such services and facilities as are necessary to ensure efficient and effective functioning of the Assembly and of both Houses thereof;

(d) to direct and supervise the administration of the services and facilities provided by, and exercise budgetary control over, the offices provided for under section 47(1);

(e) in such manner as may be prescribed by or under an Act of Parliament:

(i) to cause to be prepared and laid before the House of Representatives in each financial year estimates of expenditure (which shall be a charge on the Consolidated Fund) of the offices provided for under section 47(1) for the next following financial year;

(ii) to cause to be audited and a report thereon laid before the House of Representatives at least once every year, the accounts of the Commission:

provided that until such time as the manner of the audit and report is prescribed as aforesaid section 128 shall continue to apply mutatis mutandis;

(f) without prejudice to the generality of paragraphs (c) and (d), to provide security staff to maintain proper security for members of the Assembly and for the services and facilities within the precincts of the Assembly;

(g) to determine the terms and conditions of service of persons holding or acting in the offices to which this section applies;

(h) from time to time as necessity arises, to appoint an independent body to review and make recommendations on the salaries and allowances of the members of the National Assembly;

(i) to initiate, co-ordinate and harmonize policies and strategies relating to the development of the offices to which this section applies;

(j) to undertake, singly or jointly with other relevant authorities and organisations, such programmes as will promote the ideals of parliamentary democracy in Kenya;

(k) to do such other things including review of parliamentary powers and privileges as may be necessary for the well-being of the members and staff of the National Assembly and to exercise such other functions as may be prescribed by or under an Act of Parliament.

(6) In the exercise of its powers or the performance of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.

(7) Subject to this section, the Commission may by regulations or otherwise regulate its own procedure and, with the consent of the President or the Public Service Commission, as may be appropriate, may confer powers or impose duties on any public officer or authority for the purpose of the discharge of its functions.

(8) Subject to any regulations made under subsection (7), the Commission may act notwithstanding a vacancy in its membership or absence of a member, and its proceedings shall not be invalidated by the presence or participation of a person not entitled to be present at or to participate in those proceedings.

(9) The Commission shall endeavour to reach every decision by consensus:

Provided that where on any matter consensus cannot be obtained, the decision of the Commission shall require the concurrence of a majority of all the members thereof.

(10) The Commission may, by directions in writing, delegate any of its powers under this section to any one or more of its members or to the holder of any office to which this section applies.

(11) Notwithstanding anything to the contrary appearing in this section, the Commission may:

(a) engage persons under individual contracts of service upon such terms and conditions as the Commission may determine;

(b) commission any person, who in its opinion possesses expert knowledge or is otherwise able to assist in connection with the exercise of its functions, to make such inquiries or to conduct such research or to make such reports as may be necessary for the efficient and effective carrying out of its functions;

(c) appoint competent persons, whether members of the Commission or not, to be a committee or committees to assist the Commission on such matters within the scope of its functions as are referred to them by the Commission.

(12) Subject to this section, provision may be made by or under an Act of Parliament for prescribing the manner of the exercise of the functions of the Commission under this section and for any matters incidental or supplementary to the exercise of those functions.

(13) The offices to which this section applies are:

(a) the office of Clerk to the Senate;

(b) the office of Clerk to the House of Representatives; and

(c) the offices of such other officers and staff as is provided for under section 47(1).

48. Electoral Commission

(1) There shall be an Electoral Commission which shall consist of:

(a) the President of the Senate, as Chairman;

(b) the Speaker of the House of Representatives, as Vice-Chairman;

(c) a member appointed by the President;

(d) a member representing each Region who shall be appointed by the Governor of that Region.

(2) A person shall not be qualified to be appointed as a member of the Commission if he is the President, the Vice-President, a Minister, an Assistant Minister, a member of either House of the National Assembly, a Governor, a Lieutenant-Governor, an Executive Secretary, a member of a Regional Assembly, or a public officer.

(3) Subject to the provisions of this section, the office of an appointed member of the Commission shall become vacant:

(a) at the expiration of five years from the date of his appointment; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such.

(4) An appointed member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and may not be so removed except in accordance with the provisions of this section.

(5) An appointed member of the Commission shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the President considers or the Chairman or Vice-Chairman of the Commission represents to the President that the question of removing an appointed member of the Commission under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court haying unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to him whether the appointed member ought to be removed under this section.

(7) If the question of removing an appointed member of the Commission has been referred to a tribunal under this section, the Chairman of the Commission may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Chairman of the Commission, and shall in any case cease to have effect if the tribunal recommends to the President that that member should not be removed.

(7a) The Electoral Commission shall be responsible for:

(a) the registration of voters and the maintenance and revision of the register of voters;

(b) directing and supervising the Presidential, National Assembly, Gubernatorial, Regional Assembly, and local government elections, and such referendums and plebiscites as may be held;

(c) promoting free and fair elections;

(d) promoting voter education throughout Kenya; and

(e) such other functions as may be prescribed by law.

(8) In the exercise of its functions under this Constitution the Commission shall not be subject to the direction or control of any other person or authority.

(9) The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the President in the case of a public officer serving on the establishment of the Government of Kenya or in the case of any authority of that Government and with the consent of the Governor in the case of a public officer serving on the establishment of a Region or in the case of any authority of a Region, may confer powers or impose duties on such an officer or authority for the purpose of the discharge of its functions.

(10) The Commission may, subject to its rules of procedure, act not withstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be-present at or to participate in those proceedings: Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

48A. Qualifications and disqualifications for registration as a voter.

(1) Subject to subsection (2) of this section, a person shall be qualified to be registered as a voter in Presidential, National Assembly, Gubernatorial, Regional Assembly, and local government elections if, and shall not be qualified unless, at the date of his application to be registered, he:

(a) is a citizen of Kenya who has attained the age of eighteen years; and

(b) has been ordinarily resident in Kenya either:

(i) for a period of not less than one year immediately preceding that date, or

(ii) for a period of, or periods amounting in the aggregate at not less than four years in the eight years immediately preceding that date; and

(c) has, for a period ot or periods amounting in the aggregate to, not less than five months in the twelve months immediately preceding that date, been ordinarily resident in the constituency in which he applies to be registered, or has for such a period or periods carried on business there, or has for such a period or periods been employed there or has for such a period or periods lawfully possessed any land or residential buildings there.

(2) No person shall be qualified to be registered as a voter in elections to which this section applies:

(a) if, under any law in force in Kenya, he is adjudged or otherwise declared to be of unsound mind; or

(b) if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under a law in force in Kenya; or

(c) if he is detained in lawful custody; or

(d) if he is disqualified therefrom by Act of Parliament on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition.

(3) Any question whether a person is qualified to be registered as a voter in elections to which this section applies shall be determined in such manner as may be prescribed by Parliament.

(4) Where any person is qualified to be registered in more than one place as a voter in elections to which this section applies, he shall be so registered only in the first of those places in which he applies to be so registered, and Parliament may provide for the punishment of any persall who, being already registered in one place as a voter in such elections or having applied to be so registered there and not having had that application finally rejected, applies to be registered in another place as such a voter.

(5) Parliament may. in order to permit any person who has been adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted of such an offence as is referred to in subsection (2)(d) of this section to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by Parliament, the decision shall not have effect for the purposes of subsection (2) of this section until such time as may be so prescribed.

49. Constituencies.

(1) For the purpose of elections of Constituency Members of the House of Representatives, Kenya shall, in accordance with the provisions of this section, be divided into such number of constituencies (not being more than 130 or less than 110) having such boundaries as may be prescribed by order made by the Electoral Commission.

(2) Subject to the provisions of section 241 of this Constitution no constituency shall form part of more than one Region or of both the Nairobi Area and a Region.

(3) All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Commission to be reasonably practicable, but the Commission may depart from this principle to such extent as it considers expedient in order to take account of:

(a) the density of population, and in particular the need to ensure adequate representation of urban and sparsely populated rural areas;

(b) the means of communication;

(c) geographical features;

(d) community of interest; and

(e) the boundaries of existing administrative areas.

(4) The Commission shall, at intervals of not less than eight nor more than ten years, review the number and the boundaries of the constituencies into which Kenya is divided and may, by order, alter the number or the boundaries in accordance with the provisions of this section to such extent as it considers desirable in the light of the review:

Provided that whenever a census of the population has been held in pursuance of any law the Commission may carry out such a review and make such an alternation to the extent which it considers desirable in consequence of that census.

(5) Every order made by the Commission under this section shall be published in the Kenya Gazette and shall come into effect upon the next dissolution of the House of Representatives after it was made.

(6) For the purposes of this section the number of inhabitants of any part of Kenya shall be ascertained by reference to the latest census of the population held in pursuance of any law

50. Determination of questions as to membership of National Assembly.

(1) The Supreme Court shall have jurisdiction to hear and determine any question whether:

(a) any person has been validly elected as a member of either House of the National Assembly; or

(b) the seat in either House of the National Assembly of a member thereof has become vacant.

(2) An application to the Supreme Court for the determination of any question under subsection (1)(a) of this section may be made by any person who was entitled to vote in the election to which the application relates or by the Attorney-General.

(3) An application to the Supreme Court for the determination of any question under subsection (1)(b) of this section may be made:

(a) in the case of a question relating to the seat of a Senator, by any Senator or by any person who is registered as a voter; or

(b) in the case of a question relating to the seat of a member of the House of Representatives, by any Elected Member of that House or by any person who is registered as a voter; or

(c) in either case, by the Attorney-General.

(4) Parliament may make provision with respect to:

(a) the circumstances and manner in which and the conditions upon which any application may be made to the Supreme Court for the determination of any question under this section; and

(b) the powers, practice and procedure of the Supreme Court in relation to any such application.

(5) The determination by the Supreme Court of any question under this section shall not be subject to appeal.

Part 2 — Procedure in National Assembly

51. Oaths to be taken by members of National Assembly.

(1) Every member of either House of the National Assembly shall, before taking his seat in that House, take and subscribe the oath of allegiance and the oath of office prescribed in subsection (3) of this section before the House, but a member may before taking and subscribing that oath take part in the election of the President and Deputy Presidents or Speaker and Deputy Speakers of the House.

(2) Any person elected as President or Deputy President of the Senate who is not a Senator and any person elected as Speaker or Deputy Speaker of the House of Representatives who is not a member of that House shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and the oath of office prescribed in subsection (3) of this section before the Senate or the House of Representatives, as the case may be.

(3) The oath of office for members of National Assembly shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will faithfully discharge my duties as a Senator (or as a member the House of Representatives or as President or Deputy President of the Senate or as Speaker or Deputy Speaker of the House of Representatives) of Kenya. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

52. Presiding in Senate.

There shall preside at any sitting of the Senate:

(a) the President of the Senate; or

(b) in the absence of the President of the Senate, the Vice President of the Senate; or

(b1) in the absence of the President and the Vice President of the Senate, the other Deputy President of the Senate; or

(c) in the absence of the President and the Deputy Presidents of the Senate, such Senator as the Senate may elect for that purpose.

53. Presiding in House of Representatives.

There shall preside at any sitting of the House of Representatives:

(a) the Speaker of the House of Representatives; or

(b) in the absence of the Speaker of the House of Representatives, the Vice Speaker of the House of Representatives; or

(b1) in the absence of the Speaker and the Vice Speaker of the House of Representatives:

(i) if there is only one Deputy Speaker present in such sitting, that Deputy Speaker; or

(ii) if there is more than one Deputy Speaker present in such sitting, such one of them as is ranked highest in the order in which they take precedence among themselves; or

(c) in the absence of the Speaker and the Deputy Speakers of the House of Representatives, such member of the House as the House may elect for that purpose.

53A. Presiding in joint sitting of National Assembly.

There shall preside at any joint sitting of the National Assembly:

(a) the President of the Senate; or

(b) in the absence of the President of the Senate, the Speaker of the House of Representatives; or

(c) in the absence of the President of the Senate and the Speaker of the House of Representatives, the Vice President of the Senate; or

(d) in the absence of the President and the Vice President of the Senate and the Speaker of the House of Representatives, the Vice Speaker of the House of Representatives; or

(e) in the absence of the President and the Vice President of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the other Deputy President of the Senate; or

(f) in the absence of the President and the Deputy Presidents of the Senate and the Speaker and the Vice Speaker of the House of Representatives:

(i) if there is only one Deputy Speaker present in such sitting, that Deputy Speaker; or

(ii) if there is more than one Deputy Speaker present in such sitting, such one of them as is ranked highest in the order in which they take precedence among themselves; or

(g) in the absence of the President and the Deputy Presidents of the Senate and the Speaker and the Deputy Speakers of the House of Representatives, such member of the National Assembly as the joint sitting may elect for that purpose.

54. Quorum in National Assembly.

(1) If objection is taken by any Senator who is present that there are present in the Senate (besides the person presiding) fewer than ten Senators and, after such interval as may be prescribed in the rules of procedure of the Senate, the person presiding ascertains that there are still fewer than ten Senators present, he shall thereupon adjourn the Senate.

(2) If objection is taken by any member of the House of Representatives who is present that there are present in that House (besides the person presiding) fewer than twenty members of that House and, after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that there are still fewer than twenty members of the House present, he shall thereupon adjourn the House.

(3) If objection is taken by any member of either House of the National Assembly who is present that there are present in a joint sitting of the National Assembly (besides the person presiding) fewer than thirty members of either House and, after such interval as may be prescribed in the rules of procedure of the Joint Sitting, the person presiding ascertains that there are still fewer than ten Senators present, he shall thereupon adjourn the joint sitting.

55. Official language.

The business of the National Assembly shall be conducted in English.

56. Voting in National Assembly.

(1) Save as otherwise provided in this Constitution, any question proposed for decision in either House of the National Assembly or in a joint sitting of the National Assembly shall be determined by a majority of the votes of the members present and voting.

(2) On any question proposed for decision in either House of the National Assembly, the person presiding in that House shall:

(a) if he is the President or Speaker of that House, have a casting vote but not an original vote; or

(b) if he is a person other than the President or Speaker of that House, have both an original vote and a casting vote.

(2A) On any question proposed for decision in a joint sitting of the National Assembly, the person presiding in that joint sitting shall:

(a) if he is the President of the Senate or the Speaker of the House of Representatives, have a casting vote but not an original vote; or

(b) if he is a person other than the President of the Senate or the Speaker of the House of Representatives, have both an original vote and a casting vote.

(3) The rules of procedure of either House of the National Assembly may make provision under which a member who votes upon a question in which he has a direct pecuniary interest shall be deemed not to have voted.

(4) The votes in either House of the National Assembly or in a joint sitting of the National Assembly shall be counted and recorded by the Clerk to the House or, as the case may be, jointly counted and recorded by the Clerk to the Senate and the Clerk to the House of Representatives.

57. Right of President, Vice-President, Ministers and Attorney-General to address, etc., either House.

(1) A Minister shall be entitled to attend all meetings of either House of the National Assembly and to take part in the proceedings thereof, but he shall not, unless he is also a member of a House of the National Assembly, be regarded as a member of, or be entitled to vote on any question before, that House.

(1A) The President or Vice-President shall be entitled to attend all meetings of either House of the National Assembly and to take part in the proceedings thereof but neither of them shall be regarded as a member of, or be entitled to vote on any question before, either House of the National Assembly.

(2) The Attorney General shall, notwithstanding any provision of this Constitution relating to qualifications and disqualifications for membership of the House of Representatives and the tenure of office of members of that House, be an ex officio member of that House but he shall not be entitled to vote on any question before that House.

(3) The Attorney General shall be entitled to attend all meetings of the Senate and to take part in all proceedings thereof but he shall not be regarded as a member of, or be entitled to vote on any question before, the Senate.

58. Unqualified persons sitting or voting.

Any person who sits or votes in either House of the National Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding 500 shillings, or such other sum as may be prescribed by Parliament, for each day on which he so sits and votes in that House, which penalty shall be recoverable by action in the Supreme Court at the suit of the Attorney General.

59. Mode of exercise of legislative power.

(1) Subject to the provisions of section 71B(5)(a) of this constitution, the power of Parliament to make laws shall be exercisable by Bills passed by both Houses of the National Assembly (or, in the cases mentioned in section 60C of this Constitution, by a joint sitting of the National Assembly or, in the cases mentioned in section 61 of this Constitution, by the House of Representatives) and assented to by the President (or, in the cases mentioned in the proviso to subsection (4) of this section, became law by inaction of the President or, in the cases mentioned in subsection (5A) of this section, refused assent by the President and subsequently reconsidered by the National Assembly):

Provided that any law made under section 71B(5)(a) of this constitution shall be deemed to have been made by Parliament.

(2) A Bill other than a money Bill may originate in either House of the National Assembly but a money Bill may originate only in the House of Representatives.

(3) When a Bill has been passed by that House of the National Assembly in which it originated it shall be sent to the other House; and it shall be presented to the President for his assent:

(a) when it has been passed by that other House and agreement has been reached between the two Houses on any amendments made in it; or

(b) when it is required to be so presented under section 60C or 61 of this Constitution.

(4) When a Bill is presented to the President for assent, he shall, within twenty-one days after the Bill has been presented to him for assent under subsection (3), signify to the President of the Senate (or, in case of a bill presented to him under section 61 of this Constitution, to the Speaker of the House of Representatives) that he assents or refuses to assent:

Provided that when twenty-one days after the Bill has been presented to the President for assent under subsection (3) have passed and the President has neither signified that he assents nor that he refuses to assent, it shall become law and the President of the Senate, or, as the case may be, the Speaker of the House of Representatives, shall thereupon cause it to be published in the Kenya Gazette as a law.

(5) When a Bill that has been duly passed:

(a) is assented to in accordance with the provisions of this Constitution, it shall become law and the President shall thereupon cause it to be published in the Kenya Gazette as a law; or

(b) is refused assent in accordance with the provisions of this Constitution, it shall be referred to the House of the National Assembly in which it originated (or, in the case of a bill passed by a joint sitting of the National Assembly under section 60C of this Constitution, to a joint sitting of the National Assembly) for reconsideration, and the President shall thereupon transmit a memorandum to the President or Speaker of that House (or, in the case of a bill passed by a joint sitting of the National Assembly under section 60C of this Constitution, to the President of the Senate) indicating the specific provisions of the Bill which in his opinion should be reconsidered.

(5A) Where a bill submitted to either House of the National Assembly, or, as the case may be, to a joint sitting of the National Assembly, for reconsideration has been again passed by that House, or by the joint sitting, by not less than two-thirds majority of all its members:

(a) if the bill has been presented to the President for assent under subsection (3)(a), it shall be sent to the other House, and the President or Speaker of that House shall thereupon transmit the President's memorandum to the President or Speaker of the other House, and, if it has been again passed by the other House by not less than two-thirds majority of all its members, it shall become law and the President of the Senate shall thereupon cause it to be published in the Kenya Gazette as a law; or

(b) if the bill has been presented to the President for assent under subsection (3)(b), it shall become law and the President of the Senate, or, as the case may be, the Speaker of the House of Representatives, shall thereupon cause it to be published in the Kenya Gazette as a law.

(6) No law made by Parliament shall come into operation until it has been published in the Kenya Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

(7) All laws made by Parliament shall be styled "Acts of Parliament".

59A. Words of Enactment.

(1) In every Bill assented to by the President, the words of enactment shall be as follows, that is to say:

"Be it enacted by the People of Kenya, by and with the advice and consent of the House of Representatives and the Senate of Kenya, in Parliament assembled, and the assent of the President of Kenya, and by the authority of section 66 (or 67 or 68 or 69 or 70, as the case may be) of the Constitution, as follows:"

NOTE — In the case of a Bill:

(a) presented to the President for assent under section 60C of this Constitution, there shall be substituted for the words "the House of Representatives and the Senate of Kenya" the words "the National Assembly of Kenya in joint sitting"; and

(b) presented to the President for assent under section 61 of this Constitution, the words "and the Senate" shall be omitted.

(2) In every Bill which became law by inaction of the President, the words of enactment shall be as follows, that is to say:

"Be it enacted by the People of Kenya, by and with the advice and consent of the House of Representatives and the Senate of Kenya, in Parliament assembled, and by the authority of section 66 (or 67 or 68 or 69 or 70, as the case may be) and the proviso to section 59(4) of the Constitution, as follows:"

NOTE — In the case of a Bill:

(a) presented to the President for assent under section 60C of this Constitution, there shall be substituted for the words "the House of Representatives and the Senate of Kenya" the words "the National Assembly of Kenya in joint sitting"; and

(b) presented to the President for assent under section 61 of this Constitution, the words "and the Senate" shall be omitted.

(3) In every Bill refused assent by the President and subsequently reconsidered by the National Assembly, the words of enactment shall be as follows, that is to say:

"Be it enacted by the People of Kenya, by and with the advice and consent of the House of Representatives and the Senate of Kenya, in Parliament assembled, as reconsidered in accordance with the recommendations of the President of Kenya, and by the authority of section 66 (or 67 or 68 or 69 or 70, as the case may be) of the Constitution, as follows:"

NOTE — In the case of a Bill:

(a) presented to the President for assent under section 60C of this Constitution, there shall be substituted for the words "the House of Representatives and the Senate of Kenya" the words "the National Assembly of Kenya in joint sitting"; and

(b) presented to the President for assent under section 61 of this Constitution, the words "and the Senate" shall be omitted.

(4) In every Bill made under section 71B(5)(a) of this Constitution, the words of enactment shall be as follows, that is to say:

"Be it enacted by the People of Kenya, by the authority of section 71B of the Constitution, as follows:"

(5) Any alteration of the words of enactment of a Bill made in consequence of the provisions of the preceding subsections shall not be deemed to be an amendment of the Bill.

60. Restrictions with regard to certain financial measures

(1) The Senate shall not:

(a) proceed upon any Bill, other than a Bill sent from the House of Representatives, that, in the opinion of the person presiding, makes provision for any of the following purposes:

(i) for the imposition, repeal or alteration of taxation;

(ii) for the imposition of any charge upon the Consolidated Fund or any other fund of the Government of Kenya;

(iii) for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Kenya of any moneys not charged thereon or any alteration in the amount of such a payment, issue or withdrawal; or

(iv) for the composition or remission of any debt-due to the Government of Kenya;

(b) proceed upon any amendment to any Bill that, in the opinion of the person presiding, makes provision for any of those purposes; or

(c) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

(2) Except on the recommendation of the President signified by a Minister, the House of Representatives shall not:

(a) proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:

(i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

(ii) for the imposition of any charge upon the Consolidated Fund or any other funds of the Government of Kenya or the alteration of any such charge otherwise than by reduction;

(iii) for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Kenya of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or

(iv) for the composition or remission of any debt due to the Government of Kenya; or

(b) proceed upon any motion (including any amendment to motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes:

Provided that the House of Representatives may proceed upon any such financial measures without a recommendation of the President, where such a proceeding has been approved by the Senate by a resolution in that behalf supported by votes of not less than three-fifths of the members present and voting, being a majority of all the members.

60A. Intrdouction of bills, etc.

Subject to the provisions of this Constitution and of the Standing Orders of each House of the National Assembly, any member may introduce a Bill into, propose a motion for debate in, or present a petititon to the House of which he is a member.

60B. Procedure for passing bills

(1) A Bill may be introduced:

(a) in either House of the National Assembly, by any member or committee of that House; and

(b) in the House of Representatives, by:

(i) the President;

(ii) the Vice-President; or

(iii) a Minister or Assistant Minister who is not a member of either House of the National Assembly.

(2) A Bill shall be deliberated and voted on in each House of the National Assembly in three readings, that is to say,

(a) a first reading, in which the deliberation shall be a general debate on the Bill and the voting shall be on its general principles,

(b) a second reading, in which the deliberation and voting shall be on the details of the Bill, and

(c) a third reading, in the voting shall be on whether to pass or reject the Bill.

(3)

(a) When a Bill, other than a money Bill, is passed by one of the Houses of the National Assembly and, having been sent to the other House at least one month before the end of the session, is passed by the other House with amendments, it shall be sent to its originating House, and the originating House may reject, agree to or amend any of those amendments.

(b) If, after a Bill has been returned to its originating House in terms of paragraph (a), any amendment made to it by the other House is rejected or amended by the originating House, the other House may, by message to the originating House pursuant to a resolution, withdraw the amendment or agree to its being amended.

60C. Special procedure in respect of disagreement between Houses

(1) When:

(a) a Bill, other than a money Bill, is passed by one of the Houses of the National Assembly and, having been sent to the other House at least one month before the end of the session, is not passed by the other House before the end of the session or is passed by the other House with amendments to which the House in which the Bill originated does not before the end of the session agree; and

(b) in the following session (whether or not a retirement of Senators, or a dissolution of the House of Representatives, have intervened) but not earlier than six months after it was first passed by the House of Representatives the same Bill, with no other alterations than those mentioned in subsection (2) of this section, is passed again by the House in which it originated in the earlier session and sent to the other House at least one month before the end of the session and is not passed by the other House before the end of the session or is passed by the other House with amendments to which the House in which the Bill originated does not before the end of the session agree,

the President of the Senate shall, fourteen days thereafter, arrange for and convene a meeting of the conference committee to examine the bill with a view to resolving the differences between the two Houses.

(2) The alterations referred to in subsections (1) and (4) of this section are alterations certified by the President or Speaker of the House in which the Bill originated to be necessary owing to the time that has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the other House.

(3) Where the conference committee fails to resolve such differences, then the President may, within fourteen days, dissolve the Senate.

(4) If:

(a) the President does not within fourteen days dissolve the Senate; or

(b) after a dissolution of the Senate the same Bill, with no other alterations than those mentioned in subsection (2) of this section, is passed again by the House in which it originated in the earlier sessions and sent to the other House at least one month before the end of the session and is not passed by the other House before the end of the session or is passed by the other House with amendments to which the House in which the Bill originated does not before the end of the session agree,

the bill shall be presented to the National Assembly sitting at a joint sitting, and if the bill is passed at such joint sitting, it shall be presented to the President for assent.

61. Special procedure in respect of Money Bills

When a money Bill is passed by the House of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is so sent, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the President for assent.

61A. Presidium of National Assembly

(1) There shall be a Presidium of the National Assembly, which shall consist of:

(a) the President of the Senate, as Chairman;

(b) the Speaker of the House of Representatives, as Vice-Chairman;

(c) the two Deputy Presidents of the Senate;

(d) the Vice-Speaker of the House of Representatives;

(e) the Deputy Speaker of the House of Representatives who is ranked in the order in which the Deputy Speakers take precedence among themselves immediately next after the Vice-Speaker; and

(f) the Chairmen of all committees of either House of the National Assembly and of all the joint committees of the Assembly.

(2) The Presidium of the National Assembly shall have authority to co-ordinate and supervise the execution of the functions and affairs of the National Assembly, including those of the Houses of the Assembly and the committees thereof.

61B. Agenda of meetings of National Assembly.

(1) The agenda of the meetings of either House of the National Assembly shall be drawn up and presented to the House by the President or Speaker of that House, and the agenda of the meetings of a joint sitting of the National Assembly shall be drawn up by the Presidium of the National Assembly and presented to the Assembly by the President of the Senate.

(2) After the presentation of the agenda of a meeting of a House to that House, any member of the House may move any addition or amendment to such agenda, and such motion shall be decided upon by the House.

(3) After the presentation of the agenda of a meeting of a joint sitting to the National Assembly, any member of either House may move any addition or amendment to such agenda, and such motion shall be decided upon by the Assembly.

61C. Speaking at meetings of National Assembly.

(1) No member of either House can speak at any meeting of that House or of a joint siting of the National Assembly, unless he registers his name in the proper Register or unless he obtains the permission of the person presiding at such meeting.

(2) Every such member who has complied with such formality is entitled to be given reasonably sufficient time, having regard to the particular subject, to speak and to be heard at the relevant meeting.

(3) The speeches shall be made in order of the registration or of oral request, as the case may be, of those who desire to speak:

Provided that where there are opposite views held, a person speaking shall, as far as practicable, follow another one who supports the opposite view, but members speaking on behalf of the Committees or of the political party groups of that House or, as the case may be, of either House, of the National Assembly shall not be subject to such order of precedence.

(4) Members desiring to speak in connection with motions with regard to any matter relating to the agenda, the application of the Standing Orders or the closure of the debate shall be given precedence in time over the members desiring to speak in connection with the subject of the debate, and in such a case two members, one in favour and one against the motion, shall be allowed fifteen minutes each for their respective speeches.

(5) All speeches in either House or in a joint sitting of the National Assembly shall be made from the rostrum of the House or from the seat of the member speaking and shall be addressed to one individual member of that House or to that House as a whole.

(6) Save as otherwise provided in the Standing Orders, interruptions of the speech of a member of either House or personal attacks against any such member unconnected with the subject under debate, both in the House and at the Committee meetings, are prohibited:

Provided that nothing in this subsection shall prevent such member to address another such member by name, either alone or in connection with a Ministerial title.

61D. Minutes of debates and proceedings of National Assembly.

(1) The minutes of the debates in either House or in a joint sitting of the National Assembly shall comprise all proceedings fully.

(2) The minutes of the proceedings of the Committees shall be kept in a summary form.

(3) Upon objection to the minutes of a meeting of either House or of a joint sitting of the National Assembly through the oral submission of a Representative at the first following meeting, or by a written objection sent to the person presiding at the relevant meeting, the House concerned or, as the case may be, the National Assembly, may decide to correct such minutes accordingly.

61E. Political party group.

(1) Any political party which is represented at least by four per centum of the total number of members in either House of the National Assembly can form and shall be entitled to be recognised as a political party group.

(2) Each political party group shall designate a parliamentary leader from among its members.

62. Regulation of procedure in National Assembly, etc.

(1) Subject to the provisions of this Constitution, each House of the National Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its proceedings.

(2) [Repealed].

(3) [Repealed].

(4) Each House of the National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

(5) Without prejudice to the power conferred by subsection (1) of this section, Parliament may, for the purpose of the orderly and effective discharge of the business of the two Houses of the National Assembly, make provision for the powers, privileges and immunities of those Houses and the committees and the members thereof (including any person who is President, Deputy President, Speaker or Deputy Speaker of either House, having been elected from among persons who were not members thereof).

62A. Committees of National Assembly

(1) Without prejudice to the generality of section 62(1) of this Constitution, each House of the National Assembly may establish committees in such manner and for such general or special purposes as it thinks fit and may regulate the procedure of any such committee.

(2) Without prejudice to the generality of section 62(1) of this Constitution, the two Houses of the National Assembly shall establish a conference committee consisting of an equal number of persons appointed by each House and may, in such manner and for such general or special purposes as they think fit, establish other joint committees consisting of members of both Houses and may jointly regulate the procedure of any such committee; and any reference in this Constitution to a member of a committee of a House of the National Assembly shall, unless the context otherwise requires, be construed as including a reference to a member of such a joint committee.

(3) Every committee of either House of the National Assembly shall consist of:

(a) a Chairman, who shall be chosen by the members of that committee from among themselves; and

(b) such number of ordinary members, not exceeding sixteen, as that House may determine, who shall be chosen by the members of that House from among themselves.

(4) The Chairman and members of each committee of either House of the National Assembly and of each joint committee of the National Assembly shall be chosen in such manner as the that House, or, as the case may be, the National Assembly, may prescribe in its Standing Orders:

Provided that the political party groups in either House of the National Assembly shall be represented as nearly as may be in proportion to their share of seats in that House:

(a) on each committee of that House; and

(b) on the membership of each joint committee of the National Assembly appointed by that House.

(5) No member of either House of the National Assembly shall be chosen to be a member of more than two committees (without prejudice as to whether any of those committees is a committee of that House or a joint committee of the National Assembly) at any one time.

63. Interpretation.

In this Part of this Chapter:

"money Bill" means a Bill that contains only provisions dealing with:

(a) the imposition, repeal, remission, alteration or regulation of taxation;

(b) the imposition of charges on the Consolidated Fund or any other fund of the Government of Kenya or the variation or repeal of any such charges;

(c) the grant of money to any person or authority or the variation or revocation of any such grant;

(d) the appropriation, receipt, custody, investment, issue or audit of accounts of public money;

(e) the raising or guarantee of any loan or the repayment thereof; or

(f) subordinate matters incidental to any of those matters:

Provided that the expressions "taxation," "public money" and "loan" do not include any taxation, money or loan raised by local government authorities or other local bodies or by any Region.

Part 3—Sessions, Prorogation and Dissolution

64. Sessions of Parliament, etc.

(1) Parliament shall be convened into session:

(a) without summons, for the two ordinary sessions refereed to in subsection (1) of this section;

(a) without summons, for an extraordinary session, to determine any matter which the National Assembly or either House thereof is empowered to determine by resolution under the provisions of this Constitution, whenever the necessary circumstances arise where Parliament would otherwise not be in session;

(b) upon being summoned by the President to an extraordinary session whenever he considers it necessary so to do, and each such extraordinary session shall be held for such number of days (not being more than 30) as the President, acting after consultation with the Presidium of the National Assembly, shall appoint.

(2) There shall be two ordinary sessions of Parliament in every year, that is to say, an autumn session, which shall commence on the fourth Tuesday in September, and an spring session, which shall commence on the fourth Tuesday in March, and each such ordinary session shall be held for such number of days (not being more than 100 or less than 80) as the Presidium of the National Assembly shall appoint.

(3) Subject to the preceding provisions of this section, the sittings of each House of the National Assembly shall be held at such time and place at that House may, by its rules of procedure or otherwise, determine:

Provided that the first sitting of each House of the National Assembly in each session shall begin at the same time as the first sitting of the other House.

65. Prorogation of Parliament and dissolution of Houses of National Assembly

(1) The President may at any time prorogue Parliament.

(2) The President, acting in accordance with the advice of the Prime Minister, may at any time dissolve the House of Representatives:

Provided that:

(a) if the House of Representatives passes a resolution that it has no confidence in the Prime Minister and the Prime Minister does not within three days either resign from his office or advise a dissolution, the President may dissolve the House of Representatives:

(b) if the Prime Minister at any time advises a dissolution and the President considers that the government of Kenya can be carried on without a dissolution and that a dissolution would not be in the interests of Kenya, he may refuse to dissolve the House of Representatives;

(c) if the House of Representatives resolves that it should be dissolved, and the resolution in that behalf is supported by votes of not less than sixty-five per cent of all the Members of that House, the President shall dissolve the House of Representatives; and

(d) where the Senate is dissolved by virtue of Section 60C(3), the House of Representatives shall simultaneously stand dissolved.

(3) The Senate may be dissolved only by virtue of Section 60C(3) or 71(8A), and cannot otherwise be dissolved.

(4) [Repealed].

Part 4—Legislative Power

66. Power of Parliament to make laws.

(1) Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Kenya or of any part thereof.

(2) Parliament shall not have power to make laws for any part of Kenya other than the Nairobi Area with respect to any matter specified in Part I of Schedule 1 of this Constitution.

(3) The provisions of subsection (2) of this section shall be without prejudice to the provisions of:

(a) section 67 of this Constitution (which relates to grants of public money);

(b) section 68 of this Constitution (which relates to the implementing of international obligations);

(c) section 69 of this Constitution (which relates to emergencies); and

(d) section 70 of this Constitution (which relates to legislation for the purpose of securing compliance with this Constitution).

(4) If any law made by a Regional Assembly is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the law made by the Regional Assembly shall, to the extent of the inconsistency, be void.

67. Power to make grants of money, etc., for any purpose.

Parliament may make provision for grants and loans from and the imposition of charges upon the Consolidated Fund or any other fund of the Government of Kenya or for the imposition of charges upon the revenues and assets of the Government of Kenya for any purpose, notwithstanding that it relates to a matter specified in Part I of Schedule 1 of this Constitution.

68. Implementing international obligations, etc.

(1) Subject to the provisions of subsection (2) of this section, Parliament may, for the purpose of implementing any treaty, convention or agreement between the Government of Kenya and some country other than Kenya or any arrangement with or decision of any international organization of which the Government of Kenya is a member, make laws for Kenya or any part thereof with respect to any matter specified in Part I of Schedule of this Constitution.

(2) A Bill for an Act of Parliament under this section shall not be introduced into the National Assembly unless a draft of that Bill has, not less than 21 days before such introduction, been transmitted by the Prime Minister to the Governor of every Region concerned and unless the Bill, when introduced, is in the terms of that draft or in such amended form as may have been agreed to by notice in writing under the hand of the Governor of every Region concerned.

69. Special powers of Parliament in relation to emergencies.

(1) Parliament may at any time make such laws for Kenya or any part thereof with respect to any matter specified in Part I of Schedule 1 of this Constitution as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government, during any period of emergency.

(2) Any law made in pursuance of this section shall have effect only during a period of emergency: Provided that the termination of a period of emergency shall not affect the operation of such a law during that period, the validity of any action taken thereunder during that period, any penalty or punishment incurred in respect of any contravention thereof (or of any instrument made thereunder) or failure to comply therewith (or with any such instrument) during that period or any proceeding or remedy in respect of any such penalty or punishment.

(3) In this section "period of emergency" means any period when there is declared a state of emergency under subsection (1) of section 30W of this Constitution.

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

(7) [Repealed]

(8) [Repealed]

(9) [Repealed]

(10) [Repealed]

(11) [Repealed]

70. Special powers of Parliament when section 105(2A) of this Constitution is being contravened.

(1) During any period during which there is in force a resolution of each House of the National Assembly supported by the votes of 65 per cent of all the members of that House declaring that the executive authority of a Region is being exercised in contravention of section 105(2A) of this Constitution, Parliament may make laws for that Region or any part thereof with respect to any matter specified in Part I of Schedule 1 of this Constitution to such extent as may appear to Parliament to be necessary for Securing compliance with the provisions of the said section 105(2A).

(2) A resolution of a House of the National Assembly passed for the purposes of this section shall remain in force for two months or such shorter period as may be specified therein:

Provided that any such resolution may be extended from time to time for a further period by a resolution supported by the votes of 65 per cent of all the members of the House concerned, each extension not exceeding two months from the date of the resolution effecting the extension; and any such resolution nay be revoked at any time by a resolution supported by the votes of a majority of all the members of that House.

(3) When any resolution passed for the purposes of this section ceases to be in force, any law made in pursuance of this section shall cease to have effect:

Provided that the termination of any such period shall not affect the operation of such a law during that period, the validity of any action taken thereunder during that period, any penalty or punishment incurred in respect of any contravention thereof (or of any instrument made thereunder) or failure to comply therewith (or with any such instrument) during that period or any proceeding or remedy in respect of any such penalty or punishment.

71. Alteration of this Constitution.

(1) Subject to the provisions of this section and of section 156 of this Constitution, Parliament may alter any of the provisions of this Constitution or (in so far as it forms part of the law of Kenya) any of the provisions of the Kenya Independence Act 1963.

(2) Subject to the provisions of subsection (3) of this section, a bill for an Act of Parliament under this section shall not be passed by either House of the National Assembly unless it has been supported on the second and third readings by the votes of two-thirds of all the members of that House.

(3) If a bill for an Act of Parliament under this section fails to obtain the support of two-thirds of all the members of either House of the National Assembly on the second reading or the third reading in that House, the bill shall be withdrawn but the same bill (with no other alterations than those mentioned in subsection (9) of this section) may, if subsequently introduced in either House of the National Assembly, be passed by each House by a majority of all the members of that House:

Provided that the same bill shall not be so passed unless, before it has been introduced in the National Assembly, the proposals for altering this Constitution that are contained therein have, in accordance with the provisions of any law in that behalf, been submitted to a referendum in which all persons who are registered as voters shall be entitled to vote and unless those proposals have been supported by a majority of all the votes validly cast, being the votes of not less than 40 per cent of all persons who are registered as voters, at that referendum.

(4) A bill shall not be passed by either House of the National Assembly by virtue of the proviso to subsection (3) of this section unless, before the second reading of the bill in that House, the President or Speaker of that House has certified that the proposals for altering this Constitution that are contained therein are the proposals that were submitted to and were approved by a referendum in accordance with that proviso.

(5) Notwithstanding anything contained in subsection (2) or subsection (3) of this section, a bill for an Act of Parliament under this section, so far as it makes an alteration to any specially entrenched provision of this Constitution or of the Kenya Independence Act 1963 which:

(a) is so entrenched by Ratification by the Regional Assemblies, but not to any other such provision which is otherwise so entrenched, shall not be passed by either House of the National Assembly, unless, before it has been introduced in the National Assembly, the President or Speaker of the House in which it is so introduced has certified that the proposals for altering this Constitution that are contained therein have been ratified by not less than five Regional Assemblies by resolutions in that behalf which are supported by votes of a majority of all the Members of the Regional Assembly concerned; or

(b) is so entrenched by Referendum, but not to any other such provision which is otherwise so entrenched, shall not be passed by either House of the National Assembly, unless, before it has been introduced in the National Assembly, the President or Speaker of the House in which it is so introduced has certified that the proposals for altering this Constitution that are contained therein have been submitted to a referendum in which all persons who are registered as voters shall be entitled to vote and have been supported by a majority of all persons who are registered as voters at that referendum.

(6) Notwithstanding anything contained in subsection (2) or subsection (4) of this section, a bill for an Act of Parliament under this section, so far as it makes an alteration to any specially entrenched provision of this Constitution or of the Kenya Independence Act 1963 and to which subsection (5) of this section does not apply, shall not be passed by either House of the National Assembly, unless, before it has been introduced in the National Assembly, the President or Speaker of the House in which it is so introduced has certified that the proposals for altering this Constitution that are contained therein have been ratified by not less than five Regional Assemblies by resolutions in that behalf which are supported by votes of a majority of all the Members of the Regional Assembly concerned, and have been submitted to a referendum in which all persons who are registered as voters shall be entitled to vote and have been supported by a majority of all persons who are registered as voters, and, in addition, have also been suported a majoirty of votes cast in at least five regions, at that referendum.

(7) The provisions specified in column 1 of Schedule 4 of this Constitution are, to the extent indicated in column 2 of that Schedule, the specially entrenched provisions of this Constitution and of the Kenya Independence Act 1963, and are so entrenched by the type of entrenchment specified in column 3 of that Schedule.

(7A) Where an Act of Parliament under this section makes any alteration:

(a) to the term of office of the President, it shall come into effect upon the commencement of the term of office of the President elected in the next regularly scheduled presidential election after it was made;

(a) to the term of office of the President, it shall come into effect upon the commencement of the term of office of the President elected in the next regularly scheduled presidential election after it was made;

(8) When a bill for an Act of Parliament under this section has been introduced in either House of the National Assembly, no alterations (other than those mentioned in subsection (9) of this section) shall be made therein before it is presented to the President for his assent.

(9) The alterations referred to in subsection (8) of this section are alterations certified by the President of the Senate and the Speaker of the House of Representatives to be necessary owing to the time that has elapsed since the bill was first introduced in the National Assembly.

(10) A certificate of the President or Speaker of either House under subsection (4) or subsection (9) of this section shall, as regards proceedings in that House, be conclusive for all purposes and shall not be questioned in any court.

(11) In this section:

(a) references to any of the provisions of this Constitution or of the Kenya Independence Act 1963 include references to any law that amends or replaces that provision;

(b) references to the alteration of any of the provisions of this Constitution or of the Kenya Independence Act 1963 include references to the amendment, modification or re-enactment, with or without amendment or modification, of that provision, the suspension or repel of that provision and the making of different provision in lieu of that provision; and

(c) references to a Region or to a Regional Assembly include references to the Nairobi Area and to the City Council of Nairobi respectively.

Part 5—Initiative and Referendum

71A. Abrogative Referendum for national laws

(1) Any number of persons registered as voters, being not less than fifty thousand, or the Regional Assemblies of not less than three regions, by a resolution in that behalf supported by votes of a majority of all the Members of each Assembly, may demand, in such manner as may be prescribed by or under an Act of Parliament, that the question whether an Act of Parliament to which this section applies, or any provision thereof, shall not continue in force, shall be put to a referendum.

(2) This Section shall not apply to:

(a) any fiscal legislation;

(b) any Act of Parliament made for the purpose of implementing any treaty, convention or agreement between the Government of Kenya and some country other than Kenya or any arrangement with or decision of any international organization of which the Government of Kenya is a member, whether or not it is made under section 68 of this Constitution; and

(c) any Act of Parliament made under section 71 of this Constitution.

71B. Popular Initiative of national laws

(1) Laws may be proposed to Parliament by a popular initiative supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than fifty thousand persons registered as voters, and presented to the Electoral Commission.

(2) Any popular initiative proposed under subsection (1) may be either in the form of a general suggestion or of a formulated draft Bill and shall be submitted by the Electoral Commission to the Popular Initiatives Committee of the House of Representatives.

(3) Where a popular initiative is in the form:

(a) of a general suggestion, it shall be formulated as a draft Bill by the Popular Initiatives Committee of the House of Representatives and be introduced in that House by the Committee without delay.

(b) of a draft Bill, it shall be introduced in the House of Representatives by the Popular Initiatives Committee without delay.

(4) When a Bill introduced by the Popular Initiatives Committee of the House of Representatives under subsection (3) of this section fails to be passed by both Houses of the National Assembly, it shall be submitted to a referendum in which all persons who are registered as voters shall be entitled to vote.

(5) Where a Bill submitted to a referendum under subsection (4) of this section:

(a) is supported by a simple majority of all the votes validly cast at that referendum, it shall become law and the President of the Senate shall thereupon cause it to be published in the Kenya Gazette as a law; or

(b) is not supported by a simple majority of all the votes validly cast at that referendum, no popular initiative which, in the Electoral Commission's opinion, is reasonably similar to that Bill, may be submitted by the Electoral Commission to the Popular Initiatives Committee of the House of Representatives for the following nine months.

(6) No popular initiative proposing:

(a) fiscal legislation; and

(b) laws with respect to any matter with respect to which Parliament has no power for the time being to make laws; and

(c) unless the provisions of subsection (7) of this section have been complied with, Acts of Parliament made under section 71 of this Constitution,

may be submitted by the Electoral Commission to the Popular Initiatives Committee of the House of Representatives.

(7) For the purposes of subsection (6)(c) of this section, the provisions of this subsection shall, in respect of a popular initiative for an Act of Parliament made under section 71 of this Constitution, be complied with, if:

(a) where such an initiative does not makes an alteration to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963, it is proposed by not less than one hundred thousand persons registered as voters;

(b) where such an initiative makes an alteration to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Ratification by the Regional Assemblies and to which paragraph (d) does not apply, it is proposed by not less than one hundred thousand persons registered as voters, of which not less than ten thousand are so registered in each region or in the Nairobi Area;

(c) where such an initiative makes an alteration to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum and to which paragraph (d) does not apply, it is proposed by not less than two hundred thousand persons registered as voters; or

(d) where such an initiative makes an alteration:

(i) to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum and Ratification by the Regional Assemblies,

(ii) both to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Ratification by the Regional Assemblies and to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum,

(ii) both to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum and to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum and Ratification by the Regional Assemblies,

(iv) both to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Ratification by the Regional Assemblies, to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum, and to any specially entrenched provision of this Constitution or of the Kenya independence Act 1963 which is entrenched by Referendum and Ratification by the Regional Assemblies, it is proposed by not less than two hundred thousand persons registered as voters, of which not less than twenty thousand are so registered in each region or in the Nairobi Area.

CHAPTER V — THE PRESIDENT AND THE CABINET

Part 1 — Executive Power

72. Executive authority of Government of Kenya

(1) The executive authority of the Government of Kenya shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him either directly or by officers subordinate to him.

(2) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

(3) The executive authority of the Government of Kenya shall, to the exclusion of the executive authority of any Region but subject to the provisions of this section and of section 74 of this Constitution, extend to the maintenance and execution of this Constitution and to all matters not specified in Schedule 1 of this Constitution.

(4) The executive authority of the Government of Kenya shall extend to the giving of such directions to a Governor or an Executive Council of a Region as may appear to the Government of Kenya to be necessary or expedient:

(a) in order to ensure that the executive authority of the Region is exercised in accordance with the provisions of section 105(2A) of this Constitution; or

(b) for the performance of any function in relation to any matter to which the executive authority of the Government of Kenya extends, being a function which falls to be performed within the Region:

Provided that any direction given under this subsection shall forthwith be communicated to the Regional Assembly of the Region.

(5) In any case where the Minister concerned is reasonably satisfied that prompt action must be taken in a Region in order to avert a serious threat to the public welfare caused by an outbreak or an imminent outbreak of disease or some other calamity, any directions that may be given to the Executive Council of a Region under subsection (4) of this section may be given directly to the appropriate officer or authorities of the Region (including, without prejudice to the generality of that expression, local government authorities) and those officers and authorities shall forthwith comply with those directions or cause them to be complied with:

Provided that any direction given under this subsection shall forthwith be communicated to the Regional Assembly and Executive Council of the Region.

(6) During any period of emergency (which expression shall in this subsection have the meaning assigned to it in section 69 of this Constitution) the executive authority of the Government of Kenya shall also extend in all respects to all matters specified in Schedule 1 of this Constitution and provision may be made by or under an Act of Parliament that all or any part of the executive authority vested in the Government of Kenya by this subsection shall be so vested to the exclusion of the executive authority of all or any of the Regions.

(7) At any time when Parliament has power to make laws for a Region in pursuance of section 70 of this Constitution, the executive authority of the Government of Kenya shall also extend in all respects as regards that Region to all matters specified in Schedule 1 of this Constitution and provision may be made by or under any such law that all or any part of the executive authority vested in the Government of Kenya by this subsection shall be so vested to the exclusion of the executive authority of the Region.

73. Special Commissioner

(1) If the President considers that any directions that have been given to the Governor or the Executive Council of any Region by the Government of Kenya under section 72(4) of this Constitution have not been or are not being complied with, he may, by notice published in the Kenya Gazette, so declare and he may then appoint a Special Commissioner in respect of that Region for the purposes of this section.

(2) A Special Commissioner may:

(a) take over and carry out (either directly or through others) any function or service in respect of which the directions of the Government of Kenya were given;

(b) himself give to any officer or authority of the Region (including, without prejudice to the generality of that expression, a local government authority) any directions that he considers necessary or expedient for the carrying out of that function or service; and

(c) make use of such officers or authorities of the Government of Kenya as he considers necessary or expedient for the carrying out of his duties.

(3) The powers vested in a Special Commissioner by subsection (2) of this section shall cease to be exercisable at the expiration of six months commencing with the day on which the declaration referred to in subsection (1) of this section was published in the Kenya Gazette:

Provided that the period of six months may be extended from time to time for a further period by a resolution of the Senate, each extension not exceeding six months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by another such resolution.

74. Delegation to a Region of executive authority of Government of Kenya.

(1) The President, with the consent of the Regional Assembly of any Region, may entrust to the Executive Council of that Region or to any officer or authority of the Region (including, without prejudice to the generality of that expression, a local government authority) functions in relation to any matter to which the executive authority of the Government of Kenya extends, being functions which fall to be performed within the Region:

Provided that the consent of the Regional Assembly shall not be required during any period of emergency (which expression shall in this section have the meaning assigned to it in section 69 of this Constitution) or during any period during which there is in force with respect to the Region such a resolution of each House of the National Assembly as is referred to in section 70 of this Constitution.

(2) An entrustment made by the President under subsection (1) of this section or a consent given by a Regional Assembly under that subsection to such an entrustment may:

(a) be general or specific;

(b) be made or given for an indefinite period or for a specified period;

(c) be subject to such-conditions or restrictions as may be specified in the instrument by which it is made or given (including any condition or restriction as to the officer or authority, or class of officer or authority, to whom the functions are to be entrusted); and

(d) notwithstanding that it was expressed to be made or given for an indefinite period or a specified period, be revoked at any time.

(3) Parliament may confer powers or impose duties in respect of the exercise of the executive authority of the Government of Kenya within any Region (or may authorize the conferment of such powers or the imposition of such duties) on the Regional Assembly of the Region or on any officer or authority of the Region (including, without prejudice to the generality of that expression, a local government authority):

Provided that, save during any period of emergency or during any period during which there is in force with respect to that Region such a resolution of each House of the National Assembly as is referred to in section 70 of this Constitution no conferment of powers or imposition of duties made by or under an Act of Parliament in pursuance of this subsection shall have effect in relation to the Region except with the consent of the Regional Assembly.

(4) A law, or an instrument made under a law, conferring powers or imposing duties and made in pursuance of subsection (3) of this section or a consent given by a Regional Assembly under that subsection to such a conferment or imposition may:

(a) be general or specific;

(b) be made or given for an indefinite period or for a specified period;

(c) be subject to such conditions or restrictions as may be specified in the law or instrument by which the powers are conferred or the duties imposed or by which the consent is given (including any condition or restriction as to the officer or authority, or class of officer or authority)

(d) notwithstanding that the conferment or imposition was expressed to be made or the consent was expressed to be given for an indefinite period or a specified period, be revoked at any time.

(5) Any entrustment made under subsection (1) of this section or any consent given under any of the provisions of this section shall be signified in writing under the hand of the President (or any officer or authority authorized by him in that behalf) or, as the case may be, of the Governor (or any officer or authority authorized by him in that behalf) and shall be published in the Kenya Gazette.

Part 2 — The President

74A. The office of President.

(1) There shall be a President of Kenya, who shall:

(a) be the Head of State and Government, Commander-in-Chief of the armed forces of the Republic and a symbol of national unity;

(b) respect, uphold and safeguard this Constitution;

(c) safeguard the sovereignty of the Republic;

(d) promote and enhance the unity of the nation;

(e) promote respect for the diversity of the people and communities of Kenya; and

(f) ensure the protection of human rights and fundamental freedoms and the rule of law.

(2) The President shall, as Head of State:

(a) have precedence over all other persons in Kenya;

(b) represent the Republic in all its official functions;

(c) receive the credentials of diplomatic envoys accredited to Kenya and sign the credentials of appointment of principal representatives of Kenya abroad;

(d) sign treaties, agreements or conventions to which Kenya is a party which have been made and ratified in accordance with the provisions of section 87B of this Constitution;

(e) exercise the Prerogative of Mercy in accordance with the provisions of section 88 of this Constitution;

(f) grant or otherwise confer decorations, honours and awards;

(g) declare war, where such a declaration has been approved by the Senate by a resolution in that behalf supported by votes of not less than three-fifths of all the Senators; and

(h) otherwise engage in such symbolic or ceremonial activities as he thinks fit.

(3) The President shall, as Head of Government:

(a) have the general direction and control of the government of Kenya;

(b) direct the general policy of the government of Kenya;

(c) have power to make any order or regulation for the carrying into effect of any Act of Parliament as provided by Parliament;

(d) summon, preside in, and take part in the discussions and voting at, the meetings of the Cabinet in accordance with the provisions of section 76A of this Constitution; and

(e) prepare the agenda of such meetings in accordance with the provisions of section 76B of this Constitution.

74B. Qualifications for election as President.

(1) Subject to the provisions of subsections (2) and (3) of this section and section 74C of this Constitution, a person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he—

(a) is a citizen of Kenya who has attained the age of thirty years; and

(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language well enough to take an active part in the proceedings of the Cabinet.

(2) A person shall not be qualified to be elected as President unless, at the date of his nomination for election, he is registered as a voter in presidential elections.

(3) A person shall be nominated for election as President by a political party or as an independent candidate in such manner as may be prescribed by or under an Act of Parliament:

Provided that:

(a) each political party taking part in the presidential election shall nominate one candidate for President, and

(b) the nomination of a candidate for President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than fifty thousand persons registered as voters in presidential elections.

74C. Disqualifications for election as President.

(1) No person shall be qualified to be elected as President who, at the date of his nomination for election:

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign power or state; or

(b) is under sentence of death imposed on him by any court in Kenya; or

(c) is, under any law in force in Kenya, adjudged or otherwise declared to be of unsound mind; or

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kenya; or

(e) subject to such exceptions and limitations as may be prescribed by Parliament, has any such interest in any such government contract as may be so prescribed; or

(f) is a public officer; or

(g) holds or is acting in any office on the staff of a local government authority.

(2) Parliament may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connexion with, the conduct of any presidential election or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as President.

(3) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with the election of the President or of a Governor or of members of either House of the National Assembly or of a Regional Assembly or of a local government authority or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as President for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

(4) Parliament may provide that any office shall be deemed not to be a public office for the purposes of subsection (1)(f) of this section or that any office shall, for the purposes of subsection (1)(g) of this section, be deemed not to be such an office as is referred to in the said subsection (1)(g).

(5) A person who holds the offices of Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly shall not at the same time hold the office of President, and if the holder of any such office as aforesaid is elected as President, he shall cease to hold the other office upon assuming office as President.

(6) If a person is both elected as President and elected or appointed as Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly, he shall retain only the office of President, and every office not retained by him shall become vacant.

(7) During his tenure of office, the President may not assume the offices of Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly.

(8) In subsection (1)(e) of this section "government contract" means any contract made with the Government of Kenya or with a department of that Government or with an officer of that Government contracting as such.

74D. Election of President.

(1) The President shall be elected in accordance with this Chapter and, subject thereto, with any Act of Parliament regulating the election of a President.

(2) Every person who is registered as a voter shall, unless he is disqualified by Parliament from voting in presidential elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in accordance with the provisions of any law in that behalf; and no other person may so vote.

(3) A regularly scheduled presidential election shall be held on the second Tuesday in August, in the year in which term of office of the incumbent President expires.

(4) An election held to fill a vacancy in the office of President shall be held on the last Tuesday within sixty days from the date of the vacancy occuring:

Provided that if a vacancy in the office of President is established on a date within six months of the date the term of office of the incumbent President shall, in accordance with section 74K, expire, the election shall be deemed to be held both for the unexpired part of that term of office and for the subsequent term of office, and the regularly scheduled presidential election for the subsequent term of office shall not be held.

(5) Where in a presidential election one of the two or more candidates nominated is the only candidate before the expiration of the time for the delivery of nominations, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, or no candidate has been validly nominated before the expiration of the time for the delivery of nominations, the Electoral Commission shall extend the time for nomination.

(6) For the purposes of sections 74E and 74F of this Constitution, "Region" includes the Nairobi Area.

74E. Election where there is single presidential candidate.

(1) Where only one candidate for President is validly nominated, a poll shall be taken for the election of a President, in which the votes shall be in favor of that candidate or against him.

(2) Where the only candidate for President recieves a greater number of valid votes cast in his favor in the presidential election than votes cast against him and, in addition, receives a minimum of twenty-five per cent of the valid votes cast in his favor in at least five regions, he shall be declared to be elected as President.

74F. Election where there are multiple presidential candidates.

(1) Where more than one candidate for President is validly nominated, a poll shall be taken for the election of a President.

(2) The candidate for President who receives a minimum of fifty per cent of the valid votes cast in the presidential election and who, in addition, receives a minimum of twenty-five per cent of the valid votes cast in at least five regions shall be declared to be elected as President.

(3) A fresh election of a President shall be commenced and held on the last Tuesday within fourteen days from the previous election in the manner prescribed by subsection (4) where no candidate is duly elected in accordance with subsection (2) of this section.

(4) Where a fresh election is held pursuant to subsection (3) of this section, the only candidates shall be:

(a) the candidate who received the highest number of votes cast at the previous election, and;

(b) the candidate, or candidates, who received the second-highest number of votes cast at the previous election:

Provided that, if more than one candidate for President received the highest number of votes cast at the previous election, the only candidates shall be the candidates who received the highest number of votes cast at that election.

(5) In a fresh election held pursuant to subsection (3) of this section, the candidate for President who receives the highest number of votes cast in the fresh election shall be declared to be elected as President.

(6) Where no candidate is duly elected in accordance with subsection (5) of this section, the candidate for President who receives the highest combined number of votes cast in the presidential election (whether they were cast in the first poll or in the fresh election) shall be declared to be elected as President:

Provided that, if more than one candidate for President received the highest combined number of votes cast in the presidential election, the candidate who shall be declared to be elected as President shall be determined by lot.

74G. The Vice-President of Kenya.

(1) There shall be a Vice-President of Kenya who shall be the principal assistant of the President in the discharge of his functions.

(2) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, other than himself, as a candidate for Vice-President:

Provided that:

(a) a person shall not be deemed not to be a qualified for nomination for the purposes of the foregoing provisions of this subsection only by reason of sections 74C(5) and 74C(6) of this Constitution;

(b) a person who holds the offices of President, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly shall not at the same time hold the office of Vice-President, and if the holder of any such office as aforesaid is elected or appointed as Vice-President, he shall cease to hold the other office upon assuming office as President; and

(c) If a person is both elected or appointed as Vice-President and elected or appointed as President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly, he shall retain only the office of Vice-President, and every office not retained by him shall become vacant.

(3) A candidate for Vice-President shall be deemed to have been duly elected as Vice-President if the candidate for President who nominated him as candidate for Vice-President is duly elected as President in accordance with the provisions aforesaid.

(4) The Vice-President shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office prescribed in subsection (5) of this section, and the said oaths shall be tendered by and subscribed before the Chief Justice.

(5) The oath of office for the Vice-President shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will faithfully and diligently discharge my duties and perform my functions in the high office of Vice-President of the Republic of Kenya, that I will devote myself to the service and welfare of the people of Kenya, and that I will do right to all manner of people, according to the laws and customs of the Republic, without fear or favour, affection or ill will. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

(6) During his tenure of office, the Vice-President shall not hold any office of profit other than those of Vice-President and Minister.

(7) If the office of Vice-President becomes vacant by reason of the death or resignation of the Vice-President, or by virtue of subsection (8) of this section, the President shall nominate and, with the approval of both Houses of the National Assembly, appoint a new Vice-President.

(8) The office of the Vice-President shall become vacant:

(a) if the Vice-President ceases to be a citizen of Kenya; or

(b) if any circumstances arise that, if he were not Vice-President, would cause the Vice-President to be disqualified to hold office as such under subsection (2) of this section or under any law made in pursuance of sections 74C(2) or 74C(3) of this Constitution (as applied by the subsection (2) of this section);

(c) if the President, acting with the approval of both Houses of the National Assembly, so directs;

(d) if the Vice-President assumes office as President by virtue of section 74H(1) of this Constitution; or

(e) if the Vice-President ceases to hold office by virtue of sections 74L, 74N, 74O or 74O1 of this Constitution.

74H. Vacancy in office of President.

(1) If the office of President becomes vacant by reason of the death of the President, or by reason of his ceasing to hold office by virtue of sections 74N or 74K(4) of this Constitution, the Vice-President shall assume the office of President for the unexpired term of office.

(2) If the office of President becomes vacant by reason of the resignation of the President, or by reason of his ceasing to hold office by virtue of sections 74L, 74O or 74O1 of this Constitution, or, if there is no Vice-President, by virtue of subsection (1) of this section, an election of a President shall be held within the period of ninety days immediately following the occurrence of that vacancy, and the person so elected in that Election shall serve, subject to the proviso to subsection (3) of section 74B of this Constitution, for the unexpired term of office.

(3) While the office of President is vacant by virtue of subsection (2) of this section, the functions of that office shall be exercised by the first of the following persons who is present and able to act:

(a) the Vice-President;

(b) the President of the Senate;

(c) the Speaker of the House of Representatives;

(d) such other officer or officers as may be designated by an Act of Parliament;

(e) such other person as the Cabinet may appoint for the purpose.

(4) Where the Vice-President or any other person is exercising the functions of the office of President by virtue of this section or of section 74M of this Constitution, he shall not act, except in accordance with a resolution of the Cabinet, in the exercise of the powers relating to—

(a) the appointment and removal from office of the Prime Minister, Deputy Prime Ministers, Ministers and Assistant Ministers under sections 74R, 74T, 75 and 81 of this Constitution, the assignment of responsibility to any Minister under section 77 of this Constitution, the authorization of any of the Deputy Prime Ministers under section 78 of this Constitution to exercise the functions of the Prime Minister during the latter’s absence or illness or the giving of consent under section 82 of this Constitution to the Vice-President, a Minister, or an Assistant Minister absenting himself from Kenya;

(b) the prorogation of Parliament; or

(c) the dissolution of the House of Representatives.

74I. Assumption of office of President.

A person elected as President in accordance with this Constitution shall assume office as President:

(a) if he was elected in a regularly scheduled presidential election, on the third Tuesday in September in the calendar year in which he was elected;

(b) if he was elected to fill a vacancy in the office of President, as soon as he is declared to be elected.

74J. Oath of President.

(1) A person assuming the office of President shall, before entering upon the office, take and subscribe the oath of allegiance and the oath of office prescribed in subsection (2) of this section, and the said oaths shall be tendered by and subscribed before the Chief Justice.

(2) The oath of office for the President shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will faithfully and diligently discharge my duties and perform my functions in the high office of President of the Republic of Kenya, that I will devote myself to the service and welfare of the people of Kenya, and that I will do right to all manner of people, according to the laws and customs of the Republic, without fear or favour, affection or ill will. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

74K. Term of office of President.

(1) The President shall hold office for a term of five years beginning from the date on which he is sworn in as President.

(2) A Vice-President who assumed office as President by virtue of section 74H(1) or person who was elected as President by virtue of section 74H(3) of that section shall be deemed, for the purposes of subsection (3) of this section:

(a) to have served a full term as President if, at the date on which he assumed office, at least two and a half years have remained before the date of the next regularly scheduled presidential election; or

(b) not to have served a term of office as President in any other case.

(3) A person holding office as President for two consecutive terms shall not be eligible for immediate re-election.

(4) The office of the President shall become vacant:

(a) if the President ceases to be a citizen of Kenya;

(b) if any circumstances arise that, if he were not President, would cause the President to be disqualified to hold office as such under section 74C(1) of this Constitution or under any law made in pursuance of sections 74C(2) or 74C(3) of this Constitution; or

(c) if the President assumes any such office, or engages in any such activity or employment, as is referred to in subsection (6) of this section.

(5) The President shall, unless his office becomes vacant by reason of his death, his resignation or his ceasing to hold office by virtue of sections 74L, 74N or 74O of this Constitution, or by virtue of subsection (4) of this section, continue in office until the person elected as President at a subsequent presidential election assumes office.

(6) The holding of the office of President shall be incompatible with the holding of any office of profit or of an office in any professional or labour organization and with any professional activity or any other public employment.

74L. Determination of questions as to validity of presidential elections, etc.

(1) Subject to this section, section 50 shall apply to the hearing and determination of a question whether a person has been validly elected as President, as it applies to the hearing and determination of a question whether a person has been validly elected as a member of either House of the National Assembly.

(2) Where a person applies to the Supreme Court for the determination of more than one of the following questions, namely, whether the President was qualified to be nominated for election as President, or was validly elected as President, he shall make one application only to the Supreme Court.

(3) Where the Supreme Court determines under section 50 that the President has not been validly elected as President, he shall cease to hold office as President.

74M. Exercise of President’s functions during absence, illness, etc.

(1) Where the President intends to be absent from Kenya, or where he considers it desirable by reason of illness or any other cause to do so, he may in writing authorize the Vice-President, or, if there is no Vice-President, the first of the persons named in section 74H(3) who is present and able to act to exercise, subject to section 74H(4) and subject to such restrictions or exceptions as he may specify, the functions of his office, and that person may exercise those functions until his authority is revoked by the President.

(2) If, when exercising the functions of the office of President under this section, the Vice-President becomes for any reason unable to exercise the functions of his office, then, until his authority is revoked by the President or until the Vice-President has resumed the functions of his office, as the case may be, they shall be exercised by the the first of the persons named in section 74H(3) who is present and able to act.

74M1. Suspension of President or Vice-President from exercise of his functions.

(1) Where the President or Vice-President has been sentenced to death, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted or reported guilty of any offence prescribed under section 74C(3) of this Constitution, he shall be suspended from the exercise of the functions of his office and any such suspension shall cease to have effect:

(a) if the decision gains effect; or

(b) if the decision is succecfully appealed against before gaining effect.

(2) Parliament may, in order to permit any member of either House of the National Assembly who has been sentenced to death, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted or reported guilty of any offence prescribed under section 74C(3) of this Constitution to appeal against the decision in accordance with any law, provided that, subject to such conditions as may be prescribed by Parliament, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.

74N. Removal of President or Vice-President on grounds of incapacity.

(1) Any question whether the President or Vice-President, or any other person exercising or about to exercise the functions of the office of President or Vice-President, is unable by reason of physical or mental infirmity to exercise the functions of that office, shall be determined in accordance with this section.

(2) Where the question is whether a person has become unable by reason of physical or mental infirmity to exercise the functions of the office of President or Vice-President, and the Chief Justice is requested by resolution of the Cabinet conveyed to him by the President of the Senate to cause that question to be determined, then—

(a) the Chief Justice shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who are qualified as medical practitioners under the law of Kenya, and who shall include any person nominated for appointment in accordance with subsection (5); and

(b) the tribunal shall inquire into the matter and make a report to the Chief Justice, stating the opinion of the tribunal whether or not the person in respect of whom the question arises is, by reason of physical or mental infirmity, unable to discharge the functions of the office of President or Vice-President; and

(c) the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the President of the Senate;

Provided that the Chief Justice shall cause the question to be determined without a resolution of the Cabinet if he receives a certificate under the hands of the President of the Senate to the effect that there are no Ministers present in Kenya, other than a person with respect to whom the question arises, and that the President of the Senate considers that it is in the interests of Kenya that the question should be determined without delay.

(3) Where the question is whether any person in respect of whom the Chief Justice has given a certificate in accordance with subsection (2) that he is unable to exercise the functions of the office of President or Vice-President, has ceased to be unable by reason of physical or mental infirmity to exercise those functions, and the Chief Justice is requested, by resolution of the Cabinet conveyed to him by the President of the Senate, or by request under the hand of the person in respect of whom such certificate was given conveyed to him by the President of the Senate, to cause that question to be determined, then the Chief Justice shall appoint a tribunal in accordance with subsection (2) (a), and that tribunal shall inquire into the matter and report in accordance with paragraph (b) of that subsection, and the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the President of the Senate.

(4) Where the President of the Senate has received a certificate of the Chief Justice pursuant to this section that the President or Vice-President is unable to discharge the functions of his office, and within the succeeding period of three months the President of the Senate has not received any certificate of the Chief Justice pursuant to this section that the President or Vice-President has ceased to be unable to discharge the functions of his office, the President or Vice-President shall cease to hold office upon the expiration of the said period.

(5) Where the President of the Senate conveys a resolution of the Cabinet to the Chief Justice under subsection (2) or (3), he shall forthwith notify the person in respect of whom the question arises, and that person may, by writing delivered to the President of the Senate within two days of his being so notified, nominate for appointment as members of the tribunal to be appointed by the Chief Justice under this section not more than two persons qualified to be so appointed.

(6) A certificate of the Chief Justice under this section shall be conclusive for the purposes of this Constitution, and shall not be questioned in any court.

(7) At any time when the office of President of the Senate is vacant or the holder of that office is unable for any reason to exercise the functions vested in them by this section, those functions may be exercised by:

(a) the Speaker of the House of Representatives; or

(b) in the absence of the Speaker of the House of Representatives, the Vice President of the Senate; or

(c) in the absence of the Vice President of the Senate and the Speaker of the House of Representatives, the Vice Speaker of the House of Representatives; or

(d) in the absence of the Vice President of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the other Deputy President of the Senate; or

(e) in the absence of the Deputy Presidents of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the Deputy Speaker of the House of Representatives who is ranked highest in the order in which the the Deputy Speakers of that House take precedence among themselves.

74O. Removal of President or Vice-President by Impeachment.

(1) The President or Vice-President, or any other person exercising or about to exercise the functions of the office of President, may be removed from office by Impeachment in accordance with this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly—

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall decide whether or not the allegation shall be investigated by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of that House without any debate.

(4) Within seven days of the passing of a motion under the foregoing provisions, the President of the Senate shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(5) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the tribunal by legal practitioners of his own choice.

(6) A tribunal appointed under this section shall -

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

(7) Where the tribunal reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(8) Where the report of the tribunal is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the tribunal is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(9) No proceedings or determination of the tribunal or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

(10) In this section "gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

(11) At any time when the office of President of the Senate is vacant or the holder of that office is unable for any reason to exercise the functions vested in him by this section, those functions may be exercised by:

(a) the Speaker of the House of Representatives; or

(b) in the absence of the Speaker of the House of Representatives, the Vice President of the Senate; or

(c) in the absence of the Vice President of the Senate and the Speaker of the House of Representatives, the Vice Speaker of the House of Representatives; or

(d) in the absence of the Vice President of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the other Deputy President of the Senate; or

(e) in the absence of the Deputy Presidents of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the Deputy Speaker of the House of Representatives who is ranked highest in the order in which the the Deputy Speakers of that House take precedence among themselves.

74O1. Recall of President and Vice-President.

(1) Subject to the provisions of subsection (3) of this section, if the Electoral Commission receives a petition calling for the recall of the President signed by not less than one hunderd thousand persons who are registered as voters, it shall, as soon as practicable after the receipt of that petition, conduct a referendum to determine whether such a recall should occur.

(2) If in a referendum under this section there are cast a greater number of valid votes in favor of the recall of the President than there are cast against such a recall, the President and Vice-President shall vacate their offices forthwith.

(3) No action shall be taken on a petition delivered to the Electoral Commission under this section until the expiration of six months following:

(a) the commencement of the President's most recent term of office; or

(b) the date of any referendum held under this section in which there were cast a greater number of valid votes against the recall of the President than there were cast in favor of such a recall.

74P. Salary and allowances of President.

(1) The President shall receive such salary, allowance and benefits as may be determined by a resolution of the National Assembly.

(2) Where the President ceases to hold office, he shall be entitled to receive a pension, gratuity and other allowances together with such other benefits and facilities, including adequate security, office, staff and travel allowances, as may be prescribed by or under an Act of Parliament.

(3) The salary and allowances payable to the President and any pension or gratuity payable to him on retirement shall be a charge upon the Consolidated Fund.

(4) The salary, allowances and privileges of the President shall not be varied to his disadvantage while he holds office.

(5) The pension and allowances payable to the President who has ceased to hold office and the facilities and other benefits available to him shall not be varied to his disadvantage during his lifetime.

74Q. Protection of President in respect of legal proceedings during office.

(1) No criminal proceedings whatsoever shall be instituted or continued against the President while he holds office, or against any person while he is exercising the functions of the office of President.

(2) No civil proceedings in which relief is claimed in respect of anything done or omitted to be done shall be instituted or continued against the President while he holds office or against any person while he is exercising the functions of the office of President.

(3) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, a period of time during which a person holds or exercises the functions of the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) or (2) may be brought against that person.

Part 3 — The Ministers and the Cabinet

74R. Prime Minister of Government of Kenya.

(1) There shall be a Prime Minister of the Government of Kenya who shall be the Leader of Government business in the House of Representatives and shall be appointed by the President in accordance with the provisions of this section.

(2) The President shall appoint as Prime Minister an Elected Member of the House of Representatives who is the parliamentary leader of the political party group that has the largest number of Elected Members in the House of Representatives, or, if the political party group that has the largest number of Elected Members in the House of Representatives does not command the majority in the House of Representatives, the parliamentary leader of such coalition of members that is willing to support a government as may be formed after consultation with the parliamentary leaders of the political party groups in the House of Representatives:

Provided that:

(a) where the President considers that there is no prospect of his being able within a reasonable time to nominate to that office a person under this subsection, he shall appoint an Elected Member of the House of Representatives who appears to him likely to command the support of a majority of the members of that House as Prime Minister;

(b) where a person is elected as Prime Minister by the House of Representatives under subsection (4) of this section, the President shall appoint him as Prime Minister; and

(c) where a resolution of no confidence in the Prime Minister is passed by the House of Representatives, the President shall appoint as Prime Minister the person named in the resolution to be appointed in the place of the Prime Minister.

(3) The Prime Minister shall not assume office until his appointment is confirmed by a resolution of the House of Representatives supported by a majority of its Members, voting by secret ballot:

Provided that:

(a) where the House of Representatives first meets after any dissolution thereof and the office of the Prime Minister has not, following the general election of the Elected Members of the House of Representatives resulting from that dissolution, become vacant under subsection (7)(b) of this section, the Prime Minister shall not continue in office until his appointment is re-confirmed by a resolution of the House of Representatives supported by a majority of its Members, voting by secret ballot;

(b) where a person is appointed as Prime Minister under paragraphs (b) or (c) of the proviso to subsection (2) of this section, his appointment shall not be required to be confirmed by the House of Representatives, and he shall assume office as soon as the office of the Prime Minister becomes vacant.

(4) Where the appointment of a person as Prime Minister is not confirmed by the House of Representatives and, within one month, the President appoints the same or some other person as Prime Minister and that appointment is again not confirmed by that House, the Prime Minister shall then be elected by that House, voting by secret ballot, from among persons who are Elected Members thereof.

(5) A person shall not be elected as Prime Minister under subsection (4) of this section unless he is supported by the votes of a majority of all the Members of the House of Representatives, and if no candidate is supported by the votes of a majority of all the members of the House, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the House, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(6) The Prime Minister:

(a) shall have authority to co-ordinate and supervise the execution of the functions and affairs of the Government, including those of Ministries; and

(b) shall perform such other duties as may be assigned to him by the President or under any written law.

(7) The office of the Prime Minister shall become vacant:

(a) if a person is appointed as Prime Minister under paragraphs (b) or (c) of the proviso to subsection (2) of this section and the Prime Minister does not within three days either resign from his office or, where a person so appointed who was elected as Prime Minister under subsection (4) of this section was supported by the votes of less than a majority of all the members of the House, advise a dissolution of the House of Representatives; or

(b) if, at any time between the holding of a general election of the Elected Members of the House of Representatives and the date on which that House first meets thereafter, the President considers that, in consequence of changes in the membership of the House of Representatives resulting from that election, the Prime Minister will not be able to command the majority in that House.

74S. Resolution of no confidence in the Prime Minister.

(1) A resolution of no confidence in the Prime Minister may be moved and passed in accordance with the provisions of this section.

(2) Subject to the other provisions of this Section, any motion of no confidence in the Prime Minister shall not be moved in the House of Representatives if:

(a) either it has no relation with the discharge of the functions of the office of Prime Minister in accordance with Section 74R(6) of this Constitution or there are no allegations that the Prime Minister has contravened the provisions of Chapter IIIA of this Constitution;

(b) it does not propose the name of an Elected Member of the House of Representatives for the President to appoint in the place of the Prime Minister;

(c) six months have not lapsed since the Prime Minister was appointed;

(d) nine months have not lapsed since a similar motion was moved in and rejected by the House of Representatives.

(3) A resolution of no confidence in the Prime Minister shall not be passed by the House of Representatives save only if:

(a) a written notice, signed and supported by not less than twenty per cent of all the Members of the House of Representatives, is submitted to the Speaker of the House at least fourteen days prior to the day on which the resolution is intended to be moved before the House;

(b) the Speaker of the House satisfies himself that the provisions of this Constitution governing the moving of the resolution have been complied with.

(4) A resolution of no confidence in the Prime Minister which satisfies the provisions of this section shall be moved before the House of Representatives as soon as possible in accordance with the Standing Orders of that House.

(5) A resolution of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the members of the House of Representatives, voting by secret ballot.

(6) In the event the resolution of no confidence in the Prime Minister is passed by the House of Representatives, the Speaker of the House shall submit that resolution to the President and the President shall appoint as Prime Minister the person named in the resolution to be appointed in the place of the Prime Minister.

74T. Deputy Prime Ministers of Government of Kenya.

(1) There shall be two Deputy Prime Ministers of the Government of Kenya who shall be appointed by the President in accordance with subsection (2) of this section.

(2) The Prime Minister shall nominate two persons, one from among the Elected Members of the House of Representatives and the other from among the Elected Senators, to be appointed Deputy Prime Ministers.

(3) The Deputy Prime Minister who is nominated from among the Elected Senators shall be the Leader of Government business in the Senate.

(4) The office of a Deputy Prime Minister shall become vacant:

(a) if the President, acting in accordance with the advice of the Prime Minister, so directs;

(b) if the Prime Minister resigns from office within three days after the passage by the House of Representatives of a resolution of no confidence in the Prime Minister or if his office becomes vacant under section 74R(7) of this constitution;

(c) if the holder of the office ceases to be a member of either House of the National Assembly otherwise than by reason of the dissolution of the House of Representatives or of a retirement of Senators;

(d) in the case of the Deputy Prime Minister who, immediately before a dissolution of the House of Representatives, was an Elected Member of that House, if, when that House first meets after that dissolution, he is not then an Elected Member thereof; or

(e) in the case of the Deputy Prime Minister who, immediately before a retirement of Senators, was an Elected Senator, if, when the Senate first meets after that retirement, he is not then an Elected Senator.

75. Ministers of Government of Kenya.

(1)

(a) The Prime Minister and the Deputy Prime Ministers shall be Ministers of the Government of Kenya.

(b) There shall be such other offices of Minister of the Government of Kenya as may be established by Parliament or, subject to any provisions made by Parliament, by the President.

(2) The President shall appoint the Ministers (other than the Prime Minister or the Deputy Prime Ministers) from among persons who are qualified to be elected as members of either House of the National Assembly after consultation with the Prime Minister.

(3) The office of a Minister (other than the Prime Minister or the Deputy Prime Ministers) shall become vacant:

(a) if the President so directs; or

(b) if the Prime Minister resigns from office within three days after the passage by the House of Representatives of a resolution of no confidence in the Prime Minister or if his office becomes vacant under section 74R(7) of this constitution.

(4) The composition of the Cabinet shall at all times reflect the relative parliamentary strength of the political parties that support the Government and shall at all times take into account the principle of portfolio balance.

76. Cabinet.

(1) There shall be a Cabinet of Ministers, consisting of the President, the Vice-President, the Prime Minister, the Deputy Prime Ministers and the other Ministers.

(2) The functions of the Cabinet shall be:

(a) to aid and advise the President in the government of Kenya (including advising the President with respect to the policy of the Government) and to advise the President with respect to such other matters as may be referred to it by the President;

(b) to co­ordinate and supervise all public services;

(c) to supervise and dispose of property belonging to Kenya in accordance with the provisions of this Constitution and the law; and

(d) to consider Bills proposed to be introduced to the House of Representatives by the President, by the Vice-President or by a Minister.

(3) The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his functions.

(4) The cabinet shall be collectively responsible to the two Houses of the National Assembly for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.

(5) The provisions of subsections (2), (3) and (4) of this section shall not apply in relation to:

(a) matters of Foreign and Defence policy;

(b) the appointment and removal from office of the Prime Minister, Deputy Prime Ministers, Ministers and Assistant Ministers under sections 74R, 74T, 75 and 81 of this Constitution, the assignment of responsibility to any Minister under section 77 of this Constitution, the authorization of any of the Deputy Prime Ministers under section 78 of this Constitution to exercise the functions of the Prime Minister during the latter’s absence or illness or the giving of consent under section 82 of this Constitution to the Vice-President, a Minister, or an Assistant Minister absenting himself from Kenya; or

(c) the dissolution of the House of Representatives; or

(d) the matters referred to in section 88 of this Constitution (which relates to the exercise of the Prerogative of Mercy).

76A. Procedure of Cabinet.

(1) The Cabinet shall not meet except by the authority of the President who shall summon the Cabinet to meet whenever he considers it necessary so to do:

Provided that the President shall summon a meeting of the Cabinet whenever he is requested so to do by:

(a) the Vice-President;

(b) the Prime Minister; or

(c) not less than three Ministers other than the Prime Minister.

(2) The President may summon any public officer to a meeting of the Cabinet whenever in his opinion the business before the Cabinet renders the presence of the officer desirable.

(3) The President shall, so far as is practicable, attend and preside at all meetings of the Cabinet, and, in the absence of the President, there shall preside:

(a) the Vice-President; or

(b) in the absence of the Vice-President, the Prime Minister; or

(c) in the absence of the Vice-President and the Prime Minister, such Minister as the Cabinet may elect for that purpose.

(4) Save as otherwise provided in this Constitution, any question proposed for decision in the Cabinet shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Cabinet, the person presiding shall have both an original vote and a casting vote.

(5) The Cabinet may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the Cabinet shall be the majority of members thereof.

(6) Subject to the provisions of this Chapter, the Cabinet may regulate its own procedure.

76B. Agenda of meetings of Cabinet.

The agenda of any meeting of the Cabinet shall be prepared by the President and shall be communicated to all persons concerned prior to such meeting:

Provided that:

(a) the Vice­-President, the Prime Minister, or any three Ministers other than the Prime Minister, may propose to the President any subject for inclusion in the agenda of any meeting of the Cabinet; and

(b) the President shall include such subject in the agenda if it can conveniently be dealt with at such meeting, and otherwise included it in the agenda of the meeting next following.

77. Allocation of portfolios to Ministers.

(1) The President may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the government of Kenya, including the administration of any department of Government.

(2) Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department, including the power to:

(a) execute laws relating to, and administer all matters and affairs usually falling within, the domain of that department;

(b) prepare orders or regulations concerning that department for submission to the President; and

(c) issue directions for the carrying out of the provisions of any law relating to that Department and of any order or regulation under such law;

78. Exercise of Prime Minister's functions during absence or illness.

(1) Whenever the Prime Minister is absent from Kenya or is by reason of illness unable to exercise the functions conferred on him by this Constitution or when the Prime Minister represents to the President that it is desirable so to do, the President may authorize some other Minister to exercise those functions (other than the functions conferred by this section) and that Minister may exercise those functions until his authority is revoked by the President.

(2) The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister:

Provided that if the President considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice.

79. Exercise of President's functions.

(1) In the exercise of his functions the President shall act in his own discretion and shall not be obliged to follow advice tendered by any other person or authority.

(2) Where the President is required by this Constitution to act in accordance with the advice of any person or authority, the question whether he has received, or acted in accordance with, such advice in any case shall not be inquired into in any court.

80. Annual Address to Parliament

(1) The President shall deliver annually on the second Tuesday in November in an address to the members of both Houses of the National Assembly indicating the policies proposed to be followed by the Government during the forthcoming year and the manner and results of the application of the policies of the Government during the preceding year and otherwise setting forth the state of the Nation.

(2) If circumstances render it impracticable for the President himself to deliver any such address, he may instead send a message to the National Assembly embodying the address.

(3) In addition to delivering any address or sending any message under the preceding provisions of this Section, the President may at any time deliver an address to the members of both Houses of the National Assembly or send a message to the National Assembly.

(4) Every message sent by the President to the National Assembly shall be read to the members of the House of Representatives by the Speaker of the House of Representatives and to the Senators by the President of the Senate.

81. Assistant Ministers.

(1) The President may appoint Assistant Ministers from among persons who are qualified to be elected as members of either House of the National Assembly to assist Ministers in the performance of their duties.

(2) The office of an Assistant Minister shall become vacant:

(a) if the President so directs;

(b) if the Prime Minister's office becomes vacant within three days after the passage by the House of Representatives of a resolution of no confidence in the Prime Minister or is removed from office under section 75 (4) of this Constitution;

(c) upon the election of a person to the office of President.

82. Absence of Vice-President, Ministers and Assistant Ministers from Kenya.

(1) The Vice-President, a Minister or an Assistant Minister shall not absent himself from Kenya except with the prior consent of the President.

(2) The President shall only give consent to a Deputy Prime Minister absenting himself from Kenya in accordance with the advice of the Prime Minister.

82A. Leaders of Oppoisition buisness in houses of National Assembly.

(1) There shall be a Leader of Opposition business in the Senate and a Leader of Opposition business in the House of Representatives who shall be appointed by the President in accordance with the provisions of this section.

(2) The President shall appoint as Leader of Opposition business in the House of Representatives an Elected Member of the House of Representatives who is the parliamentary leader of the political party group of such coalition of political party groups that is willing to support a government, in which there shall not be included the political party group of the Prime Minister and not less than two-fifths of its members shall be drawn from among political party groups which are not part of the coalition formed to support the currently-serving government, as may be formed after consultation with the parliamentary leaders of the political party groups in the House of Representatives, or, if no such coalition is formed, the parliamentary leader of the political party group that has the largest number of Elected Members in the House of Representatives and is not within a coalition of political party groups that is willing to support the government:

Provided that:

(a) where the President considers that there is no prospect of his being able within a reasonable time to nominate to that office a person under this subsection, he shall appoint an Elected Member of the House of Representatives who appears to him likely to command the support of a majority of the members of the House in opposition to the Government; or if there is no such person, the member of the House who, in his judgment, commands the support of the largest single group of members in opposition to the Government who are prepared to support one leader as Leader of Opposition business in the House of Representatives; and

(c) where a resolution of no confidence in the Prime Minister is passed by the House of Representatives, the President shall appoint as Leader of Opposition business in the House of Representatives the former Prime Minister.

(3) The Leader of the Opposition shall vacate his office if—

(a)after an election of members of the House of Assembly following any dissolution of Parliament he is informed by the Governor-General that the Governor-General is about to appoint another person as Leader of the Opposition; (b)for any reason other than a dissolution of Parliament he ceases to be a member of the House of Assembly; (c)under the provisions of paragraphs (2), (3) and (4) of Article 49 of this Constitution he is required to ceases to perform his functions as a member of the House of Assembly; or (d)his appointment is revoked under the provisions of paragraph (4) of this Article. (4) If in the judgment of the Governor-General the Leader of the Opposition is no longer the member of the House of Assembly best able to command the support of the majority of members of the House in opposition to the Government or the member of the House who commands the support of the largest single group of members in opposition to the Government who are prepared to support one leader, the Governor-General shall revoke the appointment of the Leader of the Opposition.

(5) Paragraph (4) of this Article shall not have effect while Parliament is dissolved.

83. Oaths to be taken by Ministers and Assistant Ministers.

(1) A Minister or an Assistant Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office prescribed in subsection (2), or, as the case may be, in subsection (3), of this section, and all the said oaths shall be tendered by and subscribed before the President.

(2) The oath of office for a Minister shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will well and truly serve the Republic of Kenya in the office of [Prime Minister/Deputy Prime Minister/Minister], that I will to the best of my judgment, at all times when so required, give my counsel and advice to the President of the Republic of Kenya for the good management of the public affairs of the Republic, and that I will not directly or indirectly reveal such matters as shall be referred to the Cabinet and committed to my secrecy. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

(3) The oath of office for an Assistant Minister shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will well and truly serve the Republic and President of Kenya in the office of Assistant Minister. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

83A. Permanent Secretaries to the Offices of President and Vice-President.

There shall be a Permanent Secretary to the President's Office and a Permanent Secretary to the Vice-President's Office whose offices shall be offices in the public service.

84. Permanent Secretaries.

Subject to the general direction and control exercised over any department of Government by the Minister who is for the time being responsible for that department, every department of Government shall be under the supervision of a permanent secretary whose office shall be an office in the public service:

Provided that two or more Government departments may be placed under the supervision of one permanent secretary and one Government department may be placed under the supervision of two or more permanent secretaries.

85. Secretary to the Cabinet.

(1) There shall be a Secretary to the Cabinet whose office shall be an office in the public service.

(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.

86. Attorney-General.

(1) There shall be an Attorney General whose office shall be an office in the public service.

(2) The Attorney General shall be the principal legal adviser to the Government of Kenya.

(3) The Attorney-General shall have power in any case in which he considers it desirable so to do:

(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(4) The Powers of the Attorney General under subsection (3) of this section may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.

(5) The powers conferred on the Attorney General by paragraphs (b) and (c) of subsection (3) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(6) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including the Judicial Committee) shall be deemed to be part of those proceedings:

Provided that the power conferred on the Attorney General by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(7) In the exercise of the functions vested in him by subsection (3) of this section and by sections 50, 58 and 167 of this Constitution, the Attorney General shall not be subject to the direction or control of any other person or authority.

87. Constitution of offices.

Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Kenya, make appointments to any such office and terminate any such appointment:

Provided that the foregoing provisions of this subsection shall not apply in relation to offices for the government of a Region.

87A. Confirmation hearings, etc., for certain appointments by the President.

(1) Where the President proposes to make an appointment to any of the offices to which this section applies:

(a) the President shall notify the Senate, in such manner as may be prescribed by an Act of Parliament, of the person or persons whom he proposes to appoint to the office;

(b) the Senate shall hold a confirmation hearing at which every person proposed for appointment shall answer questions relating to the proposed appointment and may request any such person (whether at a confirmation hearing or otherwise) to produce documents which are in his possession or under his control and which relate to the proposed appointment;

(c) the Senate shall make a written report of the confirmation hearing of each person proposed for appointment, and such a report, together with any documents produced by any such person and a recommendation to the President as to whether or not that person should be appointed, shall be laid before the President if the Senate so resolves by the votes of a majority of all the Elected Senators; and

(d) the President shall not appoint any person to any of the offices to which this section applies until the Senate's recommendation as to whether or not that person should be appointed is laid before him:

Provided that:

(a) whenever any office to which this section applies becomes vacant when Parliament is prorogued, the confirmation hearings of the person or persons whom the President proposes to appoint to the office shall be held as soon as may be after the first sitting of the Senate after Parliament has at any time been prorogued or after a retirement of Senators, but the President may provisionally appoint a person to that office;

(b) any person so provisionally appointed shall continue in office until the confirmation hearings of the person or persons whom the President proposes to appoint to the office shall be held; and

(c) no person who has been provisionally appointed or appointed to act in any office to which this section applies shall be appointed to that office unless the Senate recommendations that that person should be so appointed.

(3) The offices to which this section applies are:

(a) the office of nominated Senator;

(b) the office of Constitutional Justice;

(c) the office of judge of the Supreme Court;

(d) the office of member of the Public Service Commission;

(e) the office of member of the Electoral Commission appointed under section 48(1)(c) of this constitution;

(f) the office of Attorney General;

(g) the office of Chief of General Staff;

(h) the office of Chief of any Branch of the Armed forces of the Republic;

(i) the office of Inspector General of Police; and

(j) any office constituted under section 87 of this constitution, unless:

(i) such an office is an office on the personal staff of the President; or

(ii) Parliament provides that this section does not apply to that office.

87B. Provisions as to International Agreements.

(1) The power to negotiate and conclude international treaties, conventions and agreements shall vest in the President, acting after consultation with the Minister for the time being responsible for Foreign Affairs.

(2) Where the President concludes an international treaty, convention or agreement under subsection (1) of this Section, he shall without delay notify the Senate, in such manner as may be prescribed by an Act of Parliament, of the conclusion and sumbit the international treaty, convention or agreement so concluded to the Senate for ratification.

(3) Any treaty submitted to the Senate for ratification under subsection (2) of this Section shall be deemed to have been so ratified where a resolution in that behalf has been supported in the Senate by votes of not less than three-fifths of all the Senators.

Part 4 — Establishment of Advisory Councils

87C. National Security Council

(1) There shall be a National Security Council which shall consist of the following members, that is to say:

(a) the President, as Chairman;

(b) the Vice-President, as Vice-Chairman;

(c) the Prime Minister;

(d) the Minister for the time being responsible for matters relating to the Police Force; and

(e) the Minister for the time being responsible for defence;

(f) the Minister for the time being responsible for foreign affairs;

(g) the Chief of General Staff; and

(h) the Inspector-General of Police.

(2) The National Security Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of Kenya.

87D. National Defence Council

(1) There shall be a National Defence Council which shall consist of the following members, that is to say:

(a) the President who shall be the Chairman;

(b) the Vice-President who shall be the Deputy Chairman;

(c) the Minister of the Government of the Federation responsible for defence;

(d) the Chief of General Staff;

(e) the Chief of Army Staff;

(f) the Chief of Naval Staff;

(g) the Chief of Air Staff; and

(h) the Chief of any other branch of the Armed Forces as may be etsablished by Parliament.

(2) The Council shall have power to advise the President on matters relating to the defence of the sovereignty and territorial integrity of Kenya.

Part 5 — The Prerogative of Mercy

88. Prerogative of Mercy.

(1) The President may:

(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and

(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Republic on account of any offence.

(2) The powers of the President under subsection (1) of this section shall be exercised by him acting in accordance with the advice of the Minister for the time being responsible for justice.

89. Advisory Committee on Prerogative of Mercy.

(1) The powers of the President under section 88(1) of this Constitution shall be exercised by him acting in accordance with the advice of the Minister for the time being responsible for justice.

(1a) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of:

(a) the Minister for the time being responsible for justice, who shall be Chairman;

(b) the Attorney General; and

(c) not less than three nor more than five other members appointed by the President, by instrument in writing under his hand, of whom at least two shall be Ministers and at least one shall be a person qualified to practise in Kenya as a medical practitioner.

(2) A member of the Committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:

Provided that his seat shall become vacant:

(a) in the case of a person who, at the date of his appointment was a Minister, if he ceases to be a Minister; or

(b) in any case, if the President, by instrument in writing under his hand, so directs.

(3) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

(4) The Committee may regulate its own procedure.

(5) [Repealed]

90. Functions of Advisory Committee on Prerogative of Mercy.

(1) Where any person has been sentenced to death (otherwise than by a court-martial) for any offence, the Minister for the time being responsible for justice shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide in his own judgment whether to advise the President to exercise any of his functions under section 88 of this Constitution.

(2) The Minister for the time being responsible for justice may consult with the Committee before deciding whether to advise the President to exercise any of his functions under the said section 88 in any case not falling within subsection (1) of this section, but the Minister shall not be obliged to act in accordance with the advice of the Committee.

CHAPTER VI — REGIONS

Part 1 — Establishment of Regions

91. Boundaries of Regions.

(1) Kenya shall be divided into the Nairobi Area and the following Regions whose respective boundaries shall, subject to the provisions of section 239 of this Constitution, be specified by an Act of Parliament:

(a) the Coast Region;

(b) the Eastern Region;

(c) the Central Region;

(d) the Rift Valley Region;

(e) the Nyanza Region;

(f) the Western Region; and

(g) the North-Eastern Region.

(2) No amendment shall be made to an Act of Parliament enacted under subsection (1) shall have effect unless it is subsequently approved by a law made by the Regional Assembly of each of the Regions affected.

(3) Kenya shall be also divided into such Provinces as may be established by any Act of Parliament enacted under subsection (1), whose respective boundaries shall, subject to the provisions of section 240 of this Constitution, be specified by that Act of Parliament:

Provided that:

(a) the Nairobi Area shall be deemed to constitute a Province;

(a) no part of a Region shall not be included within a Province; and

(b) no Province may form part of more than one Region.

Part 2 — Composition of Regional Assemblies

92. Establishment of Regional Assemblies.

(1) There shall be for each Region a Regional Assembly consisting of Elected Members and Specially Elected Members.

(2) The Elected Members of each Regional Assembly shall comprise Constituency Members and Party-List Members.

93. Constituency Members of Regional Assemblies.

(1) Subject to the provisions of section 242 of this Constitution, each Regional Assembly shall contain such number of Constituency Members as may for the time being be prescribed by a law made by it in pursuance of section 104 of this Constitution.

(2) For the purpose of electing Constituency Members to the Regional Assembly and subject as aforesaid, each Region shall be divided into constituencies whose respective boundaries shall be those for the time being specified by a law made by the Regional Assembly in pursuance of section 104 of this Constitution.

(3) Each constituency shall elect one Constituency Member to the Regional Assembly in such manner as, subject to the provisions of this Constitution, may be prescribed by or under any law made by the Regional Assembly.

(4) [Repealed].

(5) Every person who is registered in any constituency of a as a voter, unless he is disqualified by any law made by the Regional Assembly from voting in elections to the Regional Assembly on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence, by the court trying en election petition, be entitled so to vote in that constituency in accordance with the provisions of any law in that behalf by the Regional Assembly; and no other person may so vote.

(6) [Repealed].

93A. Party-List Members of Regional Assemblies.

(1) The number of Party-List Members of each Regional Assembly shall be equal to the number of seats of Constituency Members of that Regional Assembly.

(2) The Party-List Members of the House of Representatives shall be elected in accordance with the provisions of Schedule 7bis of this Constitution.

(3) Every person who is registered in any Region as a voter shall, unless he is disqualified by any law made by the Regional Assembly from voting in elections to the Regional Assembly on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence, by the court trying en election petition, be entitled so to vote in that Region in accordance with the provisions of any law in that behalf by the Regional Assembly; and no other person may so vote.

94. Specially Elected Members of Regional Assemblies.

(1) The number of Specially Elected Members of a Regional Assembly shall be the number which results from dividing the number of seats of Elected Members of that Regional Assembly by eight or, in that result is not a whole number, the whole number next greater than that result.

(2) The Specially Elected Members of a Regional Assembly shall be elected by the Elected Members of that Regional Assembly in accordance with the provisions of Schedule 7 of this Constitution.

95. Qualifications for election to Regional Assemblies.

Subject to the provisions of section 96 of this Constitution, a person shall be qualified to be elected as a member of a Regional Assembly if, and shall not be so qualified unless, at the date of his nomination for election, he:

(a) is a citizen of Kenya who has attained the age of twenty-one years; and

(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language well enough to take an active part in the proceedings of the Cabinet.

(2) A person shall not be qualified to be elected as a member of a Regional Assembly unless, at the date of his nomination for election, he is registered in that Region as a voter in elections to the Regional Assembly.

96. Disqualifications for election to Regional Assemblies.

(1) No person shall be qualified to be elected as a member of a Regional Assembly who, at the date of his nomination for election:

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign power or state; or

(b) is under sentence of death imposed on him by any court in Kenya; or

(c) is, under any law in force in Kenya, adjudged or otherwise declared to be of unsound mind; or

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kenya; or

(e) subject to such exceptions and limitations as may be prescribed by a law made by that Regional Assembly, has any interest in any such government contract as may be so prescribed; or

(f) is a public officer; or

(g) holds or is acting in any office on the staff of a local government authority.

(2) A law made by a Regional Assembly may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified in that law and the functions of which involve responsibility for, or in connexion with, the conduct of any election to that Regional Assembly or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a member of that Regional Assembly.

(3) A law made by a Regional Assembly may provide that a person who is convicted by any court of any offence that is prescribed by that law and that is connected with the election of the President or of a Governor or of members of either House of the National Assembly or of a Regional Assembly or of a local government authority or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as a member of the Regional Assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

(4) A law made by a Regional Assembly may provide that any office shall be deemed not to be a public office for the purposes of subsection (1)(f) of this section or that any office shall, for the purposes of sub-section (1)(g) of this section, be deemed not to be such an office as is referred to in the said subsection (1)(g).

(4A) A person shall not at the same time be a member of more than one Regional Assembly, nor be elected to the same Regional Assembly for more than one constituency, nor be both an Elected and a Specially Elected Member or both a Constituency and a Party-List Member of the Regional Assembly, and if:

(a) a member of one Regional Assembly is elected to another Regional Assembly, he shall cease to be a member of the first Assembly upon taking his seat in the other Assembly;

(b) a Specially Elected Member of a Regional Assembly is elected as an Elected Member of that Assembly, he shall cease to be a Specially Elected Member upon taking his seat as an Elected Member; and

(c) a person is elected:

(i) as a member of more than one Regional Assembly;

(ii) to a Regional Assembly for more than one constituency; or

(iii) both as a Constituency and a Party-List Member of a Regional Assembly,

he shall choose which of the seats to which he was elected he shall retain, and every seat not retained by him shall become vacant.

(5) No person shall be qualified to be elected as a Specially Elected Member of a Regional Assembly who, at the date of his nomination for election as such a Member, is an Elected Member of that Regional Assembly or is named on any party's list of candidates for that Regional Assembly but was not elected or who has, at any time since that Regional Assembly was last dissolved, stood as a candidate for election as an Elected Member of that Regional Assembly but was not elected.

(5A) A person who holds the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor or Executive Secretary shall not at the same time be a member of the Regional Assembly, and if the holder of any such office as aforesaid is elected as a member of the Assembly, he shall cease to hold the other office upon taking his seat in the Assembly.

(5B) If a person is both elected as a member of a Regional Assembly and elected or appointed as Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, or Executive Secretary, he shall choose which of the offices to which he was elected or appointed he shall retain, and every office not retained by him shall become vacant.

(6) In subsection (1)(e) of this section "government contract" means any contract made with the government of the Region or with a department of that government or with an officer of the Region contracting as such.

97. Tenure of seats of members of Regional Assemblies.

(1) A member of a Regional Assembly shall vacate his seat therein:

(a) if he ceases to be a citizen of Kenya, or

(b) if any circumstances arise that, if he were not a member of the Regional Assembly, would cause him to be disqualified to be elected as such under section 96(1) of this Constitution or under any law made in pursuance of section 96(2) or section 96(3) of this Constitution.

(2) A law made by a Regional Assembly may, in order to permit any member of the Regional Assembly who has been sentenced to death adjudged or declared to be of unsound mind, adjudged or declare bankrupt or convicted or reported guilty of any offence prescribed uncle section 96(3) of this Constitution to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by a law made by the Regional Assembly, the decision shall not have effect for the purposes of this section until such time as may be prescribed.

97A. Times for holding elections to Regional Assemblies

(1) A general election of Elected Members of a Regional Assembly shall be held on the second Tuesday in August, in the year in which terms of office of the incumbent Elected Members expire:

(2) An election held to fill a vacancy in Constituency Members of a Regional Assembly shall be held on the last Tuesday within sixty days from the date of the dissolution:

Provided that if a vacancy in Constituency Members of a Regional Assembly is established on a date within six months of the date the Regional Assembly shall, in accordance with section 115 of this Constitution, stand dissolved, such casual vacancy shall not be filled unless the Chairman of the Regional Assembly notifies the Electoral Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the Regional Assembly is being affected by such vacancy, in which event an election to fill such vacancy shall be filled on the last Tuesday within sixty days from the date of the receipt of that notification.

98. Chairmen of Regional Assemblies.

(1) There shall be a Chairman of each Regional Assembly who shall be elected, in accordance with the provisions of this section, by the Regional Assembly from among the persons who are Elected Members thereof or are qualified to be elected as such.

(2) A person shall not be elected as Chairman of the Regional Assembly unless he is supported by the votes of a majority of all the members of the Regional Assembly and if no candidate is supported by the votes of a majority of all the members of the Regional Assembly, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the Regional Assembly the candidate who in that ballot receives the highest number of vote, and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(2A)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as Chairman of the Regional Assembly.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Deputy Chairman of the Regional Assembly, Chairman, Deputy Chairman or Member of any other Regional Assembly, Judge or any office in the public service.

(3) The Chairman of the Regional Assembly shall vacate his office:

(a) when the Regional Assembly first meets after it has been dissolved,

(b) [Repealed];

(c) if any circumstances arise that, if he were not Chairman of the Regional Assembly, would cause him to be disqualified to be elected as such; or

(d) if he is removed from office by resolution of the Regional Assembly supported by the votes of a majority of all the members thereof.

(4) No business shall be transacted in a Regional Assembly (other than the election of a Chairman of the Regional Assembly or the holding of a general election of the Specially Elected Members) at any time when the office of Chairman of the Regional Assembly is vacant, but this subsection shall not affect the transaction of business by any committee of the Regional Assembly.

(5) [Repealed].

99. Deputy Chairmen and Vice-Chairmen of Regional Assemblies.

(1) There shall be a Vice-Chairman and not more than ten nor less than six Deputy Chairmen of each Regional Assembly.

(1A) The Deputy Chairmen of the Regional Assembly shall be elected by the Regional Assembly from among persons who are Elected Members thereof or are qualified to be elected as such in accordance with the provisions of Schedule X of this Constitution and the Vice-Speaker shall then be selected by the Regional Assembly from among the persons so elected as Deputy Chairmen.

(2) A person shall not be elected as Vice-Chairman of the Regional Assembly unless he is supported by the votes a majority of all the Members of the Regional Assembly, and if no candidate is supported by the votes of a majority of all the members of the Assembly, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the Assembly, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(2A)

(a) A holder of any office to which this subsection applies shall not be qualified to be elected as a Deputy Chairman of the Regional Assembly.

(b) This subsection applies to the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Governor, Lieutenant-Governor, Executive Secretary, Deputy Chairman of the Regional Assembly, Chairman, Deputy Chairman or Member of any other Regional Assembly, Judge or any office in the public service.

(3) A Deputy Chairman of the Regional Assembly shall vacate his office:

(a) when that Regional Assembly first meets after a dissolution thereof; or

(b) if any circumstances arise that, if he were not a Deputy Chairman of the Regional Assembly, would disqualify him to be elected as such; or

(c) if he is removed from office by resolution of that Regional Assembly supported by the votes of majority of all the members thereof.

(4) The Vice-Chairman of the Regional Assembly shall have precedence over the other Deputy Chairmen of the Regional Assembly, and, Subject to the precedence of the Vice-Chairman of the Regional Assembly, the Deputy Deputy Chairmen of the Regional Assembly shall take precedence among themselves in accordance with the dates on which they assumed office; and if two or more Deputy Chairmen of the Regional Assembly assumed office on the same day the older shall take precedence over the younger.

(5) [Repealed].

(1) There shall be Deputy Chairmen of each Regional Assembly who shall be elected by the Regional Assembly from among persons who are Elected Members thereof or are qualified to be elected as such.

(2) The minimal number of Deputy Chairmen of a Regional Assembly shall be the number which results from dividing the number of seats of Members of that Regional Assembly by twelve or, in that result is not a whole number, the whole number next lesser than that result, and the minimal number of Deputy Chairmen of that Regional Assembly shall be the number which results from dividing the number of seats of Members of that Regional Assembly by eight or, in that result is not a whole number, the whole number next greater than that result.

(3) A person shall not be elected as Deputy Chairman of a Regional Assembly unless he is supported by the votes of half of all the Members of that Regional Assembly, and if no candidate is supported by the votes of half of all the members of the Assembly, a further ballot shall be held:

Provided that, if in the first ballot no candidate is supported by the votes of half of all the members of the House, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected:

And Provided Further that each member of the Assembly shall have as many votes at any election of the Deputy Chairmen of the Assembly as there are seats to be filled in that election.

(4) An Executive Secretary shall not be qualified to be elected as a Deputy Chairman of a Regional Assembly.

(5) A Regional Assembly shall elect a Deputy Chairman or Deputy Chairmen:

(a) subject to the provisions of section 98A(5) of this Constitution, when it first meets after a dissolution thereof; and

(b) when it first meets after the office of Deputy Chairman of a Regional Assembly has become vacant otherwise than by reason of the dissolution of that Regional Assembly, or as soon thereafter as may be convenient.

(6) A Deputy Chairman of a Regional Assembly shall vacate his office:

(a) when that Regional Assembly first meets after a dissolution thereof; or

(b) if any circumstances arise that, if he were not a Deputy Chairman of that Regional Assembly, would disqualify him to be elected as such; or

(c) if he is removed from office by resolution of that Regional Assembly supported by the votes of three quarters of all the members thereof.

(7) The Deputy Chairmen of a Regional Assembly shall elect the Vice Chairman of that Regional Assembly from among themselves:

(a) when they first meet immediately after the election of a Deputy Chairman or Deputy Chairmen or the office of Deputy Chairman of the Regional Assembly becoming vacant; and

(b) when they first meet after the office of Vice Chairman of the Regional Assembly has become vacant otherwise than by reason of the election of a Deputy Chairman or Deputy Chairmen or the office of Deputy Chairman of the Regional Assembly becoming vacant, or as soon thereafter as may be convenient.

(8) The Vice Chairman of a Regional Assembly shall have precedence over the other Deputy Chairmen of that Regional Assembly, and, Subject to the precedence of the Vice Chairman of that Regional Assembly, the Deputy Chairmen of that Regional Assembly shall take precedence among themselves in accordance with the dates on which they assumed office; and if two or more Deputy Chairmen of that Regional Assembly assumed office on the same day the older shall take precedence over the younger.

(9) The Vice Chairman of a Regional Assembly shall vacate his office:

(a) when a Deputy Chairman or Deputy Chairmen of that Regional Assembly are elected; or

(b) when the office of Deputy Chairman of the Regional Assembly has become vacant; or

(c) if he ceases to be a Deputy Chairman of the Regional Assembly; or

(d) if any circumstances arise that, if he were not Vice Chairman of the Regional Assembly, would disqualify him to be elected as such; or

(e) if he is removed from office by resolution supported by the votes of three quarters of all the Deputy Chairmen of the Regional Assembly.

100. Clerks to Regional Assemblies.

(1) There shall be a Clerk to each Regional Assembly.

(2) The office of the Clerk to a Regional Assembly and the offices of the members of his staff shall be offices in the public service.

101. Determination of questions as to membership of Regional Assemblies.

(1) The Supreme Court shall have jurisdiction to hear and determine any question whether:

(a) any person has been validly elected as a member of a Regional Assembly; or

(b) the seat in a Regional Assembly of a member thereof has become vacant.

(2) An application to the Supreme Court for the determination of any question under subsection (1)(a) of this section may be made by any person who was entitled to vote in the election to which the application relates or by the Clerk to the Regional-Assembly.

(3) An application to the Supreme Court for the determination of any question under subsection (1)(b) of this section may be made by any Elected Member of the Regional Assembly or by any person who is registered as a voter in elections of Elected Members of the Regional Assembly or by the Clerk to the Regional Assembly.

(4) A law made by a Regional Assembly may make provision with respect to:

(a) the circumstances and manner in which and the conditions upon which any application may be made to the Supreme Court for the determination of any question under this section relating to that Regional Assembly; and

(b) the powers, practice and procedure of the Supreme Court in relation to any such application.

(5) The determination by the Supreme Court of any question under this section shall not be subject to appeal.

Part 3 — Legislative Powers of Regional Assemblies

102. Power of Regional Assemblies to make laws.

Subject to the provisions of the Constitution, a Regional Assembly shall have power to make laws for the peace, order and good government of the Region or of any part thereof with respect to any matter specified in Part I or Part II of Schedule 1 of this Constitution.

103. Mode of exercise of legislative powers of Regional Assemblies.

(1) The power of a Regional Assembly to make laws shall be exercisable by bills passed by that Regional Assembly and assented to by the Governor (or, in the cases mentioned in the proviso to subsection (2A) of this section, became law by inaction of the Governor or, in the cases mentioned in subsection (3A) of this section, refused to be assented to by the Governor and subsequently reconsidered by the Regional Assembly).

(2) When a bill is passed by a Regional Assembly it shall, as soon as practicable, be presented to the Governor for his assent.

(2A) When a Bill is presented to the Governor for assent, he shall, within twenty-one days after the Bill has been presented to him for assent under subsection (2), signify to the Chairman of the Regional Assembly that he assents to the Bill or refuses to assent to the Bill.

Provided that when twenty-one days after the Bill has been presented to the Governor for assent under subsection (2) have passed and the Governor has neither signified that he assents to the Bill nor that he refuses to assent to the Bill, it shall become law and the Chairman of the Regional Assembly shall thereupon transmit it for publication in the Kenya Gazette.

(3) When a Bill that has been duly passed:

(a) is assented to in accordance with the provisions of this section, it shall become law and the Governor shall thereupon transmit it for publication in the Kenya Gazette; or

(b) is refused assent in accordance with the provisions of this section, it shall be referred to the Regional Assembly for reconsideration, and the President shall thereupon transmit a memorandum to the Chairman of the Regional Assembly indicating the specific provisions of the Bill which in his opinion should be reconsidered.

(3A) Where a bill submitted to either House of the National Assembly, or, as the case may be, to a joint sitting of the National Assembly, for reconsideration has been again passed by the Assembly by not less than two-thirds majority of all its members, it shall become law and the Chairman of the Regional Assembly shall thereupon transmit it for publication in the Kenya Gazette.

(4) No law made by a Regional Assembly shall come into operation until it has been published in the Kenya Gazette:

Provided that:

(a) If Such a law is not published in the Kenya Gazette within nine days of its receipt by the publisher of the Kenya Gazette (or, if the Governor certifies, when he transmits it for publication, that the coming into operation of the law is matter of urgency, within two days of such receipt), it may be published in any other way prescribed by the Governor and shall then come into operation when it is so published unless a later date is prescribed therein;

(b) a Regional Assembly may postpone the coming into operation of any such law; and

(c) a Regional Assembly may make laws with retrospective effect.

(5) All laws made by a Regional Assembly shall be styled "Enactments" and the words of enactment thereof shall be "Enacted by the Regional Assembly of the ........................ Region."

104. Laws relating to composition of Regional Assemblies.

A law made by a Regional Assembly may prescribe the number of Constituency Members of that Regional Assembly and may specify the boundaries of the constituencies into which the Region is divided in accordance with section 98(2) of this Constitution:

Provided that, subject to the provisions of section 242 of this Constitution:

(a) a bill for a law in pursuance of this section shall not be passed by a Regional Assembly unless on the final reading of that bill in the Regional Assembly it was supported by the votes of two thirds of all the members thereof;

(b) [Repealed]; and

(c) every law made in pursuance of this section shall come into effect upon the next dissolution of the Regional Assembly after it was made.

Part 4 — Executive Authority of Regions

105. Executive authority of Regions.

(1) The executive authority of a Region shall be vested in the Governor of the Region and may be exercised by him either directly or through public officers serving on the establishment of the Region.

(2) Subject to the provisions of Chapter V of this Constitution the executive authority of a Region shall, to the exclusion of the executive authority of the Government of Kenya, extend to the matters specified in Schedule 1 of this Constitution.

(2A) The executive authority of a Region shall be so exercised as:

(a) not to impede or prejudice the exercise of the executive authority of the Government of Kenya; and

(b) to ensure compliance with any provision made by or under an Act of Parliament applying to that Region.

(3) Nothing in this section shall prevent a law made by a Regional Assembly from conferring functions on persons or authorities other than the Governor.

106. The office of Governor.

(1) There shall be for each Region a Governor, who shall be the Head of the Region.

(2) The Governor shall, as Head of the Region:

(a) have te right to be present in all official functions of Kenya, and shall represent his Region therein;

(b) otherwise engage in such symbolic or ceremonial activities as he thinks fit;

(c) have the general direction and control of the government of that Region, and direct its general policy;

(d) have power to make any order or regulation for the carrying into effect of any Act of Parliament as provided by Parliament;

(e) summon, preside in, and take part in the discussions and voting at, the meetings of the Cabinet in accordance with the provisions of section 76A of this Constitution; and

(f) prepare the agenda of such meetings in accordance with the provisions of section 76B of this Constitution.

106A. Qualifications for election as Governor.

(1) Subject to the provisions of subsections (2) and (3) of this section and section 106B of this Constitution, a person shall be qualified to be nominated for election as Governor if, and shall not be so qualified unless, he—

(a) is a citizen of Kenya wo has attained the age of twenty-five years; and

(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language well enough to take an active part in the proceedings of the Regional Assembly.

(2) A person shall not be qualified to be elected as Governor unless, at the date of his nomination for election, he is registered in that Region as a voter in gubernatorial elections.

(3) A person shall be nominated for election as Governor by a political party or as an independent candidate in such manner as may be prescribed by or under a law made by a Regional Assembly:

Provided that:

(a) each political party taking part in the gubernatorial election shall nominate one candidate for Governor, and

(b) the nomination of a candidate for Governor shall not be valid unless it is supported, in such manner as may be prescribed by or under a law made by a Regional Assembly, by not less than twenty thousand persons registered as voters in gubernatorial elections.

106B. Disqualifications for election as Governor.

(1) No person shall be qualified to be elected as Governor who, at the date of his nomination for election:

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to any foreign power or state; or

(b) is under sentence of death imposed on him by any court in Kenya; or

(c) is, under any law in force in Kenya, adjudged or otherwise declared to be of unsound mind; or

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kenya; or

(e) subject to such exceptions and limitations as may be prescribed by a law made by the Regional Assembly of that Region, has any such interest in any such government contract as may be so prescribed; or

(f) is a public officer; or

(g) holds or is acting in any office on the staff of a local government authority.

(2) A law made by a Regional Assembly may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified by that law and the functions of which involve responsibility for, or in connexion with, the conduct of any gubernatorial election in that region or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as Governor.

(3) A law made by a Regional Assembly may provide that a person who is convicted by any court of any offence that is prescribed by that law and that is connected with the election of the President or of a Governor or of members of either House of the National Assembly or of a Regional Assembly or of a local government authority or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as Governor for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

(4) A law made by a Regional Assembly may provide that any office shall be deemed not to be a public office for the purposes of subsection (1)(f) of this section or that any office shall, for the purposes of subsection (1)(g) of this section, be deemed not to be such an office as is referred to in the said subsection (1)(g).

(5) A person shall not at the same time be Governor of more than one Region and if:

(a) a Governor of one Region is elected to as Governor of another Region, he shall cease to be Governor of the first Region upon taking his seat in the other Region; and

(b) a person is elected as Governor of more than one Region, he shall choose which of the Governorships to which he was elected he shall retain, and every Governorship not retained by him shall become vacant.

(6) A person who holds the offices of President, Vice-President, Minister, Assistant Minister, President or Deputy President of the Senate, Senator, Speaker or Deputy Speaker of the House of Representatives, Member of the House of Representatives, Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly shall not at the same time hold the office of Governor, and if the holder of any such office as aforesaid is elected as Governor, he shall cease to hold the other office upon assuming office as Governor.

(7) If a person is both elected as Governor and elected or appointed as Lieutenant-Governor, Executive Secretary, Chairman or Deputy Chairman of a Regional Assembly, or Member of a Regional Assembly, he shall retain only the office of Governor, and every office not retained by him shall become vacant.

(8) In subsection (1)(e) of this section "government contract" means any contract made with the government of the Region or with a department of that government or with an officer of the Region contracting as such.

106C. Election of Governor.

(1) The Governor shall be elected in accordance with this Chapter and, subject thereto, with any law made by the Regional Assembly regulating the election of a Governor.

(2) Every person who is registered in any Region as a voter shall, unless he is disqualified by any law made by the Regional Assembly from voting in gubernatorial elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence, by the court trying en election petition, be entitled so to vote in that Region in accordance with the provisions of any law in that behalf by the Regional Assembly; and no other person may so vote.

(3) A gubernatorial election shall be held on the second Tuesday in August, in the year in which term of office of the incumbent Governor expires.

(4) An election held to fill a vacancy in the office of Governor shall be held on the last Tuesday within sixty days from the date of the vacancy occuring:

Provided that if a vacancy in the office of Governor is established on a date within six months of the date the term of office of the incumbent Governor shall, in accordance with section 106J, expire, the subsequent gubernatorial election shall not be held, and the person so elected to fill the vacancy shall also hold office for the subsequent term.

(5) Where in a gubernatorial election one of the two or more candidates nominated is the only candidate before the expiration of the time for the delivery of nominations, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, or no candidate has been validly nominated before the expiration of the time for the delivery of nominations, the Electoral Commission shall extend the time for nomination.

106D. Election where there is single gubernatorial candidate.

(1) Where only one candidate for Governor is validly nominated, a poll shall be taken for the election of a Governor, in which the votes shall be in favor of that candidate or against him.

(2) The candidate for Governor who recieves a greater number of valid votes cast in his favor in the gubernatorial election than votes cast against him shall be declared to be elected as Governor.

106E. Election where there are multiple gubernatorial candidates.

(1) Where more than one candidate for Governor is validly nominated, a poll shall be taken for the election of a Governor.

(2) The candidate for Governor who receives a minimum of fifty per cent of the valid votes cast in the gubernatorial election shall be declared to be elected as Governor.

(3) A fresh election of a Governor shall be commenced and held on the last Tuesday within fourteen days from the previous election in the manner prescribed by subsection (4) where no candidate is duly elected in accordance with this section.

(4) Where a fresh election is held pursuant to subsection (3) of this section, the only candidates shall be:

(a) the candidate who received the highest number of votes cast at the previous election, and;

(b) the candidate, or candidates, who received the second-highest number of votes cast at the previous election:

Provided that, if more than one candidate for Governor received the highest number of votes cast at the previous election, the only candidates shall be the candidates who received the highest number of votes cast at that election.

106F. Lieutenant-Governors of Regions.

(1) There shall be for each Region a Lieutenant-Governor, who shall be the principal assistant of the Governor in the discharge of his functions.

(2) Each candidate in a gubernatorial election shall nominate a person who is qualified for nomination for election as Governor as a candidate for Lieutenant-Governor.

(3) A candidate for Lieutenant-Governor shall be deemed to have been duly elected as Lieutenant-Governor if the candidate for Governor who nominated him as candidate for Lieutenant-Governor is duly elected as Governor in accordance with the provisions aforesaid.

(4) The Lieutenant-Governor shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath of office as may be prescribed by a law made by the Regional Assembly.

(5) During his tenure of office, the Lieutenant-Governor shall not hold any office of profit other than those of Lieutenant-Governor and Executive Secretary.

(6) If the office of Lieutenant-Governor becomes vacant by reason of the death or resignation of the Lieutenant-Governor, or by virtue of subsection (7) of this section, the Governor shall nominate and, with the approval of the Regional Assembly, appoint a new Lieutenant-Governor.

(7) The office of the Lieutenant-Governor shall become vacant—

(a) if the Governor, acting with the approval of the Regional Assembly, so directs; or

(b) if the Lieutenant-Governor assumes office as Governor by virtue of subsection (1) of section 106G;

(c) if the Lieutenant-Governor ceases to hold office by virtue of section 106K, section 106M or section 106N;

(d) upon the election of a person to the office of Governor.

106G. Vacancy in office of Governor.

(1) If the office of Governor becomes vacant by reason of the death of the Governor, or by reason of his ceasing to hold office by virtue of section 106M of this Constitution, the Lieutenant-Governor shall assume the office of Governor for the unexpired term of office.

(2) If the office of Governor becomes vacant by reason of the resignation of the Governor, or by reason of his ceasing to hold office by virtue of section 106K or section 106N of this Constitution, or, if there is no Lieutenant-Governor, by virtue of subsection (1) of this section, an election of a Governor shall be held within the period of ninety days immediately following the occurrence of that vacancy, and the person so elected in that Election shall serve, subject to the proviso to subsection (3) of section 106A of this Constitution, for the unexpired term of office.

(3) While the office of Governor is vacant by virtue of subsection (2) of this section, the functions of that office shall be exercised by the first of the following persons who is present and able to act:

(a) the Lieutenant-Governor;

(b) the Chairman of the Regional Assembly;

(c) such other officer or officers as may be designated by a law made by the Regional Assembly;

(e) such other person as the Executive Council may appoint for the purpose.

(4) Where the Lieutenant-Governor or any other person is exercising the functions of the office of Governor by virtue of this section or of section 106L, he shall not act, except in accordance with a resolution of the Executive Council, in the exercise of the powers relating to:

(a) the appointment and removal from office of the Executive Secretaries under section 106S of this Constitution;

(b) the assignment of responsibility to any Executive Secretary under section 106T of this Constitution;

(c) the giving of consent to the Lieutenant-Governor or an Executive Secretary absenting himself from Kenya under section 106W of this Constitution.

106H. Assumption of office of Governor.

A person elected as Governor in accordance with this Constitution shall assume office as Governor as soon as he is declared to be elected.

106I. Oath of Governor.

(1) A person assuming the office of Governor shall, before entering upon the office, take and subscribe the oath of allegiance and the oath of office prescribed in subsection (2) of this section, and the said oaths shall be tendered by and subscribed before the Chairman of the Regional Assembly concerned.

(2) The oath of office for a Governor shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will faithfully and diligently discharge my duties and perform my functions in the office of Governor of the ........................ Region, that I will devote myself to the service and welfare of the people of the Region, and that I will do right to all manner of people, according to the laws and customs of the Region and of the Republic of Kenya, without fear or favour, affection or ill will. So help me God.

106J. Term of office of Governor.

(1) The Governor shall hold office for a term of six years beginning from the date on which he is sworn in as Governor.

(2) A Lieutenant-Governor who assumed office as Governor by virtue of subsection (1) of section 106G or person who was elected as Governor by virtue of subsection (3) of that section shall be deemed, for the purposes of subsection (3) of this section—

(a) to have served a full term as Governor if, at the date on which he assumed office, at least three have remained before the date of the next regularly scheduled gubernatorial election; or

(b) not to have served a term of office as Governor in any other case.

(3) A person holding office as Governor shall not be eligible for immediate re-election.

(4) The Governor shall, unless his office becomes vacant by reason of his death, his resignation or his ceasing to hold office by virtue of section 106K, section 106M or section 106N, continue in office until the person elected as Governor at a subsequent gubernatorial election assumes office.

(5) The holding of the office of Governor shall be incompatible with the holding of any office of profit or of an office in any professional or labour organization and with any professional activity or any other public employment.

106K. Determination of questions as to validity of gubernatorial elections, etc.

(1) Subject to this section, section 101 shall apply to the hearing and determination of a question whether a person has been validly elected as Governor, as it applies to the hearing and determination of a question whether a person has been validly elected as a member of the Regional Assembly.

(2) Where a person applies to the Supreme Court for the determination of more than one of the following questions, namely, whether the Governor was qualified to be nominated for election as Governor, or was validly elected as Governor, he shall make one application only to the Supreme Court.

(3) Where the Supreme Court determines under section 101 that the Governor has not been validly elected as Governor, he shall cease to hold office as Governor.

106L. Exercise of Governor’s functions during absence, illness, etc.

Where the Governor intends to be absent from Kenya, or where he considers it desirable by reason of illness or any other cause to do so, he may in writing appoint the Lieutenant-Governor to exercise, subject to subsection (4) of section 106G and subject to such restrictions or exceptions as he may specify, the functions of his office.

106M. Removal of Governor or Lieutenant-Governor on grounds of incapacity.

(1) Any question whether the Governor or Lieutenant-Governor, or any other person exercising or about to exercise the functions of the office of Governor, is unable by reason of physical or mental infirmity to exercise the functions of that office, shall be determined in accordance with this section.

(2) Where the question is whether a person has become unable by reason of physical or mental infirmity to exercise the functions of the office of Governor or Lieutenant-Governor, and the Chief Justice is requested by resolution of the Executive Council conveyed to him by the Chairman of the Regional Assembly to cause that question to be determined, then—

(a) the Chief Justice shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who are qualified as medical practitioners under the law of Kenya, and who shall include any person nominated for appointment in accordance with subsection (5); and

(b) the tribunal shall inquire into the matter and make a report to the Chief Justice, stating the opinion of the tribunal whether or not the person in respect of whom the question arises is, by reason of physical or mental infirmity, unable to discharge the functions of the office of Governor or Lieutenant-Governor; and

(c) the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the Chairman of the Regional Assembly;

Provided that the Chief Justice shall cause the question to be determined without a resolution of the Executive Council if he receives a certificate under the hand of the Chairman of the Regional Assembly to the effect that there are no Executive Secretaries for that Region present in Kenya, other than a person with respect to whom the question arises, and that the Chairman of the Regional Assembly considers that it is in the interests of the Region that the question should be determined without delay.

(3) Where the question is whether any person in respect of whom the Chief Justice has given a certificate in accordance with subsection (2) that he is unable to exercise the functions of the office of Governor or Lieutenant-Governor, has ceased to be unable by reason of physical or mental infirmity to exercise those functions, and the Chief Justice is requested, by resolution of the Executive Council conveyed to him by the Chairman of the Regional Assembly, or by request under the hand of the person in respect of whom such certificate was given conveyed to him by the Chairman of the Regional Assembly, to cause that question to be determined, then the Chief Justice shall appoint a tribunal in accordance with subsection (2) (a), and that tribunal shall inquire into the matter and report in accordance with paragraph (b) of that subsection, and the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the Chairman of the Regional Assembly.

(4) Where the Chairman of the Regional Assembly havs received a certificate of the Chief Justice pursuant to this section that the Governor or Lieutenant-Governor is unable to discharge the functions of his office, and within the succeeding period of three months the Chairman of the Regional Assembly has not received any certificate of the Chief Justice pursuant to this section that the Governor or Lieutenant-Governor has ceased to be unable to discharge the functions of his office, the Governor or Lieutenant-Governor shall cease to hold office upon the expiration of the said period.

(5) Where the Chairman of the Regional Assembly conveys a resolution of the Executive Council to the Chief Justice under subsection (2) or (3), he shall forthwith notify the person in respect of whom the question arises, and that person may, by writing delivered to the Chairman of the Regional Assembly within two days of his being so notified, nominate for appointment as members of the tribunal to be appointed by the Chief Justice under this section not more than two persons qualified to be so appointed.

(7) A certificate of the Chief Justice under this section shall be conclusive for the purposes of this Constitution, and shall not be questioned in any court.

(8) At any time when the office of Chairman of the Regional Assembly is vacant or the holder of that office is unable for any reason to exercise the functions vested in them by this section, those functions may be exercised by the Vice Chairman of the Regional Assembly, and in the absence of the Chairman and Vice Chairman of the Regional Assembly, each of the other Deputy Chairmen of the Regional Assembly, successively and in accordance with the order in which they take precedence among themselves.

106N. Removal of Governor or Lieutenant-Governor by Impeachment.

(1) The Governor or Lieutenant-Governor, or any other person exercising or about to exercise the functions of the office of Governor, may be removed from office by Impeachment in accordance with this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the Regional Assembly—

(a) is presented to the Chairman of the Regional Assembly;

(b) stating that the holder of the office of Governor or Lieutenant-Governor is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

the Chairman of the Regional Assembly shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the Regional Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Regional Assembly.

(3) Within fourteen days of the presentation of the notice to the Chairman of the Regional Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) the Regional Assembly shall decide whether or not the allegation shall be investigated by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of that Assembly without any debate.

(4) Within seven days of the passing of a motion under the foregoing provisions, the Chairman of the Regional Assembly shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(5) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the tribunal by legal practitioners of his own choice.

(6) A tribunal appointed under this section shall -

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the Regional Assembly; and

(b) within three months of its appointment report its findings to the Regional Assembly.

(7) Where the tribunal reports to the Regional Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(8) Where the report of the tribunal is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the Assembly the Regional Assembly shall consider the report, and if by a resolution of the Regional Assembly supported by not less than two-thirds majority of all its members, the report of the tribunal is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(9) No proceedings or determination of the tribunal or of the Regional Assembly or any matter relating thereto shall be entertained or questioned in any court.

(10) In this section "gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the Regional Assembly to gross misconduct.

(11) At any time when the office of Chairman of the Regional Assembly is vacant or the holder of that office is unable for any reason to exercise the functions vested in them by this section, those functions may be exercised by the Vice Chairman of the Regional Assembly, and in the absence of the Chairman and Vice Chairman of the Regional Assembly, each of the other Deputy Chairmen of the Regional Assembly, successively and in accordance with the order in which they take precedence among themselves.

106O. Salary and allowances of Governor.

(1) The Governor shall receive such salary, allowance and benefits as may be determined by a resolution of the Regional Assembly.

(2) Where the Governor ceases to hold office, he shall be entitled to receive a pension, gratuity and other allowances together with such other benefits and facilities, including adequate security, office, staff and travel allowances, as may be prescribed by or under a law made by the Regional Assembly.

(3) The salary and allowances payable to the Governor and any pension or gratuity payable to him on retirement shall be a charge upon the Consolidated Fund.

(4) The salary, allowances and privileges of the Governor shall not be varied to his disadvantage while he holds office.

(5) The pension and allowances payable to the Governor who has ceased to hold office and the facilities and other benefits available to him shall not be varied to his disadvantage during his lifetime.

106P. Executive Councils of Regions.

(1) There shall be for each Region an Executive Council, consisting of the Governor, the Lieutenant-Governor and the other Executive Secretaries.

(2) The function of the Executive Council shall be to advise the Governor in the government of the Region (including advising the Governor with respect to the policy of the Government) and to advise the Governor with respect to such other matters as may be referred to it by the Governor.

(3) The Executive Council shall be collectively responsible to the Regional Assembly for any advice given to the Governor by or under the general authority of the Executive Council and for all things done by or under the authority of any Executive Secretary in the execution of his office.

(4) The Governor shall, so far as practicable and subject to the provisions of this Constitution, consult the Executive Council on matters of policy and the exercise of his functions.

(5) The provisions of subsections (2), (3) and (4) of this section shall not apply in relation to:

(a) the appointment and removal from office of the Executive Secretaries under section 106S of this Constitution;

(b) the assignment of responsibility to any Executive Secretary under section 106T of this Constitution;

(c) the giving of consent to the Lieutenant-Governor or an Executive Secretary absenting himself from Kenya under section 106W of this Constitution.

106Q. Summoning of and procedure in Executive Councils.

(1) The Governor may summon a meeting of the Executive Council whenever he thinks fit and may summon any public officer on the establishment of the Region to a meeting of the Executive Council whenever in his opinion the business before the Cabinet renders the presence of the officer desirable.

(2) There shall preside at any meeting of the Cabinet:

(a) the Governor; or

(b) in the absence of the Governor, the Lieutenant-Governor; or

(b1) in the absence of the Governor and the Lieutenant-Governor, such Executive Secretary as the Executive Council may elect for that purpose.

(3) Save as otherwise provided in this Constitution, any question proposed for decision in the Executive Council shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Executive Council, the person presiding shall have both an original vote and a casting vote.

(4) The quorum of the Executive Council shall be the majority of members thereof.

106R. Agendas of meetings of Executive Councils.

The agenda of any meeting of the Executive Council shall be prepared by the Governor and shall be communicated to all persons concerned prior to such meeting:

Provided that:

(a) the Lieutenant-Governor or any three Executive Secretaries may propose to the Govrnor any subject for inclusion in the agenda of any meeting of the Executive Council; and

(b) the Governor shall include such subject in the agenda if it can conveniently be dealt with at such meeting, and otherwise included it in the agenda of the meeting next following.

106S. Executive Secretaries of Regions.

(1) There shall be for each Region such offices of Executive Secretary of the Region as may be established by a law made by the Regional Assembly or, subject to the provisions of any law made by the Regional Assembly, by the Governor.

(2) The Governor shall nominate and, with the approval of the Regional Assembly, appoint the Executive Secretaries from among persons who are qualified to be elected as members of the Regional Assembly.

(3) The office of a Executive Secretary shall become vacant if the Governor, acting with the approval of the Regional Assembly, so directs.

(4) Whenever a person is elected to the office of Governor, the offices of all Executive Secretaries then holding office shall become vacant upon the occasion of the Governor first making one or more appointments to the office of Executive Secretary.

106T. Allocation of portfolios to Executive Secretaries.

The Governor may, by directions in writing, assign to any Executive Secretary responsibility for any business of the government of the Region, including the administration of any department of the administration of the Region.

106U. Exercise of Governor's functions.

(1) In the exercise of his functions the Governor shall act in his own discretion and shall not be obliged to follow advice tendered by any other person.

(2) Where the Governor is required by this Constitution to act in accordance with the advice of any person or authority, the question whether he has received, or acted in accordance with, such advice in any case shall not be inquired into in any court.

106V. Annual Address to Regional Assembly

(1) The Governor shall deliver annually on the second Tuesday in November in an address to the members of the Regional Assembly indicating the policies proposed to be followed by the Region during the forthcoming year and the manner and results of the application of the policies of the Region during the preceding year and otherwise setting forth the state of the Region.

(2) If circumstances render it impracticable for the Governor himself to deliver any such address, he may instead send a message to the Regional Assembly embodying the address.

(3) In addition to delivering any address or sending any message under the preceding provisions of this Article, the Governor may at any time deliver an address to the members of the Regional Assembly or send a message to the Regional Assembly.

(4) Every message sent by the Governor to the Regional Assembly shall be read to the members of the Regional Assembly by the Chairman of the Regional Assembly.

106W. Absence of Executive Secretaries from Kenya.

The Lieutenant-Governor or an Executive Secretary shall not absent himself from Kenya except with the prior consent of the Governor.

106X. Oaths to be taken by Executive Secretaries.

An Executive Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance set in Schedule 4 of this Constitution and such oath for the due execution of his office as may be prescribed by a law made by the Regional Assembly.

106Y. Permanent Under-Secretaries to the Offices of Governor and Lieutenant-Governor.

There shall be for each Region a Permanent Under-Secretary to the Governor's Office and a Permanent Under-Secretary to the Lieutenant-Governor's Office whose offices shall be offices in the public service.

106Z. Permanent Under-Secretaries.

Where any Executive Secretary has been charged with responsibility for any department of the adiminstration of the Region, he shall exercise general direction and control over that department and, subject to such direction and control, every department of the administration of the Region shall be under the supervision of a permanent under-secretary whose office shall be an office in the public service:

Provided that two or more departments of the administration of the Region may be placed under the supervision of one permanent under-secretary and one department of the administration of the Region may be placed under the supervision of two or more permanent under-secretaries.

106AA. Civil Secretaries of Regions.

(1) There shall be for each Region a Civil Secretary whose office shall be an office in the public service.

(2) The Civil Secretary, who shall have charge of the Executive Council Office of the Region, shall be responsible, in accordance with such instructions as may be given to him by the Governor, for arranging the business for, and keeping the minutes of, the Executive Council and for conveying the decisions of the Executive Council to the appropriate person or authority and shall have such other functions as the Governor may direct.

106AB. Constitution of regional offices.

Subject to the provisions of this Constitution and of any other law, a Governor may constitute offices for the Region, make appointments to any such office and terminate any such appointment.

106AC. Confirmation hearings, etc., for certain appointments by the Governor.

(1) Where a Governor proposes to make an appointment to any of the offices to which this section applies:

(a) the Governor shall notify the Regional Assembly, in such manner as may be prescribed by a law made by that Regional Assembly, of the person or persons whom he proposes to appoint to the office;

(b) the Assembly shall hold a confirmation hearing at which every person proposed for appointment shall answer questions relating to the proposed appointment and may request any such person (whether at a confirmation hearing or otherwise) to produce documents which are in his possession or under his control and which relate to the proposed appointment;

(c) the Assembly shall make a written report of the confirmation hearing of each person proposed for appointment, and such a report, together with any documents produced by any such person and a recommendation to the Governor as to whether or not that person should be appointed, shall be laid before the Governor if the Assembly so resolves by the votes of a majority of all the members thereof; and

(d) the Governor shall not appoint any person to any of the offices to which this section applies until the Assembly's recommendation as to whether or not that person should be appointed is laid before him:

Provided that:

(a) whenever any office to which this section applies becomes vacant when Parliament is prorogued, the confirmation hearings of the person or persons whom the Governor proposes to appoint to the office shall be held as soon as may be after the first sitting of the Regional Assembly after Parliament has at any time been prorogued or after a retirement of Senators, but the Governor may provisionally appoint a person to that office;

(b) any person so provisionally appointed shall continue in office until the confirmation hearings of the person or persons whom the Governor proposes to appoint to the office shall be held; and

(c) no person who has been provisionally appointed or appointed to act in any office to which this section applies shall be appointed to that office unless the Regional Assembly recommends that that person should be so appointed.

(3) The offices to which this section applies are:

(e) the office of member of the Electoral Commission appointed under section 48(1)(d) of this constitution;

(j) any office constituted under section 106AB of this constitution, unless:

(i) such an office is an office on the personal staff of the Governor; or

(ii) Parliament provides that this section does not apply to that office.

Part 5 — Procedure of Regional Assemblies.

107. Oaths.

(1) Every member of a Regional Assembly shall, before taking his seat therein, take and subscribe the oath of allegiance set in Schedule 4 before the Regional Assembly, but a member may take part in the election of the Chairman and Deputy Chairmen before taking and subscribing that oath.

(2) Any person elected as Chairman or Deputy Chairman of the Regional Assembly who is not a member of the Regional Assembly shall, before entering upon the duties of his office, take and subscribe the oath of allegiance set in Schedule 4 before the Regional Assembly.

108. Presiding in Regional Assemblies.

There shall preside at any sitting of a Regional Assembly:

(a) the Chairman of the Regional Assembly; or

(b) in the absence of the Chairman of the Regional Assembly, the Vice-Chairman of the Regional Assembly; or

(b1) in the absence of the Chairman and the Vice-Chairman of the Regional Assembly, each of the Deputy Chairmen of the Regional Assembly, successively and in accordance with the order in which they take precedence among themselves; or

(c) in the absence of the Chairman and the Deputy Chairmen of the Regional Assembly, such member of the Regional Assembly as the Regional Assembly may elect for that purpose.

109. Quorum in Regional Assemblies.

If objection is taken by any member of a Regional Assembly who is present that there are present in that Regional Assembly (besides the person presiding) fewer than one quarter of all the members of the Regional Assembly and, after such interval as may be prescribed in the rules of procedure of the Regional Assembly, the person presiding ascertains that the number of members present is still less than one quarter of all the members of the Regional Assembly, he shall thereupon adjourn the Regional Assembly.

110. Voting in Regional Assemblies.

(1) Save as otherwise provided in this Constitution, any question proposed for decision in a Regional Assembly shall be determined by a majority of the votes of the members present and voting.

(2) The person presiding in the Regional Assembly shall, if he is a member thereof, have an original vote but he shall have no casting vote, and whenever there is an equality of votes upon any question, the motion before the Regional Assembly shall be deemed to have been withdrawn.

(3) The rules of procedure of a Regional Assembly may make provision under which a member who votes upon a question in which he has a direct pecuniary interest shall be deemed not to have voted.

111. Unqualified persons sitting or voting in Regional Assemblies.

(1) Any person who sits or votes in a Regional Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding 500 shillings, or such other sum as may be prescribed by a law made by the Regional Assembly, for each day on which he so sits and votes, which penalty shall be recoverable by action in the Supreme Court at the suit of the Clerk to the Regional Assembly.

(2) In the exercise of the functions vested in him by subsection (1) of this section, the Clerk to a Regional Assembly shall not be subject to the direction or control of any other person or authority.

112. Regulation of procedure in Regional Assemblies, etc.

(1) Subject to the provisions of this Chapter, a Regional Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its proceedings.

(1A) Without prejudice to the generality of subsection (1) of this section, a Regional Assembly may establish committees in such manner and for such general or special purposes as it thinks fit and may regulate the procedure of any such committee.

(2) A Regional Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Regional Assembly first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the Regional Assembly shall not invalidate those proceedings.

(3) Without prejudice to the power conferred by subsection (1) of this section, a law made by a Regional Assembly may, for the purpose of the orderly and effective discharge of the business of the Regional Assembly, make provision for the powers, privileges and immunities of the Regional Assembly and the committees and the members thereof (including any person who is Chairman or Deputy Chairman of the Regional Assembly, having been elected from among persons who were not members thereof):

Provided that no such powers, privileges or immunities shall exceed those of the House of Representatives or, as the case may be, of the committees or of the members thereof.

Part 6 — Miscellaneous

113. Abrogative Referendum for regional laws

(1) Any number of persons registered as voters in any Region, being not less than twenty thousand, may demand, in such manner as may be prescribed by or under a law made by the Regional Assembly of that Region, that the question whether a law made by that Regional Assembly to which this section applies, or any provision thereof, shall not continue in force, shall be put to a referendum.

(2) This Section shall not apply to any fiscal legislation.

113A. Popular Initiative of national laws

(1) Laws may be proposed to the Regional Assembly of any Region by a popular initiative supported, in such manner as may be prescribed by or under a law made by the Regional Assembly, by not less than twenty thousand persons registered as voters in that Region, and presented to the Electoral Commission.

(2) Any popular initiative proposed under subsection (1) may be either in the form of a general suggestion or of a formulated draft Bill and shall be submitted by the Electoral Commission to the Popular Initiatives Committee of the Regional Assembly.

(3) Where a popular initiative is in the form:

(a) of a general suggestion, it shall be formulated as a draft Bill by the Popular Initiatives Committee of the Regional Assembly and be introduced in the Assembly by the Committee without delay.

(b) of a draft Bill, it shall be introduced in the Regional Assembly by the Popular Initiatives Committee without delay.

(4) When a Bill introduced by the Popular Initiatives Committee of a Regional Assembly under subsection (3) of this section fails to be passed by the Assembly, it shall be submitted to a referendum in which all persons who are registered as voters in the Region shall be entitled to vote.

(5) Where a Bill submitted to a referendum under subsection (4) of this section:

(a) is supported by a simple majority of all the votes validly cast at that referendum, it shall become law and the Chairman of the Regional Assembly shall thereupon transmit it for publication in the Kenya Gazette; or

(b) is not supported by a simple majority of all the votes validly cast at that referendum, no popular initiative which, in the Electoral Commission's opinion, is reasonably similar to that Bill, may be submitted by the Electoral Commission to the Popular Initiatives Committee of the Regional Assembly for the following nine months.

(6) No popular initiative proposing:

(a) fiscal legislation; and

(b) laws with respect to any matter with respect to which the Regional Assembly concerned has no power for the time being to make laws,

may be submitted by the Electoral Commission to the Popular Initiatives Committee of a Regional Assembly.

114. Meetings of Regional Assemblies.

(1) Every Regional Assembly shall meet at least once in every quarter of a calendar year.

(2) The Chairman of a Regional Assembly may summon a meeting of the Regional Assembly at any time.

(3) Subject to the provisions of subsections (1) and (2) of this section, the meetings of Regional Assembly shall be held at such time and at such place within the Region as the Regional Assembly may, by its rules of procedure or otherwise, determine.

115. Dissolution of Regional Assemblies.

Each Regional Assembly shall stand dissolved at the expiration of three years beginning with the date upon which the immediately preceding Regional Assembly stood dissolved.

CHAPTER VIA — GOVERNMENT ACCOUNTABILITY

116. Controller and Auditor-General.

(1) There shall be a Controller and Auditor-General whose office shall be an office in the public service.

(2) The Controller and Auditor-General shall be elected by an Electoral College from among persons who are qualified to be elected as members of either House of the National Assembly in accordance with the provisions of this Constitution and, subject thereto, with the provisions of any Act of Parliament regulating the election of a Controller and Auditor-General.

(3) The Electoral College shall consist of:

(c) the Chief Justice, who shall be Chairman;

(b) the members of both Houses of the National Assembly; and

(c) the members of each Regional Assembly.

117. Election of Controller and Auditor-General

(1) An election of a Controller and Auditor-General shall be held whenever:

(a) the term of office of the incumbent Controller and Auditor-General expires; or

(b) the Controller and Auditor-General dies; or

(c) the Controller and Auditor-General resigns his office; or

(d) it is determined in accordance with the provisions of this Constitution that the election of the Controller and Auditor-General was invalid; or

(e) the Controller and Auditor-General ceases to hold office by virtue of section 117C or section 117D.

(2) Where occasion for an election of a Controller and Auditor-General arises, the Chief Justice shall, as soon as it is practicable to do so, summon an election meeting of the Electoral College for the election of a Controller and Auditor-General, and that meeting shall be held in accordance with the provisions of subsection (3) of this section, and shall be held notwithstanding that any vacancy exists among the Members of the Electoral College.

(3) At an election meeting held by the Electoral College for the election of a Controller and Auditor-General—

(a) the election shall be by secret ballot;

(b) the Chief Justice shall preside at the meeting and shall conduct the election;

(c) the Chief Justice shall have a casting vote but shall have no original vote and every other member of the Electoral College shall have an original vote but shall have no casting vote;

(d) a candidate for Controller and Auditor-General shall be qualified for election as Controller and Auditor-General in any ballot if, and shall not be so qualified unless he is nominated with his consent, not less than 30 days and not more than 90 days before the ballot is taken, by not less than 20 members of the Electoral College (other than the Chief Justice);

(e) a candidate in a ballot who receives the votes of at least one-half of the total number of persons entitled to vote thereat shall be declared elected as Controller and Auditor-General;

(f) if in the first ballot no candidate receives the votes of at least one-half of the total number of persons entitled to vote thereat, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot;

(g) whenever there is an equality of votes, the Chief Justice shall exercise his casting vote;

(h) where there is no nomination for the first ballot, the Chief Justice shall extend the time for nomination.

(4) No other business than the election of a Controller and Auditor-General shall be transacted at an election meeting held by the Electoral College.

(5) Any question whether any person who has been declared elected as Controller and Auditor-General has been validly elected Controller and Auditor-General at election meeting held by the Electoral College for the election of a Controller and Auditor-General in accordance with the provisions of subsection (3) of this section shall be determined by the Supreme Court, and no determination of any such question by the Supreme Court shall be subject to appeal.

(6) Notwithstanding the provisions of subsection (2) of this section, at any time when the office of Chief Justice is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this section, those functions may be exercised by the Deputy Chief Justice.

117A. Assumption and Tenure of office of Controller and Auditor-General

(1) A person elected as Controller and Auditor-General in accordance with this Constitution shall assume office as Controller and Auditor-General as soon as he is declared to be elected.

(2) A person assuming the office of Controller and Auditor-General shall, before entering upon the office, take and subscribe the oath of allegiance set in Schedule 11 of this Constitution and the oath of office prescribed in subsection (3) of this section, and the said oaths shall be tendered by and subscribed before the Chief Justice.

(3) The oath of office for the Controller and Auditor-General shall be of the following form, that is to say:

I, ........................ , do swear in the name of God that I will faithfully and diligently discharge my duties and perform my functions in the office of Controller and Auditor-General of the Republic of Kenya, and that I will do right to all manner of people, and conduct all audits and investigations, according to the laws and customs of the Republic, without fear or favour, affection or ill will. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

(4) The Controller and Auditor-General shall hold office for a term of seven years beginning from the date on which he is sworn in as Controller and Auditor-General.

(5) A person holding office as Controller and Auditor-General shall not be eligible for immediate re-election.

(6) The Controller and Auditor-General shall, unless his office becomes vacant by reason of his death, his resignation, the invalidity of his election or his ceasing to hold office by virtue of section 117C or section 117D, continue in office until the person elected as Controller and Auditor-General at a subsequent election meeting held by the Electoral College assumes office.

(7) The holding of the office of Controller and Auditor-General shall be incompatible with the holding of any office of profit or of an office in any professional or labour organization and with any professional activity or any other public employment.

117B. Discharge of Controller and Auditor-General's functions during vacancy, etc.

Whenever the office of Controller and Auditor-General is vacant by reason of his death, his resignation, the invalidity of his election or his ceasing to hold office by virtue of section 117C or section 117D, or if the Controller and Auditor-General is for any reason unable to exercise the functions of his office, the President, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Controller and Auditor-General, and any person so appointed shall continue to act until a person has been elected Controller and Auditor-General at an election meeting held by the Electoral College and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

117C. Removal of Controller and Auditor-General on grounds of incapacity.

(1) Any question whether the Controller and Auditor-General, or any other person exercising or about to exercise the functions of the office of Controller and Auditor-General, is unable by reason of physical or mental infirmity to exercise the functions of that office, shall be determined in accordance with this section.

(2) Where the question is whether a person has become unable by reason of physical or mental infirmity to exercise the functions of the office of Controller and Auditor-General, and the Chief Justice is requested by resolution of the Cabinet conveyed to him by the President of the Senate to cause that question to be determined, then—

(a) the Chief Justice shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who are qualified as medical practitioners under the law of Kenya, and who shall include any person nominated for appointment in accordance with subsection (5); and

(b) the tribunal shall inquire into the matter and make a report to the Chief Justice, stating the opinion of the tribunal whether or not the person in respect of whom the question arises is, by reason of physical or mental infirmity, unable to discharge the functions of the office of Controller and Auditor-General; and

(c) the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the President of the Senate and the Speaker of the House of Representatives;

Provided that the Chief Justice shall cause the question to be determined without a resolution of the Cabinet if he receives a certificate under the hands of the President of the Senate and the Speaker of the House of Representatives to the effect that there are no Ministers present in Kenya, other than a person with respect to whom the question arises, and that the President of the Senate or the Speaker of the House of Representatives considers that it is in the interests of Kenya that the question should be determined without delay.

(3) Where the question is whether any person in respect of whom the Chief Justice has given a certificate in accordance with subsection (2) that he is unable to exercise the functions of the office of Controller and Auditor-General, has ceased to be unable by reason of physical or mental infirmity to exercise those functions, and the Chief Justice is requested, by resolution of the Cabinet conveyed to him by the President of the Senate and the Speaker of the House of Representatives, or by request under the hand of the person in respect of whom such certificate was given conveyed to him by the President of the Senate and the Speaker of the House of Representatives, to cause that question to be determined, then the Chief Justice shall appoint a tribunal in accordance with subsection (2) (a), and that tribunal shall inquire into the matter and report in accordance with paragraph (b) of that subsection, and the Chief Justice shall certify accordingly under his hand and cause the certificate to be conveyed to the President of the Senate and the Speaker of the House of Representatives.

(4) Where the President of the Senate and the Speaker of the House of Representatives have received a certificate of the Chief Justice pursuant to this section that the Controller and Auditor-General is unable to discharge the functions of his office, and within the succeeding period of three months the President of the Senate and the Speaker of the House of Representatives have not received any certificate of the Chief Justice pursuant to this section that the Controller and Auditor-General has ceased to be unable to discharge the functions of his office, the Controller and Auditor-General shall cease to hold office upon the expiration of the said period.

(5) Where the President of the Senate and the Speaker of the House of Representatives convey a resolution of the Cabinet to the Chief Justice under subsection (2) or (3), they shall forthwith notify the person in respect of whom the question arises, and that person may, by writing delivered to the President of the Senate and the Speaker of the House of Representatives within two days of his being so notified, nominate for appointment as members of the tribunal to be appointed by the Chief Justice under this section not more than two persons qualified to be so appointed.

(6) A certificate of the Chief Justice under this section shall be conclusive for the purposes of this Constitution, and shall not be questioned in any court.

(7) At any time when the office of President of the Senate is vacant or the holder of that office is unable for any reason to exercise the functions vested in them by this section, those functions may be exercised by:

(a) the Speaker of the House of Representatives; or

(b) in the absence of the Speaker of the House of Representatives, the Vice President of the Senate; or

(c) in the absence of the Vice President of the Senate and the Speaker of the House of Representatives, the Vice Speaker of the House of Representatives; or

(d) in the absence of the Vice President of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the other Deputy President of the Senate; or

(e) in the absence of the Deputy Presidents of the Senate and the Speaker and the Vice Speaker of the House of Representatives, the Deputy Speaker of the House of Representatives who is ranked highest in the order in which the the Deputy Speakers of that House take precedence among themselves.

117D. Removal of Controller and Auditor-General by Impeachment.

(1) The Controller and Auditor-General, or any other person exercising or about to exercise the functions of the office of Controller and Auditor-General, may be removed from office by Impeachment in accordance with this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly—

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of Controller and Auditor-General is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall decide whether or not the allegation shall be investigated by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of that House without any debate.

(4) Within seven days of the passing of a motion under the foregoing provisions, the President of the Senate shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(5) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the tribunal by legal practitioners of his own choice.

(6) A tribunal appointed under this section shall -

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

(7) Where the tribunal reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(8) Where the report of the tribunal is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the tribunal is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(9) No proceedings or determination of the tribunal or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

(10) In this section "gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

(11) At any time when the office of President of the Senate is vacant or the holder of that office is unable for any reason to exercise the functions vested in him by this section, those functions may be exercised by the Vice President of the Senate, and in the absence of the President and Vice President of the Senate, the other Deputy President of the Senate.

117E. Salary and Allowances of Controller and Auditor-General

(1) The Controller and Auditor-General shall receive such salary, allowance and benefits as may be determined by a resolution of the National Assembly.

(2) Where the Controller and Auditor-General ceases to hold office, he shall be entitled to receive a pension, gratuity and other allowances together with such other benefits and facilities, including adequate security, office, staff and travel allowances, as may be prescribed by or under an Act of Parliament.

(3) The salary and allowances payable to the Controller and Auditor-General and any pension or gratuity payable to him on retirement shall be a charge upon the Consolidated Fund.

(4) The salary, allowances and privileges of the Controller and Auditor-General shall not be varied to his disadvantage while he holds office.

(5) The pension and allowances payable to the Controller and Auditor-General who has ceased to hold office and the facilities and other benefits available to him shall not be varied to his disadvantage during his lifetime.

117F. Functions of Controller and Auditor-General in relation to Accountability of Government of Kenya

(1) It shall be the duty of the Controller and Auditor-General at least once in every year to audit and report on the efficiency, propriety and lawfulness of all actions or conducts of the Government of Kenya, the integrity and proper discharge of duties of all officers of that Government and the proper management of all authorities of that Government.

(2) The Controller and Auditor-General and any officer authorized by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the matters referred to in subsection (1) of this section.

(3) The Controller and Auditor-General shall submit every report made by him in pursuance of subsection (1) of this section to the Government Accountability committee of the National Assembly which shall, not later than seven days after each House of the National Assembly first meets after the committee has received the report, lay it before that House.

(4) The Controller and Auditor-General shall exercise such other functions in relation to the proper management of other authorities or bodies established by law for public purposes (not being authorities or bodies established by a law made by a Regional Assembly), the integrity and proper discharge of duties of all officers of those authorities or bodies and the efficiency and lawfulness of all actions of those authorities or bodies as may be prescribed by or under an Act of Parliament.

(5) In the exercise of his functions under subsections (1), (2) and (3) of this section, the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority.

117G. Functions of Controller and Auditor-General in relation to Accountability of Governments of Regions

(1) The efficiency, propriety and lawfulness of all actions or conducts of the Region, the integrity and proper discharge of duties of all officers of the Region and the proper management of all authorities of the Region (other than local government authorities) shall, at least once in every year, be audited and reported on by the Controller and Auditor-General or by such other auditor as may be approved in that behalf by the Controller and Auditor-General, and for that purpose the auditor and any person authorized by him in that behalf shall have access to all books, records, returns, reports and other documents which in his opinion relate to those matters.

(2) The auditor shall submit his report to the Government Accountability committee of the Regional Assembly which shall, not later than seven days after the Regional Assembly first meets after the Committee receives the report, lay it before the Regional Assembly.

(3) A law made by a Regional Assembly may include provision conferring other functions on the Controller and Auditor-General in relation to the proper management of all actions of other authorities or bodies established for public purposes by a law made by a Regional Assembly, the integrity and proper discharge of duties of all officers of those authorities or bodies and the efficiency and lawfulness of all actions of those authorities or bodies:

Provided that no such provision shall have effect except with the Government Accountability committee of the National Assembly.

(4) In the exercise of his functions under subsections (1) and (2) of this section, the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority, and any other auditor approved by the Controller and Auditor-General for the purposes of subsection (1) of this section shall, in the exercise of his functions under that subsections or under subsection (3) of this section, be subject to the direction and control only of the Controller and Auditor-General.

117H. Functions of Controller and Auditor-General in relation to Complaints by Public

(1) It shall be the duty of the Controller and Auditor-General to investigate, report on and address complaints made by the public on arbitrary acts committed by public officers which are prejudicial to the rights of any other person and are unlawful or contrary to any government policy.

(2) The Controller and Auditor-General and any officer authorized by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the matters referred to in subsection (1) of this section.

(3) The Controller and Auditor-General shall submit every report made by him in pursuance of subsection (1) of this section to the Government Accountability committee of the National Assembly which shall, not later than seven days after each House of the National Assembly first meets after the committee has received the report, lay it before that House.

(4) A copy of any report made by the Controller and Auditor-General in pursuance of subsection (1) of this section shall also be submitted by the Controller and Auditor-General to the Government Accountability committee of each Regional Assembly which shall, not later than seven days after the Regional Assembly first meets after the committee has received the report, lay it before the Regional Assembly.

(5) In the exercise of his functions under subsections (1), (2), (3) and (4) of this section, the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority.

CHAPTER VII — SPECIAL PROVISIONS RELATING TO LEGISLATIVE AND EXECUTIVE POWERS OF THE CENTRE AND THE REGIONS

118. Matters dealt with in Schedule 2 of this Constitution.

(1) The provisions of Schedule 2 of this Constitution shall, subject to the provisions of this Chapter, have effect in relation to the respective legislative powers of Parliament and a Regional Assembly and in relation to the respective executive authorities of the Government of Kenya and a Region.

(2) The provisions of this Chapter and of Schedule 2 of this Constitution shall have effect notwithstanding the provisions of sections 66(1), 66(2), 72(3), 102 and 105(2) of this Constitution.

(3) Where any provisions of this Chapter or of the said Schedule 2 vests in a Regional Assembly the power to make laws with respect to any matter to the exclusion of the power of Parliament so to do, section 67, 68, 69 and 70 of this Constitution shall have effect as if that matter were a matter specified in Part I of Schedule 1 of this Constitution; and where any provision of this Chapter or of the said Schedule 2 provides that the executive authority of a Region shall extend to any matter to the exclusion of the executive authority of the Government of Kenya, subsections (4), (6) and (7) of section 72 of this Constitution shall have effect as if that matter were specified in Schedule 2 of this Constitution.

(4) Where any provision of this Chapter or of the said Schedule 2 provides that the executive authority of the Government of Kenya shall extend to any matter to the exclusion of the executive authority of any Region, that provision shall be subject to the provisions of sections 72 and 74 of this Constitution.

119. Co-ordinating and advisory services.

(1) Notwithstanding that any matter is specified in Schedule 1 of this Constitution or is, by virtue of any provision of this Chapter or of Schedule 2 of this Constitution, a matter to which the executive authority of a Region extends to the exclusion of the executive authority of the Government of Kenya, the executive authority of the Government of Kenya shall extend to the organization and provision of services for the purpose of coordinating the activities of the Regions, and advising the Regions, with respect to that matter and Parliament may establish or provide for the establishment of bodies for that purpose.

(2) Where, under subsection (1) of this section, provision is made by or under an Act of Parliament for the establishment of a co-ordinating or advisory body, that body shall contain at least one member representing each Region who shall be appointed by the Governor, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions.

120. General and interpretative provisions.

(1) Any power conferred by any of the provisions of this Constitution upon Parliament or, as the case may be, upon a Regional Assembly to make laws with respect to any matter shall include power to make laws with respect to any other matters that are incidental or supplementary to that matter.

(2) Where under any of the provisions of this Constitution the executive authority of the Government of Kenya or, as the case may be, of a Region extends to any matter, that authority shall also extend to any other matters that are incidental or supplementary to that matter.

(3) Where any provision of the Constitution confers any function on the Government of Kenya or on any officer or authority of that Government or on any court, Parliament may make laws with respect to any matters that are incidental or supplementary to the discharge of that function and the executive authority of the Government of Kenya shall extend to those matters.

(4) Where any provision of this Constitution confers any function on the Regional Assembly of any Region or on any officer or authority of that Region (including, without prejudice to the generality of that expression, a local government authority), that Regional Assembly may make laws with respect to any matters that are incidental or supplementary to the discharge of that injunction and the executive authority of the Region shall extend to those matters.

(5) In this section references to incidental and supplementary matters shall, without prejudice to their generality, be construed as including references to:

(a) offences;

(b) the jurisdiction, powers, practice and procedure of courts of law;

(c) the compulsory acquisition of property; and

(d) the establishment and regulation of tribunals of inquiry.

(6) Any provision of this Constitution that vests in a Region exclusive executive authority with respect to any matter with respect to which Parliament has power to make laws shall be without prejudice to the authority of the Government of Kenya to decide whether or not to introduce legislation with respect to that matter into the National Assembly and to determine the content of any legislation with respect to that matter that it decides so to introduce.

(7) Where Parliament is empowered by any provision of Schedule 2 of this Constitution to make any declarations by law, that declaration may be made by resolutions passed by both Houses of the National Assembly instead of by Act of Parliament.

(8) The inclusion of any matter in Schedule 1 or the inclusion of a provision with respect to any matter in Schedule 2 of this Constitution shall not be construed as conferring on the Regional Assembly of any Region the power to make laws with respect to conditions of employment or as extending the executive authority of the Region to conditions of employment.

CHAPTER VIII—FINANCE

Part 1 — Financial Procedure of Government of Kenya

121. Consolidated Fund.

All revenues or other moneys raised or received for the purposes of the Government of Kenya (not being revenues or other moneys raised or received by a Region or revenues or other moneys that are payable, by or under an Act of Parliament, into some other fund established for any specific purpose or that may, by or under an Act of Parliament, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form a Consolidated Fund.

122. Withdrawals from Consolidated Fund or other funds of Government of Kenya.

(1) No monies shall be withdrawn from the Consolidated Fund except:

(a) to meet expenditure that is charged upon the Fund by this Constitution or by any Act of Parliament; or

(b) where the issue of those monies has been authorized by an Appropriation Act or by a vote on account passed by the House of Representatives under section 124 of this Constitution, and no monies shall be withdrawn from the Consolidated Fund unless such withdrawal has been approved by the Controller and Auditor-General.

(2) Where any monies are charged by this Constitution or by Act of Parliament upon the Consolidated fund or any other public fund of the Government of Kenya, they shall be paid out of that fund by the Government of Kenya to the person or authority to whom payment is due.

(3) No monies shall be withdrawn from any public fund of the Government of Kenya other than the Consolidated Fund unless the issue of those moneys has been authorized by or under any law.

(4) Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Fund or any other fund of the Government of Kenya.

123. Authorization of expenditure from Consolidated Fund by appropriation.

(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the House of Representatives in each financial year estimates of the revenues and expenditure of the Government of Kenya for the next following financial year.

(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this constitution or by any Act of Parliament) have been approved by the House-of Representatives, a bill, to be known as an Appropriation bill, shall be introduced into that House, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.

(3) If in respect of any financial year it is found:

(a) that the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that Act; or

(b) that any monies have been expended for any purpose in excess of the amount appropriated to that purpose by the Appropriation Act or for a purpose to which no amount has been appropriated by that Act, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the House of Representatives and, when the supplementary estimate or statement of excess has been approved by the House, a supplementary Appropriation bill shall be introduced into that House, providing for the issue of such sums from the Consolidated Fund and appropriating them to the purposes specified therein.

124. Authorization of expenditure in advance of appropriation.

If the Appropriation Act for any financial year has not come into operation, or is not likely to come into operation, by the beginning of that financial year, the House of Representatives may, by a vote on account, authorize the withdrawal from the Consolidated Fund of monies (not exceeding in total one-half of the sums included in the estimates of expenditure for that year that have been laid before the House) for the purpose of meeting expenditure necessary to carry on the services of the Government of Kenya during that year until such time as the Appropriation Act comes into operation, but any monies so withdrawn shall be included, under separate votes for the several services in respect of which they were withdrawn, in the Appropriation Act

125. Contingencies Fund.

(1) Parliament may make provision for the establishment of a Contingencies Fund and for authorizing the Minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.

(2) Where any advance is made from the Contingencies Fund, a supplementary estimate shall be presented and a supplementary Appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

126. Remuneration of certain officers.

(1) There shall be paid to the holders of the offices to which this section applies such salary and such allowances as may be prescribed by or under an Act of Parliament.

(2) The salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.

(3) The salary payable to the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment.

(4) When a person’s salary or other- terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted.

(5) This section applies to the offices of Constitutional Justice, judge of the Supreme Court, member of the Public Service Commission, appointed member of the Police Service Commission, appointed member of the Parliamentary Service Commission, appointed member of the Electoral Commission, Attorney General, Chief of Staff of Kenya, Chief of any Branch of the Armed forces of the Republic and Inspector General of Police.

(6) Nothing in this section shall be construed as prejudicing the provisions of section 195 of this Constitution (which protects pension rights in respect of service as a public officer).

127. Public debt of Government of Kenya.

(1) All debt charges for which the Government of Kenya, is liable shall be a charge on the Consolidated Fund.

(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans or the security of the Consolidated Fund and the service and redemption of debt created thereby.

128. Functions of Controller and Auditor-General in relation to Financial Procedure of Government of Kenya.

(1) [Repealed].

(2) It shall be the duty of the Controller and Auditor-General:

(a) to satisfy himself that any proposed withdrawal from the Consolidated Fund is authorised by, or as provided by, section 122 of this Constitution and, if so satisfied, to approve such withdrawal;

(b) to satisfy himself that all monies that have been appropriated by Parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and

(c) at least once in every year to audit and report on the public accounts of the Government of Kenya, the accounts of all officers and authorities of that Government, the accounts of all courts in Kenya (other than courts no part of the expenses of which are defrayed directly out of moneys provided by Parliament), the accounts of the Central Land Board, the accounts of every Commission established by this Constitution and the accounts of the Clerk to each House of the National Assembly.

(3) The Controller and Auditor-General and any officer authorized by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section.

(4) The Controller and Auditor-General shall submit every report made by him in pursuance of subsection (2) of this section to the Minister for the time being responsible for finance who shall, not later than seven days after each House of the National Assembly first meets after he has received the report, lay it before that House.

(5) A copy of any report made by the Controller and Auditor-General in pursuance of subsection (2) of this section and relating to the accounts of any court, the Central Land Board or any Commission established by this Constitution shall also be submitted by the Controller and Auditor-General to the Executive Secretary for the time being responsible for finance of each Region who shall, not later than seven days after the Regional Assembly first meets after he has received the report, lay it before the Regional Assembly.

(6) The Controller and Auditor-General shall exercise such other functions in relation to the accounts of the Government of Kenya or the accounts of other authorities or bodies established by law for public purposes (not being authorities or bodies established by a law made by a Regional Assembly) as may be prescribed by or under an Act of Parliament.

(7) In the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority.

Part 2 — Financial Procedure of Governments of Regions

129. Regional Funds.

There shall be a Regional Fund of each Region and all revenues or other monies raised or received by the Region for the purposes of government (not being revenues or other monies that, by virtue of section 181 of this Constitution or by or under any law made by the Regional Assembly, are payable into some other fund established for a specific purpose of that may, by or under such a law, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into the Regional Fund.

130. Withdrawals from Regional Funds or other public funds of Regions.

(1) No monies shall be withdrawn-from the Regional Fund of a Region except:

(a) to meet expenditure that is charged upon the Regional Fund by any law made by the Regional Assembly; or

(b) where the issue of those monies has been authorized by an Appropriation Enactment made by the Regional Assembly or by law made in pursuance of section 188 of this Constitution and no monies shall be withdrawn from the: Regional Fund of a Region unless such withdrawal has been approved by the Controller and Auditor-General or such other auditor as may be approved in that behalf by the Controller and Auditor-General.

(2) Where any monies are charged by any law made by the Regional Assembly of any Region upon the Regional Fund of the Region or, subject to the provisions of section 181 of this Constitution, on any other public fund of the Region, they shall be paid out of that fund by the Region to the person or authority to whom payment is due.

(3) No monies shall be withdrawn from any public fund of a Region other than the Regional Fund unless the issue of those monies has been authorized by or under any law.

(4) A law made by a Regional Assembly may prescribe the manner in which withdrawals shall be made from the Regional Fund or, subject to the provisions of section 181 of this Constitution, any other public fund of the Region.

131. Receipt and issue of funds made available by Government of Kenya.

(1) Where any monies (other than the sums payable to a Region under Part 3 of this Chapter) are received by that Region from the Government of Kenya, whether by way of grant or loan and whether in aid of recurrent expenditure or otherwise, those moneys shall be paid into a fund or funds separate from the Regional Fund and established for that purpose by a law made by the Regional Assembly.

(2) No monies shall be withdrawn from any fund established for the purpose referred to in subsection (1) of this section save under the authority of, in the manner provided by and for expenditure on the purposes specified in the Appropriation Act under which they were paid to the Region.

132. Authorization of expenditure from Regional Funds by appropriation.

(1) The Executive Secretary for the time being responsible for finance shall cause to be prepared and laid before the Regional Assembly in each financial year estimates of the revenues and expenditure of the Region for the next following financial year.

(2) When the estimates of expenditure (other than expenditure charged upon the Regional Fund by any law made by the Regional Assembly) have been approved by the Regional Assembly, a bill to be known as an Appropriation bill, shall be introduced into the Regional Assembly, providing for the issue from the Regional Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.

(3) If in respect of any financial year it is found:

(a) that the amount appropriated by the Appropriation Enactment to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that Enactment; or

(b) that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the Appropriation Enactment or for a purpose to which no amount has been appropriated by that Enactment, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the Regional Assembly and, when the supplementary estimate or the statement of excess has been approved, a supplementary Appropriation bill shall be introduced into the Regional Assembly, providing for the issue of such sums from the Regional Fund and appropriating then to the purposes specified therein.

(4) The Executive Secretary for the time being responsible for finance shall, in preparing estimates of revenues and expenditure for the purposes of this section and before they are laid before the Regional Assembly, consult with the Minister for the time being responsible for finance.

(5) Without prejudice to the provisions of subsection (4) of this section, where any estimates of the revenues of a Region prepared for the purposes of this section include an estimate of monies (other than the sums payable to the Region under Part 3 of this Chapter) to be received from the Government of Kenya, whether by way of grant or loan and whether in aid of recurrent expenditure or otherwise, those estimates and any estimates of the expenditure (or statements of excess expenditure) of the Region for the same financial year shall not be laid before the Regional Assembly save with the concurrence of the Minister for the time being responsible for finance; and any Appropriation bill providing for the issue from the Regional Fund of the sums necessary to meet any expenditure included in those estimates of expenditure (or statements of excess expenditure) shall not, save with the concurrence of the Minister for the time being responsible for finance, be introduced into the Regional Assembly or assented to by the Governor of the Region under section 103 of this Constitution.

(6) The concurrence of the Minister for the time being responsible for finance given for the purposes of subsection (5) of this section shall be given in writing under his hand addressed to the Governor and the Chairman of the Regional Assembly and shall be published in the Kenya Gazette.

133. Authorization of expenditure in advance of appropriation.

A law made by a Regional Assembly may make provision under which, if it appears to the Executive Secretary for the time being responsible for finance that the Appropriation Enactment in respect of any financial year will not come into operation by the beginning of that financial year, he may authorize the withdrawal of moneys from the Regional Fund for the purpose of meeting expenditure necessary to carry on the services of the Region in respect of the period expiring at the end of four months from the beginning of that financial year or on the coming into operation of the Appropriation Enactment, whichever is the earlier.

134. Regional Contingencies Funds.

(1) A law made by a Regional Assembly may make provision for the establishment of a Regional Contingencies Fund and for authorizing the Executive Secretary for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need. (2) Where any advance is made from the Contingencies Fund, a supplementary estimate shall be presented and an Appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

135. Public debt of Regions.

(1) All debt charges for which a Region is liable shall be a charge on the Regional Fund.

(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connexion with the raising of loans on the security of the Regional Fund and the service and redemption of debt created thereby.

136. Functions of Controller and Auditor-General in relation to Financial Procedure of Governments of Regions

(1) It shall be the duty of the Controller and Auditor-General or such other auditor as may be approved in that behalf by the Controller and Auditor-General to satisfy himself that any proposed withdrawal from the Regional Fund of a Region is authorized by, or as provided by, section 130 of this Constitution and, if so satisfied, to approve, such withdrawal.

(2) The public accounts of each Region and of all officers and authorities of the Region (other than local government authorities), the accounts of all courts within the Region the expenses of which are directly defrayed (either wholly or in part) out of monies provided by the Regional Assembly but no part of the expenses of which are directly defrayed out of monies provided by Parliament and the accounts of the Clerk to the Regional Assembly shall, at least once in every financial year, be audited and reported on by the Controller and Auditor-General or by such other auditor as may be approved in that behalf by the Controller and Auditor-General, and for that purpose the auditor and any person authorized by him in that behalf shall have access to all books, records, returns, reports and other documents which in his opinion relate to those accounts.

(3) The auditor shall submit his report to the Executive Secretary for the time being responsible for finance who shall, not later than seven days after the Regional Assembly first meets after he receives the report, lay it before the Regional Assembly.

(4) A law made by a Regional Assembly may include provision conferring other functions on the Controller and Auditor-General in relation to the accounts of the Region or of any authority or body established for public purposes by a law made by the Regional Assembly:

Provided that no such provision shall have effect except with the consent of the Minister for the time being responsible for finance.

(5) In the exercise of his functions under subsections (1), (2) and (3) of this section, the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority, and any other auditor approved by the Controller and Auditor-General for the purposes of subsection (1) or subsection (2) of this: section shall, in the exercise of his functions under either of those subsections or under subsection (3) of this section, be subject to the direction and control only of the Controller and Auditor-General.

Part 3 — Financial Relations between Centre and Regions

137. Payment to Regions related to taxation of petrol.

(1) Where by or under any Act of Parliament a tax or duty is levied in respect of the importation into Kenya of motor spirit or diesel oil, or of any particular class, variety or description of motor spirit or diesel oil, or an excise tax or duty is levied in Kenya on motor spirit or diesel oil, or on any particular class, variety or description of motor spirit or diesel oil, or a tax or duty is levied on the sale, purchase or consumption in Kenya of motor spirit or diesel oil, or of any particular class, variety or description of motor spirit or diesel oil, there shall be paid by the Government of Kenya to the Regions in respect of each financial year a sum equal to the proceeds of that tax or duty for that financial year.

(2) Where under subsection (1) of this section any sum is payable by the Government of Kenya to the Regions in respect of any financial year, payment of that sum shall be made in such manner that:

(a) an amount equal to the proceeds of the tax or duty (other than the proceeds attributable to the quantities of motor spirit or diesel oil or any particular class, variety or description of motor spirit or diesel oil distributed for consumption in the Nairobi Area) is divided among the Regions in shares proportionate to the respective amounts of motor spirit or diesel oil, or of motor spirit or diesel oil of the particular class, variety or description, as the case may be, that have been distributed for consumption in the several Regions in that financial year; and

(b) an amount equal to the proceeds of the tax or duty attributable to the quantities of motor spirit or diesel oil or of the particular class, variety or description of motor spirit or diesel oil distributed for consumption in the Nairobi Area in that financial year is paid in the following proportions to the following Regions, that is to say:

(i) one fifth to the Eastern Region;

(ii) two fifths to the Central Region;

(iii) one tenth to the Rift Valley Region; and

(iv) of the remaining three tenths, 98 per cent to the Coast Region and the rest to the North-Eastern Region.

(3) For the purposes of this section the proceeds for a financial year of a tax or duty on motor spirit or diesel oil, or any particular class, variety or description of motor spirit or diesel oil, shall be the amount remaining from the receipts of that tax or duty that are collected in that financial year after any drawbacks, refunds or other repayments relating to those receipts have been made or allowed for and the administrative expenses relating to the collection of those receipts have been deducted or allowed for.

138. Payment to Regions related to taxation of other commodities.

(1) Where by or under any Act of Parliament a tax or duty is levied in respect of the importation into Kenya of any commodity other than motor spirit or diesel oil, or an excise tax or duty is levied in Kenya on any commodity other than motor spirit or diesel oil, or a tax or duty is levied on the sale, purchase or consumption in Kenya of any commodity other than motor spirit or diesel oil or agricultural produce produced in Kenya, there shall be paid by the Government of Kenya to the Regions in respect of each financial year a sum equal to thirty-two per cent of the proceeds of that duty for that financial year.

(2) Where under subsection (1) of this section any sum is payable by the Government of Kenya to the Regions in respect of any financial year, payment of that sum shall be made in such manner that the sum is divided among the Regions in shares proportionate to the respective numbers of the inhabitants of each Region.

(3) For the purposes of this section the proceeds for a financial year of a tax or duty shall be the amount remaining from the receipts of that tax or duty that are collected in that financial year after any drawbacks, refunds or other repayments relating to those receipts have been made or allowed for and the administrative expenses relating to those receipts have been deducted or allowed for.

(4) For the purposes of this section the number of the inhabitants of a Region shall be ascertained by reference to the latest census of the population of Kenya held in pursuance of any law.

139. Taxation of motor vehicles and drivers.

Where by or under any Act of Parliament a tax or duty or fee is levied in respect of the licensing of motor vehicles or the drivers of motor vehicles:

(a) the rates of the tax, duty or fee shall be uniform throughout Kenya;

(b) a licence in respect of a vehicle shall be issued only in the Region in which the vehicle is usually kept or, if the vehicle is usually kept in the Nairobi Area, only in that Area, and a licence in respect of a driver shall be issued only in the Region in which the driver usually resides or, if he usually resides in the Nairobi Area, only in that Area, and a licence so issued in respect of a vehicle or of a driver shall be valid throughout Kenya;

(c) licences shall be issued in a Region by such persons or authorities as may be prescribed by or under a law made by the Regional Assembly of that Region; and

(d) the proceeds of any tax, duty or fee relating to a licence issued in a Region shall be revenues of the Region.

140. Mineral royalties and forest royalties.

(1) Where by or under any Act of Parliament any royalty is levied in respect of the extraction in Kenya of minerals (other than soda) or mineral oil or any particular class, variety or description of minerals (other than soda) or mineral oil and the proceeds of that royalty for any financial year exceed £100,000, there shall be paid by the Government of Kenya to the several Regions in respect of that financial year a sum equal to two-thirds of the excess.

(2) Where under subsection (1) of this section any sum is payable by the Government of Kenya to the Regions in respect of any financial year, payment of that sum shall be made in such manner that:

(a) an amount equal to one sixth of the amount of the excess of the proceeds of the royalty over £100,000 is divided equally among the Regions in which the minerals or mineral oils to which the royalty relates were extracted; and

(b) an amount equal to one half of the amount of the excess of the proceeds of the royalty over £100,000 is divided equally among all the Regions.

(3) Where by or under any Act of Parliament any royalty is levied in respect of the extraction of soda from the Lake Magadi soda deposit, there shall be paid by the Government of Kenya to the Rift Valley Region in respect of each financial year a sum equal to the proceeds of that royalty for that financial year.

(4) For the purposes of subsections (1), (2) and (3) of this section the proceeds for a financial year of a royalty shall be the amount remaining from the receipts of that royalty after any refunds or repayments relating to those receipts have been allowed for and the administrative expenses relating to the collection of those receipts have been deducted or allowed for.

(5) Where by or under any Act of Parliament a royalty is imposed in respect of forest produce, then:

(a) if it is imposed in respect of produce extracted from a Central Forest, it shall be levied and collected by the Government of Kenya and the proceeds shall be revenues of that Government;

(b) subject to the provisions of paragraph (c) of this subsection, if it is imposed in respect of produce extracted from a Regional Forest, it shall be levied and collected by the Region in which the Regional Forest is situated and the proceeds shall he revenues of that Region; and

(c) if it is imposed in respect of produce extracted from an area that is for the time being dedicated under paragraph 22(4) of Schedule 2 of this Constitution, it shall be levied and collected by the Government of Kenya but the proceeds after the deduction of the cost of the management and operation of the forest within that area and after the deduction of the administrative expenses relating to the collection of the royalty shall be revenues of the Region within which the area is situated.

141. Police grant.

The Government of Kenya shall pay to each Region in respect of each financial year a sum equal to half the expenditure incurred by that Region for that financial year in respect of the Regional Contingent of the Police Force for that Region:

Provided that if the National Security Council considers that the amount of the expenditure so incurred by any Region in respect of any financial year is unreasonable the Government of Kenya shall pay to that Region in respect of that financial year a sum equal to half of so much of that expenditure as the National Security Council determines to be reasonable but in any event not less than half of the expenditure upon the salaries and allowances of members of the Regional Contingent.

142. Legislative powers of Regional Assemblies with respect to taxation.

(1) The Regional Assembly of a Region may make laws with respect to:

(a) taxes on or relating to the incomes of persons resident within the area of jurisdiction of each municipal council and each county council in the Region;

(b) rates on land or buildings within the area of jurisdiction of each county council and each municipal council in the Region;

(c) poll taxes on persons resident within the area of jurisdiction of any township authority, urban council, area council or local council in the Region;

(d) taxes in respect of entertainments (including exhibitions, performances, amusements, games and sports) in the Region to which persons are admitted for payment; and

(e) royalties in respect of common minerals extracted in the Region.

(2) The powers conferred upon the Regional Assembly of a Region by subsection (1) (a) of this section shall not extend to the taxation of bodies corporate, partnerships or persons under the age of eighteen years.

(3) A person who receives an income by way of wages or salary by virtue of his employment shall be deemed for the purposes of subsection (1)(a) of this section, but subject to the provisions of section 148(3) of this Constitution, to have a residence in the place where he is employed.

(4) For the purposes of this section the income of the wife of any person shall be regarded as the income of that person and not as her own income.

(5) The aggregate amount of the tax imposed in respect of any calendar year on or relating to the income of any person by a law made by a Regional Assembly, or by laws made by the several Regional Assemblies, under subsection (1)(a) of this-section shall not exceed 600 shillings (or such greater amount as may from time to time be prescribed by or under an Act of Parliament).

(6) A law made by the Regional Assembly of a Region under sub-section (1)(b) of this section may impose in respect of any calendar year a contribution in lieu of rates on any land or building in the Region that is vested in the Government of the Republic of Kenya, in the East African Common Services Organization or any officer or authority of that Organization or in any body corporate established for public purposes by an Act of Parliament:

Provided that the contribution payable in respect of any land or building shall not exceed such amount as would be payable by way of rates on that land or building if it were not vested as aforesaid.

(7) Parliament may make provision for the valuation of land and buildings in any Region for the purposes of any rate imposed by any law made under subsection (1) (b) of this section: Provided that the valuation of land and buildings in the Region for those purposes in accordance with the provisions of an Act of Parliament under this subsection shall be carried out by such persons or authorities as may be prescribed by or under a law made by the Regional Assembly of that Region.

(8) The poll tax imposed in respect of any calendar year upon any person by a law made by the Regional Assembly of a Region under subsection (1)(c) of this section shall not exceed 100 shillings or such greater amount as may from time to time be prescribed by or under an Act of Parliament.

(9) Parliament may make provision for the exemption of entertainments of a national character from any tax imposed by any law made under subsection (1)(d) of this section.

(10) The power to make laws with respect to any matter conferred upon the Regional Assembly of a Region by this section (other than; the power conferred by subsection (1)(a) of this section) shall be to the exclusion of the power of Parliament to make laws with respect to that matter.

(11) The power conferred upon the Regional Assembly of a Region by subsection (1)(a) of this section shall be without prejudice to the power of Parliament to make provision for the taxation of incomes (including incomes subject to taxation imposed by a law made under subsection (1)(a) of this section) but that power of Parliament shall not be exercised in such manner as to prevent the exercise by the Regional Assembly of its power under subsection (1)(a) of this section.

(12) References in this section to a person’s income include references to any financial benefits of a recurrent nature which he receives.

143. Levying and collecting of taxes, etc.

(1) Where a tax, rate or contribution in lieu of rates is imposed by or under any law made by the Regional Assembly of a Region under subsection (1)(a), subsection (1)(b) or subsection (6) of section 142 of this Constitution it shall be levied by and collected by or on behalf of the respective municipal councils and county councils in the Region; where a poll tax is imposed by or under law made by the Regional Assembly of a Region under subsection (1)(c) of that section on persons within the area of jurisdiction of any township authority, urban council, area council or local council in the Region that is specified in that law, it shall be levied by and collected by or on behalf of that authority or council; and where a tax or royalty is imposed by or under any law made by the Regional Assembly of a Region under subsection (1)(d) or subsection (1)(e) of that section it shall be levied and collected by such local government authority (being a local government authority within whose area of jurisdiction the entertainment concerned is held or, as the case may be, the mineral concerned is extracted) as may be specified by or under any law of the Regional Assembly:

Provided that nothing in this subsection shall be construed as precluding the Regional Assembly from making provision for:

(a) regulating the scale upon which the tax, rate, contribution, in lieu of rates or royalty is levied by any council;

(b) determining the principles upon which the tax, rate, contribution in lieu of rates or royalty is assessed; or

(c) prescribing the manner in which the tax, rate, contribution in lieu of rates or royalty is collected by the local government authority that levies it or by some other person or authority in the Region acting on behalf of that local government authority.

(2) Subject to the provisions of subsections (3), (4) and (6) of this section and of section 145 of this Constitution, the proceeds of any tax, rate, contribution in lieu of rates or royalty imposed by any law made under subsection (1) or subsection (6) of section 142 of this Constitution that are collected by or on behalf of a local government authority in a Region shall be the revenues of that authority.

(3) Where a tax has been levied on and collected from any person by virtue of the provisions of section 142 (3) of this Constitution, the proceeds of that tax shall be remitted by the municipal council or county council that levied it to the municipal council or county council (whether within the same or a different Region) within whose area of jurisdiction that person has his actual residence.

(4) Where a person has (or a person and his wife between them have) more than one residence and those residences are within the area of jurisdiction of more than one municipal council or county council (whether within the same Region or different Regions), the proceeds of any tax for which he is liable under section 142 (1)(a) of this Constitution shall be shared equally by the municipal councils and county councils concerned.

(5) Provision may be made by or under an Act of Parliament to give effect to section 142 (5) of this Constitution and to subsections (3) and (4) of this section. (6) For the purposes of this section the proceeds of a tax shall be the amount remaining after any refunds or repayments have been allowed for and the administrative expenses relating to the collection of the tax have been deducted or allowed for.

144. Taxes, etc., in Nairobi.

(1) Where, by or under an Act of Parliament, a tax is imposed on or relating to the income of persons resident in the Nairobi Area (not being a tax imposed under the Act of the East Africa High Commission entitled the East African Income Tax (Management) Act 1958, or any law amending or replacing that Act) or a rate or contribution in lieu of rates is imposed on land or buildings within the Nairobi Area, that tax, rate or contribution shall be levied and collected by or on behalf of the City Council of Nairobi; where, by or under an Act of Parliament, a poll tax is levied on persons resident within any part of the Nairobi Area, that tax shall be levied and collected-by such local government authority (other than the City Council of Nairobi) as may be specified by or under an Act of Parliament; and where, by or under an Act of Parliament, a tax is imposed in respect of entertainments (including exhibitions, performances, amusements, games and sports) in the Nairobi Area, to which persons are admitted for payment or a royalty is imposed in respect of common minerals extracted in the Nairobi Area, that tax or royalty shall be levied and collected by such local government authority (being a local government authority within whose area of jurisdiction the entertainment concerned is held or, as the case may be, the mineral concerned is extracted) as may be specified by or under an Act of Parliament:

Provided that nothing in this subsection shall be construed as precluding Parliament from making provisions for:

(a) regulating the sale upon which the tax, rate, contribution in lieu of rates or royalty is levied;

(b) determining the principles upon which the tax, rate, contribution in lieu of rates or royalty is assessed; and

(c) prescribing the manner in-which the tax, rate, contribution in lieu of rates or royalty is collected.

(2) Subject to the provisions of subsections (3) and (4) of this section and of section 145 of this Constitution, the proceeds of any tax, rate, contribution in lieu of rates or royalty that are collected, by virtue of the provisions of subsection (1) of this section, by or on behalf of a local government authority established for the Nairobi Area shall be revenues of that authority.

(3) The provisions of subsections (3), (4) and (12) of section 142 and subsection (6) of section 143 of this Constitution shall apply in relation to a tax imposed under this section as they apply in relation to a tax imposed under the said section 142.

(4) The provisions of section 142 (5) and subsections (3), (4) and (5) of section 143 of this Constitution shall have-effect as if the Nairobi Area were a municipality within a Region and the City Council of Nairobi were a municipal council, and the said section 142 (5) shall have effect as if the reference therein to laws made by Regional Assemblies under section 142 (1) (a) of this Constitution included references to such provision made by or under an Act of Parliament as is referred to in subsection (1) of this section.

145. Precepting.

(1) Subject to the provisions of this section, a law made by the Regional Assembly of a Region may make provision under which a local government authority of the Region may be required to pay, out of the proceeds of any tax, rate, contribution in lieu of rates or royalty collected by or on behalf of that authority, to the revenues of the Region or to the revenues of some other local government authority such amounts or proportions of those proceeds as may be specified by or under the law.

(2) Subject to the provisions of this section, an Act of Parliament may make provision under which a local government authority established for the Nairobi Area may be required to pay, out of the proceeds of any tax, rate, contribution in lieu of rates or royalty collected by or on behalf of that authority, to the revenues of the Government of Kenya or to the revenues of some other local government authority such amounts or proportions of those proceeds as may be specified by or under the Act.

(3) A local government authority shall not be required under subsection (1) or subsection (2) of this section to pay, in respect of the proceeds of a tax, rate, contribution or royalty, any amount or proportion other than a fixed amount or proportion notified to that authority before the commencement of the calendar year in which payment is to be made.

(4) For the purposes of this section the proceeds of a tax collected by or on behalf of a local government authority include any sums remitted to it under section 143 (3) of this Constitution and its share in any tax under section 143 (4) of this Constitution but they do not include any sums which it is required under the said section 143(3) to remit to any other local government authority or the share of any other local government authority in any tax under the said section 143(4); and references in this subsection to subsections (3) and (4) of the said section 143 include references to those subsections as they are required to have effect by section 144(4) of this Constitution.

(5) Where any local government authority is required to make a payment under subsection (1) or subsection (2) of this section, it may, within one month of the receipt of the notification given to it in pursuance of subsection (3) of this section, appeal: to the standing advisory committee of the Senate established under section 238 of this Constitution on the ground that the payment required is excessive.

(6) The standing advisory committee of the Senate shall consider any appeal made to it in pursuance of subsection (5) of this section and shall, in such consideration, have regard to all the circumstances of the case including the functions that the local government authority concerned is for the time being required to exercise and its general financial position; and in the light of such consideration the committee shall determine whether the local government authority shall make the payment required or shall pay such smaller amount or proportion as the committee may declare to be reasonable.

(7) The standing advisory committee of the Senate may regulate its own procedure for the discharge of its powers and duties under this section, including the manner in which appeals to it may be made.

146. Revenues from antiquities and museums

Where any antiquity or museum in a Region is administered by the Government of Kenya or by an authority of the Government of Kenya there shall be paid by the Government of Kenya to that Region in respect of each financial year an amount equal to the profits (if any) derived by the Government of Kenya from the administration of that antiquity or museum for that financial year.

147. Fees.

(1) Where power is conferred upon a Regional Assembly by any of the provisions of this Constitution to make laws with respect to any matter or is conferred upon the Executive Council of the Region to exercise executive authority with respect to any matter, the Regional Assembly may make laws for the imposition of fees for the purpose of defraying the expenses involved in the administration of that matter.

(2) Except as provided in section 142 of this Constitution, any power conferred by any provision of this Constitution upon a Regional Assembly to make laws with respect to any matter shall not include power to impose any tax, duty, rate, cess or other impost.

148. Internal borrowing.

Parliament may make provision for regulating the borrowing within Kenya of money by a Region or any officer or authority of a Region:

Provided that nothing in this section shall be construed as precluding a Region or a local government authority from borrowing money by way of overdraft upon a bank up to an amount not exceeding one third of its annual revenues for the time being.

149. Central Housing Board and Local Government Loans Authority.

(1) Parliament may establish:

(a) a Central Housing Board which shall have the function of making loans to local government authorities of the Regions or of the Nairobi Area for the purposes of housing;

(b) a Local Government Loans Authority which shall have the function of making loans to local government authorities of the Regions or of the Nairobi Area for purposes other than housing.

(2) A Central Housing Board or a Local Government Loans Authority established under this section shall be composed in such manner as may for the tine being be prescribed by or under an Act of Parliament so, however, that it shall contain at least one member representing the Nairobi Area who shall be appointed by the City Council of Nairobi and at least one member representing each Region who shall be appointed by the Executive Secretary for the time being responsible for local government and administration of that Region, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions and the number of members who are to be so appointed to represent the Nairobi Area being the same as in the case of each Region.

(3) No loan shall be made by the Central Housing Board to a local government authority of a Region unless the Regional Assembly of the Region has approved that application should be made by the local government authority for the grant of that loan.

(4) Any application made by a local government authority of a Region for a loan from the Local Government Loans Authority shall be made through the Regional Assembly of the Region who shall transmit the application, together with its recommendation thereon, to the, Local Government Loans Authority.

150. Government of Kenya to consult Regions.

(1) The President shall consult with the Governor of each Region before his recommendation is signified under section 60(2) of this Constitution with respect to any Bill, or before any instrument is made under an Act of Parliament, the likely effect of which Bill or instrument would be that the sum payable to the Regions under section 137 or section 138 of this Constitution in respect of any financial year would be lower than the sum payable to the Regions under that section in respect of the previous financial year.

(2) The President shall consult with the Governor of each Region before his recommendation is signified under section 60(2) of this Constitution with respect to any Bill, or before any instrument is made by the President, a Minister or any officer or authority of the Government of Kenya under an Act of Parliament, the effect of which Bill or instrument would be to reduce the classes of produce in respect of which a cess is payable to any local authority in that Region or to reduce the rate of the cess in relation to any such class.

151. Exemption of certain public property from taxation.

(1) Subject to the provisions of section 142 (6) of this Constitution, property in a Region vested in the Government of the Republic of Kenya, in the East African Common Services Organization or any officer or authority of that Organization or in a body corporate established for public purposes by an Act of Parliament shall be exempt from any rate or royalty imposed by any law made by the Regional Assembly of that Region under that section.

(2) A Region shall not be liable to taxation imposed by any Act of Parliament in respect of income, land or buildings not being income derived from, or land or buildings occupied for the purposes of, any trade or business.

152. Definitions, etc., for purposes of provisions relating to taxation of petrol.

(1) For the purposes of this Part of this Chapter:

"motor spirit" includes gasolene and other light oils suitable for use as fuel in internal combustion engines and other products suitable for such use but does not include aviation spirit or other fuels suitable for use in aircraft engines; and

"diesel oil" means light amber mineral oil suitable for use as fuel in high-speed internal-combustion engines.

(2) The motor spirit and the diesel oil that are issued in any financial year from the oil depots situated at the several places specified in column 1 of Schedule 3 of this Constitution shall be regarded for the purposes of section 137 of this Constitution as having been distributed for consumption in that financial year in the Regions (or, as the case may be, in the Nairobi Area) respectively specified in column 2 of that Schedule and, where more than one Region is so specified, in the proportions respectively specified in column 3 of that Schedule.

153. Regulations relating to payment.

The Minister for the time being responsible for finance may, by regulations published in the Kenya Gazette, make provision:

(a) for determining the times at which, and the manner in which, the Government of Kenya shall pay to a Region any sums that are required by section 137, section 138, section 140, section 141 or section 146 of this Constitution to be so paid; and

(b) the making of provisional payments by the Government of Kenya to a Region in respect of any sums that are required by section 137, section 138, section 140, section 141 or section 146 of this Constitution to be paid by the Government of Kenya to that Region, and the subsequent payment or repayment, as the case may be, of any amounts by which such provisional payments are less than, or exceed, the sums in respect of which they were made.

154. Sums charged on Consolidated Fund.

Any payments that are required by section 137, section 138, section 140, section 141 or section 146 of this Constitution to be made by the Government of Kenya to a Region shall be a charge on the Consolidated Fund.

155. Set off.

Any sum that is required by section 137, section 138, section 140, section 141 or section 146 of this Constitution to be paid by the Government of Kenya to a Region may be set off by the Government of Kenya towards the payment of any sum due from the Region to the Government of Kenya in respect of a loan to that Region

156. Review.

(1) Not earlier than 1st July 1964 and not later than 1st July 1966 and thereafter at intervals of not less than two nor more than three years the President shall appoint:

(a) a person (from among persons who are experienced in government finance and who are not Ministers, Assistant Ministers, members of either House of the National Assembly or of a Regional Assembly or members of; a committee of a Regional Assembly) to review:

(i) the operation of section 137 (2) (b) of this Constitution in so far as it determines the Regions to which the amount therein referred to is to be paid and the proportions in which it is to be paid to those Regions;

(ii) the operation of Part II of Schedule 3 of this Constitution;

(iii) the sum payable by the Government of Kenya to the Regions under section 138 (1) of this Constitution; and

(iv) the sum (being the amount of the proceeds of any royalty in excess of which payments shall be made by the Government of Kenya to the Regions) specified in section 140 (1) of the Constitution; and

(b) a Commission to advise the National Assembly with respect to that review (hereinafter in this section referred to as an Advisory Commission).

(2) An Advisory Commission shall be composed in such manner as may be determined by the President so, however, that it shall contain at least one member representing each Region who shall be appointed by the Governor of that Region, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions.

CHAPTER IX — POLICE.

157. Police Force.

(1) There shall be a Police Force which shall consist of a Regional Contingent for each Region, a Nairobi Contingent and the specialized branches.

(2) Expenses of a Regional Contingent (including the salaries and allowances of the members of that Contingent) shall be defrayed out of moneys provided by the Regional Assembly, and the expenses of the Nairobi Contingent and the specialized branches (including the salaries and allowances of members of that Contingent and those branches) shall be defrayed out of moneys provided by Parliament.

(3) Subject to the provisions of section 165 of this Constitution:

(a) the Police Force shall be under the general command of an Inspector General of Police; and

(b) subject to the general command of the Inspector General, each Regional Contingent shall be under the direct command of a member of that Contingent who shall be styled Regional Commissioner of Police.

(4) Subject to the provisions of this Chapter, the Police Force shall be organized and administered in accordance with such provision as may be made in that behalf by Parliament and, without prejudice to the generality of the foregoing but subject to the provisions of section 126 of this Constitution:

(a) the salaries, allowances and other conditions of service of members of the Police Force shall be such as may be prescribed by or under any Act of Parliament; and

(b) provision may be made by or under an Act of Parliament prescribing the standards of qualifications to be required of members of the Police Force generally or of members of the Police Force who hold a particular rank or who are engaged on particular duties.

(5) Subject to the provisions of this Constitution, the members of the Police Force shall have such powers and duties as may be conferred on them by any law.

(6) Subject to the provisions of subsection (7) of this section, no other police force shall be established for Kenya or any part thereof.

(7) Parliament may make provision for police forces forming part of naval, military or air forces.

158. Establishment of Kenya Police Council.

(1) There shall be a Kenya Police Council which shall consist of:

(a) the Minister; and

(b) the Executive Secretary of each Region.

(2) The Inspector General and a representative of the Nairobi Area (being a member of the City Council of Nairobi for the time being designated in that behalf by the City Council of Nairobi) shall be entitled to attend all meetings of the Council and to take part, in all the proceedings of the Council, but none of them shall be regarded as a member of the Council, or be entitled to vote on any question before the Council otherwise than as the Council may direct.

(3) An Executive Secretary shall be entitled to bring with him as his adviser at any meeting of the Council the Regional Commissioner of Police for his Region, but a Regional Commissioner of Police shall not be regarded as a member of the Council, shall not be entitled to take part in the proceedings of the Council otherwise than as the Council may direct and shall not be entitled to vote on any question before the Council.

(4) The Council shall not be summoned except by the authority of the Minister who shall, so far as is practicable, attend and preside at all meetings of the Council, and, in the absence of the Minister, such member of the Council as the other members may elect for that purpose shall preside.

(5) The Minister may summon a meeting of the Council whenever he considers it desirable to do so, and he shall summon a meeting of the Council:

(a) upon the request of any three members of the Council; or

(b) in the circumstances specified in sections 165(4)(b) and 165(5)(b) of this Constitution.

(6) The Council may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member, and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Council shall require the concurrence of a majority of all the members thereof.

(7) Subject to the provisions of this Chapter, the Council may regulate its own procedure.

159. Functions of Kenya Police Council.

(1) In addition to the other functions vested in the National Security Council by this Constitution, it shall be the duty of the Council to keep under constant review all matters relating to the organization, maintenance and administration of the Police Force, and the Council may make recommendations with respect to any such matter to the Minister, the Executive Secretary of any Region, the Inspector General or any Regional Commissioner of Police.

(2) The Council shall determine from time to time the establishment of each Regional Contingent, the Nairobi Contingent and each specialized branch, that is to say, the number of officers in the Police Force in each such Contingent or branch and their respective ranks (being ranks provided for under the provisions of section 157(4) of this Constitution).

160. Establishment of Police Service Commission.

(1) There shall be a Police Service Commission which shall consist of two ex officio members, that is to say:

(a) the Chairman of the Public Service Commission; and

(b) such Constitutional Justice or judge of the Supreme Court as may for the time being be designated in that behalf by the Chief Justice, and three appointed members who shall be appointed by the two ex officio members, acting jointly but after consultation with the Inspector-General.

(2) The Police Service Commission shall be presided over by such one of the appointed members (hereinafter referred to as "the Chairman of the Police Service Commission") as may for the time being be designated in that behalf by the members of the Commission.

(3) A person shall not be qualified to be appointed as a member of the Police Service Commission if:

(a) he is, or has at any time been, a member of either House of the National Assembly, a member of a Regional Assembly or a member (other than an ex officio, an appointed or a nominated member) of any Legislative Council established for Kenya by any Order of Her Maiesty in Council; or

(b) he is, or has at any time been nominated as a candidate for election as a member of either House of the National Assembly or of a Regional Assembly or of any such Legislative Council; or

(c) he is, or has at any time been, the holder of an office in any political organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of either House of the National Assembly or of a Regional Assembly or of such a Legislative Council or of any local government authority (whether established under Chapter XIII of this Constitution or by or under any law in force at any time before 12th December 1963); or

(d) he is a public officer.

(4) An appointed member of the Police Service Commission shall not, within a period of three years commencing with the day on which he last held or acted in the office of a member of the Commission, be eligible for appointment to or to act in any public office.

(5) Subject to the provisions of subsection (7) of this section, the office of an appointed member of the Police Service Commission shall become vacant:

(a) at the expiration of three years from the date of his appointment; or

(b) if any circumstances arise that, if he were not such a member, would cause him to be disqualified to be appointed as such.

(6) A person holding the office of appointed member of the Police Service Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and may not be so removed except in accordance with the provisions of this section.

(7) An appointed member of the Police Service Commission shall be removed from office by the President if the question of his removal has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the President considers or either of the ex officio members of the Police Service Commission represents to the President that the question of removing an appointed member of that Commission under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to him whether the member ought to be removed under this section.

(9) If the question of removing an appointed member of the Police Service Commission has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Chairman of the Public Service Commission, may suspend that member from the exercise of the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that that member should not be removed.

(10) If the office of an appointed member of the Police Service Commission is vacant or if such a members is for any reason unable to exercise the functions of his office, the ex officio members, acting jointly but after consultation with the Inspector-General, may appoint a person who is qualified to be appointed to the office of that member to act in place of that member; and any person so appointed shall, subject to the provisions of subsections (5), (7) and (9) of this section, continue to act until a person has been appointed to the office in which he is acting and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

(11) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member, and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

(12) Subject to the provisions of this Chapter, the Commission may regulate its own procedure and, with the consent of the President in the case of a public officer serving on the establishment of the Government of Kenya or in the case of any authority of that Government and with the consent of the Governor in the case of a public officer serving on the establishment of a Region or in the case of any authority of a Region, may confer powers or impose duties on such an officer or authority for the purpose of the discharge of its functions.

(13) Subject to the provisions of this Chapter, the Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

161. Functions of Police Service Commission.

(1) In addition to the other functions vested in the Police Service Commission by this Chapter, it shall be the duty of the Commission to keep under review all matters relating to the salaries, allowances and other conditions of service of members of the Police Force and to give advice thereon to the Minister.

(2) It shall be the duty of the Commission to keep under review all matters relating to the standards or qualifications (whether in respect of health, education, efficiency or of any other kind) that may be required of members of the Police Force generally or members of the Police Force who hold a particular rank or who are engaged on particular duties and to give advice thereon as occasion may require to the Minister, to the Inspector-General and to the Executive Secretary of any Region.

162. Appointment, etc., of Inspector-General.

(1) The Inspector-General shall be appointed by the President acting in accordance with the advice of the Police Service Commission.

(2) If the office of Inspector-General is vacant or if the Inspector-General is for any reason unable to exercise the functions of his office, the President, acting in accordance with the advice of the Police Service Commission, may appoint a person to act as Inspector-General, and any person so appointed shall, subject to the provisions of subsections (3), (5) and (7) of this section, continue to act until a person has been appointed to the office of Inspector-General and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

(3) Subject to the provisions of subsection (5) of this section, the Inspector-General shall vacate his office when he attains such age may be prescribed by Parliament.

(4) A person holding the office of Inspector-General may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(5) The Inspector-General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the President that he ought to be removed for inability as aforesaid or for misbehaviour.

(6) If the President considers or the Chairman of the Police Service Commission represents to the President that the question of removing the Inspector-General under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to him whether the Inspector-General ought to be removed under this section.

(7) If the question of removing the Inspector-General has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Police Service Commission, may suspend the Inspector-General from the exercise of the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the Inspector-General should not be removed.

163. Appointment, etc., of other members of Police Force.

(1) The power to appoint persons to hold or act in any offices in the Police Force of or above the rank of Sub-Inspector (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Police Service Commission.

(2) The Police Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the Commission, to the Inspector-General or to a Regional Commissioner of Police.

(3) The power to appoint persons to hold or act in any offices in the Police Force below the rank of Sub-Inspector (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest, in the case of an office in a Regional Contingent, in the Regional Commissioner of Police and, in the case of any other office, in the Inspector-General.

(4) A Regional Commissioner of Police or the Inspector-General may by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under sub section (3) of this section to any other member of the Police Force.

(5) When the power to exercise disciplinary control over any member of the Police Force (including the power to remove him from office has been exercised under this section by any person (hereinafter referred to as "the disciplinary authority") other than the Police Service Commission, the member of the Police Force in respect of whom it was exercised may appeal from the decision of the disciplinary authority to the Police Service Commission:

Provided that, in the case of a decision of the disciplinary authority that is made in exercise of a power delegated to that authority under subsection (2) or subsection (4) of this section, the authority by whom the delegation is made may require appeals to be made to a member of the Police Force of higher rank than the disciplinary authority before they are made under this subsection to the Police Service Commission.

(6) The Police Service Commission may by regulation or otherwise provide for the time and manner of the making of appeals to it under subsection (5) of this section and all matters incidental to such appeals.

(7) The power conferred on any person or authority by or under this section to appoint person to hold or act in any offices in the Police Force shall be subject to the power conferred on the Inspector-General by section 164(1) of this Constitution.

164. Postings.

(1) The power to post any member of the Police Force from an office in one Contingent to an office in another Contingent or in a specialized branch or from an office in one specialized branch to an office in another specialized branch or in a Contingent shall, where the offices to and from which the posting is to be made are of the same rank, vest in the Inspector-General:

Provided that, before posting a person to serve in any Region as Regional Commissioner of Police and before posting elsewhere any person who is so serving, the Inspector-General shall consult with the Executive Secretary of the Region to or from which the posting is to be made.

(2) The power to post a member of a Regional Contingent to serve in any appointment within that Contingent shall vest in the Regional Commissioner of Police, the power to post a member of the Nairobi Contingent to serve in any appointment within that Contingent shall vest in the Inspector-General and the power to post a member of one of the specialized branches to serve in any appointment within that branch shall likewise vest in the Inspector-General.

(3) The Inspector-General or a Regional Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under this section to any other member of the Police Force.

165. Functions of Regional Commissioners of Police.

(1) A Regional Commissioner of Police shall, as well as having command of his Regional Contingent, have operational command of all other units of the Police Force that, in accordance with the provisions of this Chapter, are posted to serve in his Region.

(2) Subject to the provisions of subsections (4) and (5) of this section, a Regional Commissioner of Police shall, in the exercise of his power to determine the use and to control the operations of the Regional Contingent and any other units under his command, comply with such general direction of policy with respect to maintaining public safety and public order in the Region as the Executive Secretary of his Region may give to him.

(3) Subject to the provisions of subsection (4) and (5) of this section, a Regional Commissioner of Police shall be responsible to the Executive Secretary of his Region for the organisation, maintenance and administration of the Regional Contingent (otherwise than in respect of the exercise of the powers vested in him by sections 164(2) and 168 of this Constitution), and shall comply with all lawful instructions as to the discharge of that responsibility that the Executive Secretary may give to him.

(4) When a Regional Commissioner of Police considers that the interests of public safety and public order in his Region so require, he may refer to the Inspector-General the directions or instructions given to him in any matter by the Executive Secretary under subsection (2) or subsection (3) of this section, and the Regional Commissioner of Police shall then comply with all lawful instructions given to him in that matter by the Inspector-General:

Provided that:

(a) the Inspector-General shall consult with the Executive Secretary before giving instructions to the Regional Commissioner of Police under this subsection; and

(b) when the instructions which he gives to the Regional Commissioner of Police under this subsection differ from those given by the Executive Secretary, the Inspector-General shall forthwith submit to the Minister a report on his action in that case and the Minister shall lay the report before the Executive Secretaries of all Regions.

(5) When the Inspector-General considers that the interests of public safety and public order in Kenya so require, he may give instructions to a Regional Commissioner of Police as to the exercise by the Regional Commissioner of Police of his functions under this Chapter, and the Regional Commissioner of Police shall comply with all lawful instructions given to him by the Inspector-General under this subsection:

Provided that:

(a) the Inspector-General shall consult with the Executive Secretary before giving instructions to the Regional Commissioner of Police under this subsection; and

(b) unless the Executive Secretary otherwise directs, the Inspector-General shall forthwith submit to the Minister a report on his action in any such case and the Minister shall lay the report before the Executive Secretaries of all Regions.

166. Functions of Inspector-General.

(1) Subject to the provisions of section 165 (1) of this Constitution, the Inspector-General shall, as well as having general command of the Police Force, have direct command of the Nairobi Contingent and the specialized branches.

(2) The Inspector-General shall be responsible to the Minister for the organisation, maintenance and administration of the Nairobi Contingent and the specialized branches (otherwise than in respect of the powers vested in him by section 164 and 168 of this Constitution, and shall comply with all lawful instructions as to the discharge of that responsibility that the Minister may give to him.

(3) The Inspector-General shall have a general responsibility for keeping the Minister fully informed as to the manner in which he has exercised his various functions under this Chapter.

(4) The Inspector-General shall from time to time inspect the several Regional Contingents and shall submit reports on his inspection to the Executive Secretaries of the respective Regions and to the Minister.

(5) The Inspector-General may, whenever he considers that the interests of public safety and public order in Kenya so require, post to serve as reinforcements in any part of Kenya units of the Police Force from any other part of Kenya.

167. Attorney-General's power to require criminal investigation.

The Attorney-General may require the Inspector-General or any Regional Commissioner of Police to investigate any matter which, in the Attorney-General's opinion, relates to any offence or alleged offence or suspected offence, and the Inspector-General or the Regional Commissioner of Police shall comply with that requirement, and shall report to the Attorney-General upon the investigation.

168. Training.

The power to second any member of the Police Force to a police training establishment for the purpose of undergoing a course of training shall vest, in the case of a member of a Regional Contingent, in the Regional Commissioner of Police acting with the concurrence of the Inspector-General and, in the case of any other member of the Police Force, in the Inspector-General; and the Inspector-General or a Regional Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under this section to any other member of the Police Force.

169. Emergencies, etc.

(1) Provision may be made by or under an Act of Parliament that during any period of emergency (which expression shall in this section have the meaning assigned to it in section 69 of this Constitution):

(a) the Inspector-General, in the exercise of his power to determine the use and to control the operations of any part of the Police Force, shall comply with such general directions of policy with respect to maintaining public safety and public order in Kenya or any part thereof as the Minister may give to him;

(b) the power to give general directions vested in the Executive Secretary of any Region by section 165(2) of this Constitution shall cease to be exercisable by that Executive Secretary;

(c) the Inspector-General shall be responsible to the Minister for the organization, maintenance and administration of every Regional Contingent and shall comply with all lawful instructions as to the discharge of that responsibility that the Minister may give to him;

(d) the power to give instructions vested in the Executive Secretary of any Region by section 165(3) of this Constitution shall cease to be exercised by that Executive Secretary;

(e) the Inspector-General shall be relieved from any obligation under this Chapter (other than under section 167 of this Constitution) to submit reports to or to consult with any person or authority; or

(f) the function vested in the National Security Council by section 159(2) of this Constitution shall cease to be exercisable by the Council and shall be exercisable instead by the Minister.

(2) Provision may be made by or under a law made for a Region by Parliament in pursuance of section 70 of this Constitution that:

(a) the Inspector-General shall, in the exercise of his power to determine the use and to control the operations of the Regional Contingent of that Region or any other units under the command of the Regional Commissioner of Police of that Region, comply with such general directions of policy with respect to maintaining public safety and public order in the Region as the Minister may give to him;

(b) the power to give general directions vested in the Executive Secretary of any Region by section 165(2) of this Constitution shall cease to be exercisable by that Executive Secretary;

(c) the Inspector-General shall be responsible to the Minister for the organization, maintenance and administration of the Regional Contingent of that Region and shall comply with all lawful instructions as to the discharge of that responsibility that the Minister may give to him;

(d) the power to give instructions vested in the Executive Secretary of any Region by section 165(3) of this Constitution shall cease to be exercisable by that Executive Secretary;

(e) the Inspector-General shall, in the exercise of any of his functions under this Chapter that relate to the Regional Contingent of that Region and the maintenance of public safety and public order in that Region, be relieved from any obligation under this Chapter to submit reports to or to consult with the Executive Secretary of that Region.

170. Interpretation.

(1) In this Chapter:

(a) "the specialized branches" are the staff of the Inspector-General, any General Service Unit, the Criminal Investigation Department, the Special Branch, the Police Air Wing, the Police Signals Branch, the Police Transport Branch, any police unit established to carry out the policing of Kenya's international frontiers, any police unit established for the protection of harbours, waterways, railways or airfields, any police training establishment and all police supply services:

Provided that the Kenya Police Council may declare any other branch of the Police Force to be a specialized branch for the purposes of this Chapter or may declare that any branch shall cease to be a specialized branch for those purposes;

(b) "the Minister" means the Minister for the time being responsible for matters relating to the Police Force; and

(c) "the Executive Secretary" means the Executive Secretary of a Region who is for the time being responsible for public safety and public order.

(2) If provision is made under section 157(4) of this Constitution altering the ranks into which the Police Force is divided, the Police Service Commission may, by notice published in the Kenya Gazette, specify some rank other than the rank of Sub-Inspector as being equivalent to the rank of Sub-Inspector as it exists under the law in force on 11th December 1963, and references in this Chapter to the rank of Sub-Inspector shall then be construed as if they were references to the rank for the time being so specified.

CHAPTER IXA — ARMED FORCES

170A. Establishment and composition of the Kenya Armed Forces

(1) There shall be an armed forces for Kenya, to be styled the Kenya Armed Forces, which shall consist of the Kenya Army, the Kenya Navy, the Kenya Air Force and such other branches of the Armed Forces as may be established by Parliament.

(2) The Republic shall, subject to any Act of Parliament made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of:

(a) defending Kenya from external aggression;

(b) maintaining the sovereignty and territorial integrity of Kenya and securing its borders from violation on land, sea, or air;

(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by Parliament; and

(d) performance of such other functions as may be prescribed by Parliament.

170B. Command and operational use

(1) The powers of the President as the Commander-in-Chief of the Armed Forces shall include power to determine the operational use of the Armed Forces.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of General Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the Armed Forces as may be established by Parliament.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the Armed Forces his powers relating to the operational use of the Armed Forces.

(4) Parliament shall have power to make laws for the regulation of:

(a) the powers exercisable by the President as Commander-in-Chief of the Armed Forces; and

(b) the appointment, promotion and disciplinary control of members of the Armed Forces.

170C. Compulsory military service

(1) The Republic shall establish and maintain adequate facilities for carrying into effect any Act of Parliament providing for compulsory military training or military service for citizens of Kenya.

(2) Until an Act of Parliament is made in that behalf the President may maintain adequate facilities in any secondary or post-secondary educational institution in Kenya for giving military training in any such institution which desires to have the training.

CHAPTER X — THE JUDICATURE

Part 1 — The Supreme Court

171. Establishment of Supreme Court.

(1) There shall be a Supreme Court shall have unlimited original Jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law:

Provided that the Supreme Court shall be subordinate to the Constitutional Court.

(2) The judges of the Supreme Court shall be the President of the Supreme Court and such number, not being less than eleven, of other judges (hereinafter referred to as "the puisne judges") as may be prescribed by Parliament:

Provided that the office of a puisne judge shall not be abolished while there is a substantive holder thereof.

(3) The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(4) The Supreme Court shall sit in such places as the President of the Supreme Court may appoint.

172. Appointment of judges of Supreme Court.

(1) The President of the Supreme Court shall be appointed by the President, acting after consultation with the puisne judges and the Governors of the Regions:

Provided that the President shall not appoint any person as President of the Supreme Court unless not less than half of the puisne judges and the Governors of not less than four Regions concur in his tendering such advice.

(2) The puisne judges shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(3)

(a) A person shall not be qualified to be appointed as a judge of the Supreme Court unless:

(i) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from such a court; or

(ii) he holds one of the specified qualifications and has held one or other of those qualifications for a total period, of not less than seven years.

(b) In this subsection "the specified qualifications" means the professional qualifications specified by the Advocates Ordinance (or by or under any law amending or replacing that Ordinance) one of which must be held by any person before he may apply under that Ordinance (or under any such law) to be admitted as an advocate in Kenya.

(4) If the office of President of the Supreme Court is vacant or the President of the Supreme Court is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the puisne judges as may for the time being be designated in that behalf by the President, acting after consultation with the puisne judges.

(5) If the office of any puisne judge is vacant or if any such judge is appointed to act as President of the Supreme Court or is for any reason unable to perform the functions of his office or if the President of the Supreme Court advises the President that the state of business in the Supreme Court so requires, the President acting in accordance with the advice of the Judicial Service Commission, may appoint a person who is qualified to be appointed as a judge of the Supreme Court to act as a puisne judge of that court:

Provided that a person may act as a judge notwithstanding that he has attained the age prescribed for the purposes of section 173(1) of this Constitution.

(6) Any person appointed under subsection (5) of this section to act as a puisne judge shall, subject to the provisions of sections 173(4) and 173(7) of this Constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission:

Provided that, not withstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a puisne judge for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

173. Tenure of office of judges of Supreme Court.

(1) Subject to the provisions of this section, a person holding the office of a judge of the Supreme Court shall vacate that office when he attains such age as may be prescribed by Parliament.

(2) Notwithstanding that he has attained the age prescribed for the purposes of subsection (1) of this section, a person holding the office of a judge of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(3) A person holding the office of a judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(4) A judge of the Supreme Court shall be removed from office by the President if the question of his removal has been referred by the President to a tribunal appointed under subsection (5) of this section and the tribunal has recommended to the President that the judge ought to be removed from office for inability as aforesaid or for misbehaviour.

(5) If the President considers or the Chief Justice represents to the President that the question of removing a judge under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether that judge ought to be removed from office.

(c) [Repealed].

(6) [Repealed].

(7) If the question of removing a judge from office has been referred to a tribunal under subsection (5) of this section, the President, acting in accordance with the advice of the Chief Justice, may suspend the judge from exercising the functions of his office and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the judge ought not to be removed from office.

174. Oaths to be taken by judges of Supreme Court.

A judge of the Supreme Court shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance set in Schedule 4 of this Constitution and such oath for the due execution of his office as may be prescribed by Parliament.

Part 1bis — The Constitutional Court

174A. Establishment of Constitutional Court.

(1) There shall be a Constitutional Court which shall have exclusive, original and final jurisdiction to hear any question as to the interpretation of this Constitution, including the determination of:

(a) the question whether an Act of Parliament or any other law is inconsistent with or in contravention of a provision of this Constitution;

(b) the question whether anything said to be done under the authority of this Constitution or any law is inconsistent with or in contravention of a provision of this Constitution; or

(c) the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened; and

(d) a matter relating to constitutional powers of national organs in relation to regional governments and any matter relating to the constitutional relationship among the levels of government.

(2) The Constitutional Court shall have jurisdiction to supervise any civil or criminal proceedings before the Supreme Court.

(3) The Chief Justice may make rules with respect to the practice and procedure of the Constitutional Court in relation to the jurisdiction and powers conferred on it by subsection (2) of this section.

(4) The judges of the Constitutional Court (hereinafter referred to as "the Constitutional Justices") shall be the Chief Justice, the Deputy Chief Justice and seven other Constitutional Justices.

(5) The Constitutional Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(6) The Constitutional Court shall sit in such places as the Chief Justice may appoint.

(7) A decision of the Constitutional Court is not appealable to the Court of Appeal.

174B. Appointment of Constitutional Justices.

(1) The Constitutional Justices shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(2)

(a) A person shall not be qualified to be appointed as a Constitutional Justice unless:

(i) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from such a court; or

(ii) he holds one of the specified qualifications and has held one or other of those qualifications for a total period, of not less than seven years; and

(iii) in all cases, he has specialised training or experience in human rights or constitutional law.

(b) In this subsection "the specified qualifications" means the professional qualifications specified by the Advocates Ordinance (or by or under any law amending or replacing that Ordinance) one of which must be held by any person before he may apply under that Ordinance (or under any such law) to be admitted as an advocate in Kenya.

(3) The Constitutional Justices shall take precedence among themselves in accordance with the dates on which they assumed office; and if two or more Constitutional Justices assumed office on the same day the older shall take precedence over the younger.

(4) The Constitutional Justice who is ranked first on the order in which the Constitutional Justices take precedence among themselves shall ipso facto serve as Chief Justice, and the Constitutional Justice who is ranked second on the order in which the Constitutional Justices take precedence among themselves shall ipso facto serve as Deputy Chief Justice.

174C. Tenure of office of Constitutional Justices.

(1) Subject to the provisions of this section, a person holding the office of a Constitutional Justice shall vacate that office when he attains such age as may be prescribed by Parliament.

(2) Notwithstanding that he has attained the age prescribed for the purposes of subsection (1) of this section, a person holding the office of a Constitutional Justice may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(3) A person holding the office of a Constitutional Justice may be removed from office only in accordance with the provisions of this section and section 174D, and shall not be removed in accordance with the provisions of this section other than for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause).

(4) A Constitutional Justice shall be removed from office by the President under this section if the question of his removal has been referred by the President to a tribunal appointed under subsection (5) of this section and the tribunal has recommended to the President that the judge ought to be removed from office for inability as aforesaid.

(5) If the President considers that the question of removing a judge under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chairman of the Public Service Commission from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether that judge ought to be removed from office.

(6) If the question of removing a judge from office has been referred to a tribunal under subsection (5) of this section, the President, acting in accordance with the advice of the Chairman of the Public Service Commission, may suspend the judge from exercising the functions of his office and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the judge ought not to be removed from office.

174D. Removal of Constitutional Justice by Impeachment.

(1) A Constitutional Justice, or any other person exercising or about to exercise the functions of the office of a Constitutional Justice, may be removed from office by Impeachment in accordance with this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly—

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of a Constitutional Justice is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall decide whether or not the allegation shall be investigated by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of that House without any debate.

(4) Within seven days of the passing of a motion under the foregoing provisions, the President of the Senate shall appoint a tribunal, which shall consist of not less than five persons appointed by him from among persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(5) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the tribunal by legal practitioners of his own choice.

(6) A tribunal appointed under this section shall -

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

(7) Where the tribunal reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(8) Where the report of the tribunal is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the tribunal is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(9) No proceedings or determination of the tribunal or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

(10) In this section "gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

(11) At any time when the office of President of the Senate is vacant or the holder of that office is unable for any reason to exercise the functions vested in him by this section, those functions may be exercised by the Vice President of the Senate, and in the absence of the President and Vice President of the Senate, the other Deputy President of the Senate.

174E. Oaths to be taken by Constitutional Justices.

A Constitutional Justice shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance set in Schedule 4 of this Constitution and such oath for the due execution of his office as may be prescribed by Parliament.

175. Reference to Constitutional Court in cases involving interpretation of Constitution.

(1) Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court or of the Supreme Court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall refer the question to the Constitutional Court without delay.

(2) Where any question is referred to the Constitutional Court in pursuance of this section, the Constitutional Court shall give its decision upon the question and the court in which the question arose shall dispose of the ease in accordance with that decision.

(3) [Repealed].

Part 2 — Interterritorial Courts of Appeal and Court of Appeals for Kenya

176. Court of Appeal for Eastern Africa or other interterritorial court.

(1) If Parliament so provides, then, subject to the provisions of this Constitution:

(a) the Court of Appeal for Eastern Africa established by the Act of the Fast African Common Services Organization entitled the Court of Appeal for Eastern Africa Act 1962 or by or under any law amending or replacing that Act that has effect for the purposes of this paragraph; or

(b) any other court that may be established as an appellate court for Kenya and any one or more other countries or territories by or under any law that has effect for the purposes of this paragraph, shall have such jurisdiction in relation to appeals from the Court of Appeal for Kenya or the Supreme Court and such powers in relation to that jurisdiction as may be conferred on it by any law: Provided that no jurisdiction may be conferred under this section on the Court of- Appeal for Eastern Africa or any other court to entertain appeals direct from the Supreme Court to the extent to which jurisdiction to entertain such appeals is for the time being conferred on the Court of Appeal for Kenya.

(2) [Repealed].

(3) [Repealed].

177. Court of Appeal for Kenya.

(1) Parliament may, if it thinks fit, establish a Court of Appeal for Kenya which, subject to the provisions of this Constitution, shall have such jurisdiction and powers as may be conferred on it by any law.

(2) The judges of the Court of Appeal for Kenya shall be:

(a) the Chief Justice, as President;

(a1) the President of the Supreme Court, as Vice-President;

(b) the other Constitutional Justices for the time being; and

(c) the puisne judges for the time being of the Supreme Court.

(3) [Repealed].

(4) When the Court of Appeal for Kenya is determining any matter other than an interlocutory matter, it shall be composed of an uneven number of judges, not being less than three

Part 3 — Other courts

178. Establishment of other courts.

(1) Parliament may establish courts subordinate to the Supreme Court and courts-martial, and any such court shall, subject to the provisions of this Constitution, have such jurisdiction and powers as may be conferred on it by any law.

(2) The Supreme Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court-martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.

(3) The President of the Supreme Court may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by subsection (2) of this section.

179. Kadhis' courts.

(1) There shall be a Chief Kadhi and such number, not being less than three, of other Kadhis as may be prescribed by Parliament.

(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless:

(a) he professes the Muslim religion; and

(b) he possesses such knowledge of the Muslim law applicable to any sect or sects of Muslims as qualifies him, in the opinion of the Judicial Service Commission, to hold a court of a Kadhi.

(3) Without prejudice to the generality of section 178 (1) of this Constitution and subject to the provisions of subsection (4) of this section, there shall be such subordinate courts held by Kadhis (in this Chapter referred to as "courts of a Kadhi") as Parliament may establish and each court of a Kadhi shall, subject to the provisions of this Constitution, have such jurisdiction and powers as may be conferred on it by any law.

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being less than three in number) as may be prescribed by or under an Act of Parliament, shall each be empowered to hold a court of a Kadhi having jurisdiction within the former Protectorate or within such part of the former Protectorate as may be so prescribed:

Provided that no part of the former Protectorate shall be outside the jurisdiction of some court of a Kadhi.

(5) The jurisdiction of a court of a Kadhi shall extend 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.

Part 4 — Appeals

180. Appeals on constitutional questions and questions relating to fundamental rights.

181. Appeals to Judicial Committee in other cases.

182. Appeals from subordinate courts and courts-martial.

(1) Subject to the provisions of subsection (2) of this section, an appeal shall lie as of right to the Constitutional Court from final decisions given by any subordinate court or a court-martial in any civil or criminal proceedings on questions as to the interpretation of this Constitution (not being questions that have been referred to the Constitutional Court in pursuance of section 175 of this Constitution) or as to the denial, violation, infringement or threatening of a right or fundamental freedom in the Bill of Rights;

(2) An appeal from a decision given by a subordinate court or a court-martial in any of the cases referred to in subsection (1) of this section:

(a) shall not lie direct to the Constitutional Court if, under any law:

(i) an appeal lies as of right from that decision to another subordinate court or court-martial; or

(ii) an appeal lies from that decision to another subordinate court or court-martial with the leave of the court that gave the decision or of some other court and that leave has not been withheld; and

(c) in all cases, shall not lie to the Supreme Court or to the Court of Appeal for Kenya.

(3) An appeal shall lie as of right to the Supreme Court from decisions given by a subordinate court in the following cases, that is to say:

(a) final decisions in any civil proceedings where the matter in dispute on the appeal to the Supreme Court is of the value of £1,000 or upwards, or where the appeal involves directly or indirectly a claim to or question respecting property or a right to the value of £1,000 or upwards; and

(b) final decision in proceedings for dissolution or nullity of marriage.

(3A) An appeal from a decision given by a subordinate court in any of the cases referred to in subsection (3) of this section:

(a) shall not lie to the Supreme Court if, under any law:

(i) an appeal lies as of right from that derision to the Court of Appeal for Kenya; or

(ii) an appeal lies from that decision to the Court of Appeal for Kenya with the leave of the court that gave the decision or of some other court and that leave has not been withheld; or

(b) shall not lie direct to the Court of Appeal for Kenya or direct to the Supreme Court in any such case if, under any law:

(i) an appeal lies as of right from that decision to another subordinate court; or

(ii) an appeal lies from that decision to another subordinate court with the leave of the court that gave the decision or of some other court and that leave has not been withheld; and

(c) in all cases, shall not lie to the Constitutional Court.

(4) An appeal shall lie from a subordinate court or a court-martial to:

(a) the Supreme Court; or

(a1) the Constitutional Court; or

(b) the Court of Appeal for Kenya,

in such cases (other than the cases referred to in subsection (1) or subsection (3) of this section) as may be prescribed by any law.

183. Supplementary.

Part 5 — Judicial Service Commission

184. Judicial Service Commission.

(1) There shall be a Judicial Service Commission which shall consist of:

(a) the Chief Justice, as Chairman;

(a1) the President of the Supreme Court, as Vice-Chairman;

(a2) the Attorney-General;

(b) one person who is for the time being designated in that behalf by the President, acting in accordance with the advice of the Chief Justice, from among the Constitutional Justices;

(b1) one person who is for the time being designated in that behalf by the President, acting in accordance with the advice of the President of the Supreme Court, from among the puisne judges of the Supreme Court; and

(c) two persons who are for the time being designated in that behalf by the President, acting in accordance with the advice of the Chairman of the Public Service. Commission, from among the members of that Commission.

(2) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.

(3) subject to the provisions of this Chapter, the Commission may by regulation or otherwise regulate its own procedure and, with the consent of the President in the case of a public officer serving on the establishment of the Government of Kenya or in the case of any authority of that Government and with the consent of the Governor in the ease of a public officer serving on the establishment of a Region or in the case of any authority of a Region may confer powers or impose duties on such an officer or authority for the purpose of the discharge of its functions.

(4) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

185. Appointment, etc., of judicial officers.

(1) The power to appoint persons to hold or act in any offices to which this section applies (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Judicial Service Commission.

(2) The Judicial Service Commission may, by direction in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more of its members or to any judge of the Supreme Court or to any person holding or acting in an office to which this section applies or, in the case of a power that relates to an office connected with the Constitutional Court or the Court of Appeal for Kenya, to any judge of that Court:

Provided that a power that relates to an office the holder of which is required to possess legal qualifications may not be delegated under this subsection except to one or more members of the Commission.

(3) The offices to which this section applies are:

(a) the office of Registrar or Deputy Registrar of the Court of Appeal for Kenya;

(a1) the office of Registrar or Deputy Registrar of the Constitutional Court;

(b) the office of Registrar or Deputy Registrar of the Supreme Court;

(c) the office of Senior Resident Magistrate or Resident Magistrate;

(d) the office of Kadhi;

(e) the office of president or member of any African court;

(f) the office of president or member of any subordinate court (other than an African court or the court of a Kadhi or the court of any magistrate who is authorized, by or under any law, to hold such a court by virtue of his holding or acting in any public office); or

(g) such other offices of member of any court or connected with any court as may be prescribed by Parliament.

CHAPTER XI — THE PUBLIC SERVICE OF KENYA

186. Public Service Commission.

(1) There shall be a Public Service Commission which shall consist of a Chairman, a Deputy Chairman and five other members.

(2) The members of the Commission shall be appointed by the President, acting in accordance with the advice of the Parliamentary Service Commission.

(3) A person shall not be qualified to be appointed as a member of the Commission if:

(a) he is, or has in the five years preceeding his appointment been, a President, a Vice-President, a Minister, a member of either House of the National Assembly, a Governor, a Lieutenant-Governor, an Executive Secretary, a member of a Regional Assembly or a member (other than ex officio, an appointed or a nominated member) of any Legislative Council established for Kenya by any Order of Her Maiesty in Council; or

(b) he is, or has in the five years preceeding his appointment been, nominated as a candidate for election as President or as Vice-President or as Governor or as Lieutenant-Governor or as a member of either House of the National Assembly or of a Regional Assembly or of any such Legislative Council; or

(c) he is, or has in the five years preceeding his appointment been, the holder of an office in any political organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as President or as Vice-President or as Governor or as Lieutenant-Governor or as a member of either House of the National Assembly or of a Regional Assembly or of such a Legislative Council or of any local government authority (whether established under Chapter XIII of this constitution or by or under any law in force at any time before 12th December 1963); or

(d) he is a public officer.

(4) A member of the Commission shall not, within a period of three years commencing with the day on which he last held or acted in the office of a member of the Commission, be eligible for appointment to or to act in any public office.

(5) Subject to the provisions of subsection (7) of this section, the office of a member of the Commission shall become vacant:

(a) at the expiration of three years from the date of his appointment; or

(b) if any circumstances arise that, if he were not such a member, would cause him to be disqualified to be appointed as such.

(6) A person holding the office of member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and may not be so removed except in accordance with the provisions of this section.

(7) A member of the Commission shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the President considers or any member of the Parliamentary Service Commission represents to the President that the question of removing a member of the Commission under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to him whether the member ought to be removed under this section.

(9) If the question of removing a member of the Commission has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Parliamentary Service Commission, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that that member should rot be removed.

(10) If the office of Chairman of the Commission is vacant or the Chairman is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, the Deputy Chairman or, if the office of Deputy Chairman is vacant or the Deputy Chairman is for any reason unable to perform the functions of the office of Chairman, such one of the other members as the President, acting in accordance with the advice of the Parliamentary Service Commission, may appoint shall act as Chairman; and the Deputy Chairman or the other member shall, subject to the provisions of subsections (5), (7) and (9) of this section, continue to act until a person has been appointed to the office of Chairman and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has assumed or resumed those functions.

(11) If the office of a member of the Commission other than the Chairman is vacant or if such a member is acting as Chairman under subsection (10) of this section or is for any other reason unable to exercise the functions of his office, the President, acting in accordance with the advice of the Parliamentary Service Commission, may appoint a person who is qualified to be appointed to be a member to act in place of that member; and any person so appointed shall, subject to the provisions of subsections (5), (7) and (9) of this section, continue to act until a person has been appointed to the office in which he is acting and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

(12) Subject to the provisions of this Chapter, the Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(13) Subject to the provisions of this Chapter, the Commission may by regulation or otherwise regulate its own procedure and, with the consent of the President in the case of a public officer serving on the establishment of the Government of Kenya or in the case of any authority of that Government and with the consent of the Governor in the case of a public officer serving on the establishment of a Region or in the case of any authority of a Region, may confer powers or impose duties on such an officer or authority for the purpose of the discharge of its functions.

(14) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

187. Structure, etc., of public service and establishments.

(1) Parliament may, to the exclusion of any Regional Assembly, prescribe, or make provision for the prescription of, the grades into which the several offices in the public service shall be divided, the qualifications for appointment to offices in any such grade and, subject to the provisions of Section 126 of this Constitution, the salaries, allowances and other terms of service of persons holding or acting in offices in any such grade.

(2) The establishment of the Government of Kenya, that is to say, the number of offices of each grade in the public service that are to be filled by persons employed by that Government, shall, subject to the provisions of this Constitution and of any Act of Parliament, be determined as provided by section 87 of this Constitution:

Provided that the President may, by regulations published in the Kenya Gazette, prescribe the number of offices of each grade in public service that are to constitute the offices on his personal staff.

(3) The establishment of each Region, that is to say, the number of offices of each grade in the public service that are to be filled by persons employed by that Region, shall, subject to the provisions of this Constitution and of any law made by the Regional Assembly of that Region, be determined as provided by section 106AB of this Constitution:

Provided that the Governor of each Region may, by regulations published in the Kenya Gazette, prescribe the number of offices of each grade in public service that are to constitute the offices on his personal staff.

188. Appointment, etc., of public officers.

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the Public Service (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission.

(2) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the Commission or, where the power relates to an office on the establishment of the Government of Kenya and with the consent of the Prime Minister, to any person holding or acting in an office on that establishment or, where the power relates to an office on the establishment of a Region and with the consent of the President of the Regional Assembly of that Region, to any person holding or acting in an office on the establishment of that Region.

(3) When the Public Service Commission has, in pursuance of subsection (2) of this section, delegated to a disciplinary authority, that is to say, one or more of its members or a person holding or acting in an office on the establishment of the Government of Kenya or of a Region, the power to exercise disciplinary control over any public officer (including the power to remove him from office) and that power has been exercised by the disciplinary authority, the officer in respect of whom it was so exercised may appeal from the decision of the disciplinary authority to the Public Service Commission:

Provided that, where the disciplinary authority is a person holding or acting in an office on the establishment of the Government of Kenya or of a Region, the Commission may require appeals to be made to a person holding or acting in an office on that establishment of higher rank than that of the disciplinary authority before they are made under this subsection to the Commission.

(4) The Public Service Commission may by regulation or otherwise provide for the time and manner of the making of appeals to it under subsection (3) of this section and all matters incidental to such appeals.

(5) Where an office on the establishment of the Government of Kenya or of any Region is vacant or the holder of that office is temporarily unable to exercise the functions of his office, the Minister for the time being responsible for the Public Service may represent to the Public Service Commission that there is an urgent need in the national interest for those functions to be exercised without delay and, accordingly, for another public officer to be appointed to or to act in that office, and he may, if he considers that the situation so requires, specify a particular public officer (being an officer who already holds or is acting in an office of the same grade as that office) as the officer to be so appointed; and, upon receiving any such representation, the Public Service Commission shall with all practicable speed make such an appointment, either substantive or on secondment, and, if the Minister has specified a particular public officer as the officer to be so appointed, shall so appoint that officer.

(6) The Public Service Commission shall, if requested so to do by the Minister for the time being responsible for the public service, second any public officer to undergo any course of training (whether within Kenya or abroad) that the Minister may specify, and the Public Service Commission shall, upon the termination of that course of training and if requested by the Minister so to do, appoint that officer to or to act in any public office on the establishment of the Government of Kenya or of any Region that is specified by the Minister, being an office of the grade then held by that officer.

(7) Subject to the provisions of subsections (5) and (6) of this section, the Public Service Commission shall, before appointing a person to or to act in any office on the establishment of the Government of Kenya or of any Region, consult with the Minister for the time being responsible for the Public Service or, as the case may be, the Executive Secretary of that Region for the time being responsible for Establishments regarding any special attributes (in addition to any qualifications prescribed under section 187(1) of this Constitution) which the Minister or the Executive Secretary would wish to be possessed by any person who is appointed to or to act in that office.

(8) Where a person has been appointed to or to act in any office on the establishment of the Government of Kenya or of a Region, the power to determine the appointment or post in which he shall serve or the duties which he shall carry out shall vest in the Government of Kenya or, as the case nay be, in the Region and shall be exercised in accordance with the provisions of section 72 (1) or section 105 (2) of this Constitution:

Provided that, in making any representation to the Public Service Commission under subsection (5) of this section, the Minister for the time being responsible for the public service may direct that any officer who, in pursuance of that subsection, is to be appointed by the Public Service Commission to or to act in any office shall serve in the same appointment or post or carry out the same duties as was served in or were carried out by the last person previously to exercise the functions of that office, and that officer shall thereafter not be removed from that appointment or post or relieved of those duties save with the consent of the Public Service Commission which shall, before giving such consent, consult the Minister.

(9) In exercising its powers under this section to appoint persons to hold or act in offices on the establishment of the Government of Kenya, the Public Service Commission shall endeavour to secure, as far as is practicable, that that establishment is staffed at every level by a reasonable number of persons from each Region and from the Nairobi Area.

(10) In exercising its powers under this section to appoint persons to hold or act in offices on the establishment of a Region, the Public Service Commission shall endeavour to secure, as far as is practicable, that that establishment is staffed at every level by a substantial proportion of persons from that Region.

(11) No person shall be appointed under this section to or to act in any office on the personal staff of the President except with the concurrence of the President.

(12) Before any of the powers conferred by this section in relation to the Clerk or a Clerk-Assistant of a House of the National Assembly are exercised by the Public Service Commission or any other person or authority, the Commission or that person or authority shall consult with the President of the Senate or the Speaker of the House of Representatives, as the case may be.

(13) Before the Public Service Commission or any other person or authority exercises its power under this section to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by this Constitution in the Judicial Service Commission, the Public Service Commission, or that person or authority shall consult with the Judicial Service Commission.

(14) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial Service Commission concurs therein.

(15) The provisions of this section shall not apply in relation to any of the following offices, that is to say:

(a) the office of a Constitutional Justice or a judge of the Supreme Court;

(b) the office of Attorney General;

(c) the office of Controller and Auditor-General;

(c1) any office to which section 47 of this Constitution (which relates to offices within the jurisdiction of the Parliamentary Service Commission) applies;

(d) so far as relates to appointments thereto or to act therein, the office of a permanent secretary or the office of the Secretary to the Cabinet;

(e) the office of Ambassador, High Commissioner or other principal representative of Kenya in any other country;

(e1) any office to which section 100 of this Constitution (which relates to offices within the jurisdiction of the Regional Assembly Service Commission) applies;

(f) so far as relates to appointments thereto or to act therein, the office of a permanent under-secretary or the office of Civil Secretary of a Region;

(g) any office to which section 185 of this Constitution (which relates to offices within the jurisdiction of the Judicial Service Commission) applies;

(h) the office of Inspector General of Police or any other office in the Police Force; or

(i) the office of Chief of any Branch of the Armed forces of the Republic or any other office in the Armed Forces of the Republic.

189. Attorney-General.

(1) The Attorney General shall be appointed by the President after consultation with the Public Service Commission and the Prime Minister.

(2) If the office of Attorney General is vacant or if the Attorney General is for any reason unable to exercise the functions of his office, the President may appoint a person to act as Attorney General, and any person so appointed shall, subject to the provisions of subsections (4), (6) and (8) of this section, continue to act until a person has been appointed to the office of Attorney General and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

(3)

(a) A person shall not be qualified to be appointed to hold or to act in the office of Attorney General unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.

(b) In this subsection "the specified qualifications" means the professional qualifications specified by the Advocates Ordinance (or by or under any law-amending or replacing that Ordinance) one of which must be held by any person before he may apply under that Ordinance (or under any such law) to be admitted as an advocate in Kenya.

(4) Subject to the provisions of subsection (6) of this section, the Attorney General shall vacate his office when he attains such age as may be prescribed by Parliament.

(5) A person holding the office of Attorney General may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(6) The Attorney General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the President that he ought to be removed for inability as aforesaid or for misbehaviour.

(7) If the President considers or the Prime Minister or the Chairman of the Public Service Commission represents to the President that the question of removing the Attorney General under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to him whether the Attorney General ought to be removed under this section.

(8) If the question of removing the Attorney General has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Public Service Commission may suspend the Attorney General from the exercise of the functions of his office and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the Attorney General should not be removed.

190. Controller and Auditor-General

191. Appointment of permanent secretaries, Secretary to the Cabinet and Director of Personnel.

The power to appoint a person to hold or act in the office of permanent secretary or Secretary to the Cabinet or Director of Personnel of the Government of Kenya shall vest in the President, acting after consultation with the Public Service Commission and the Prime Minister

192. Principal representatives of Kenya abroad.

(1) The power to appoint persons to hold or act in offices to which this Section applies and to remove from office persons holding or acting in such offices shall vest in the President, acting after consultation with the Minister for the time being responsible for Foreign Affairs.

(2) [Repealed].

(3) The offices to which this section applies are the offices of Ambassador, High Commissioner or other principal representative of Kenya in any other country.

193. Appointment of permanent under-secretaries, Civil Secretaries and Directors of Personnel of Regions.

The power to appoint a person to hold or act in the office of permanent under-secretary or Civil Secretary of a Region or Director of Personnel of a Region shall vest in the Governor of that Region, acting after consultation with the Public Service Commission and the Executive Council of that Region.

194. Liwalis and Mudirs in Coast Region.

(1) There shall be on the establishment of the Coast Region such offices of Liwali and such offices of Mudir as may be determined by a law made by the Regional Assembly of that Region or, subject to any such law, by the Governor of that Region.

(2) A person shall not be qualified to be appointed to hold or act in the office of Liwali or the office of Mudir unless he professes the Muslim religion.

(3) Before the Public Service Commission or any other person or authority exercises its power under section 188 of this Constitution to appoint any person to hold or act in the office of Liwali or the office of Mudir, the Commission or that person or authority shall make such consultation as it considers necessary or expedient with any other person or authority that appears to the Commission or to the first-mentioned person or authority to be qualified to advise on the needs and wishes of persons who:

(a) are resident in the former Protectorate, and

(b) profess the Muslim religion

or any group or groups of such persons:

Provided that a law made by the Regional Assembly of the Coast Region may establish or provide for the establishment of an advisory board for the purposes of this subsection and, if any such board is established, then, without prejudice to the foregoing provisions of this subsection, the Commission or the said person or authority shall, before exercising its power under this section to appoint a person to hold or act in the office of Liwali or the office of Mudir, consult that board.

195. Pensions laws and protection of pensions rights.

(1) The law to be applied with respect to any pensions benefits that were granted to any person before 12th December 1963 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall:

(a) in so far as those benefits are wholly in respect of a period of service as a public officer that commended before 12th December 1968, be the law that was in force on 11th December 1963; and

(b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commended after 11th December 1968, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. :(4) All pensions benefits shall (except to the extent to which, in the case of benefits under the Provident Fund Ordinance, the Widows and Orphans Pensions Ordinance, the Asiatic Widows and Orphans Pensions Ordinance and the Asian Officers Family Pensions Ordinance or under any law amending or replacing any of those Ordinances, they are a charge on a fund established by any of those Ordinances or by any such law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the Consolidated Fund.

(5) All sums, that, under any of the Ordinances referred to in sub-section (4) of this section or under any law amending or replacing any of those Ordinances, are to be paid by the Government of Kenya into any fund established by any of those Ordinances or by any such law or are otherwise to be paid by the Government of Kenya for the purposes of any of those Ordinances or any such law shall be a charge on the Consolidated Fund.

(6) Any person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside Kenya may, within a reasonable time after he has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Kenya:

Provided that nothing in this subsection shall be construed as preventing:

(a) the attachment, by order of a court, of any payment or part of any payment to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party to the extent to which such attachment is permitted by the law with respect to pensions benefits that applies in the case of that person; or

(b) the imposition of reasonable restrictions as to the manner in which any payment is to be remitted.

(7) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.

(8) References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

(9) For the purposes of this section:

(a) any office in any naval, military or air force established by or under any law made by any legislature in Kenya;

(b) to the extent to which pensions benefits in respect of service in such an office are payable under any of the Ordinances referred to in subsection (4) of this section or under any law amending or replacing any of those Ordinances, any office in the service of the East Africa High Commission or the East African Common Services Organization; and

(c) any office in the service of a body that is specified in Schedule 9 of this Constitution (which specifies certain bodies that are no longer in existence but in respect of former service in which pensions are payable out of Kenya funds)

shall be regarded as an office in the public service.

(10) Parliament may, to the exclusion of any Regional Assembly, make laws with respect to pensions benefits.

(11) The power conferred on Parliament by subsection (10) of this section shall include a power to make provision under which persons holding or acting in offices on the establishment of a Region may be required to make contributions to any fund established by any of the Ordinances specified in subsection (4) of this section or by any law amending or replacing any such Ordinance.

196. Power to withhold pensions, etc.

(1) Where under any law any person or authority has a discretion:

(a) to decide whether or not any pensions benefits shall be granted; or

(b) to withhold, reduce in amount or suspend any such benefits that have been granted,

those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.

(3) The Public Service Commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of Constitutional Justice, judge of the Supreme Court, Attorney-General, Controller and Auditor-General or Inspector-General of Police has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour.

(4) Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 185 of this Constitution applies has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Judicial Service Commission.

(5) Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office in the Police Force (or has held any office in any police force in Kenya before 12th December 1963) has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Police Service Commission.

(5A) Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office in the Police Force (or has held any office in any naval, military or air force in Kenya before 12th December 1964) has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Minister for the time being responsible for Defence and the Chief of each branch of the of the armed forces of the Republic.

(6) In this section "pensions benefits" means any pensions, compensation, gratuities or other allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.

(7) For the purposes of this section:

(a) any office in any naval, military or air force established by or under any law made by any legislature in Kenya;

(b) to the extent to which pensions benefits in respect of service in such an office are payable under any of the Ordinances referred to in section 196(4) of this Constitution or under any law amending or replacing any of those Ordinances, any office in the service of the East Africa High Commission or the East African Common Services Organization; and

(c) Any office in the service of a body that is specified in Schedule 9 of this Constitution (which specifies certain bodies that are no longer in existence but in respect of former service in which pensions are payable out of Kenya funds)

shall be regarded as an office in the Public Service.

CHAPTER XII — LAND

Part 1 — Central Land Board.

197. Establishment of Central Land Board.

(1) There shall be a Central Land Board which shall consist of:

(a) a Chairman appointed by the President, acting after consultation with the Minister for the time being responsible for land settlement;

(b) a Deputy Chairman appointed by the President, acting after consultation with the Minister for the time being responsible for land settlement;

(c) such member representing the Government of Kenya as may for the time being be designated in that behalf by the President, acting after consultation with the Minister for the time being responsible for land settlement;

(d) such member representing each Region as may for the time being be designated in that behalf by the Governor of that Region, acting after consultation with the Executive Secretary for the time being responsible for Regional lands; and

(e) such member representing the owners of agricultural land that may be selected for purchase for the purposes of land settlement under section 198 of this Constitution as may for the time being be designated in that behalf by the President, acting after consultation with bodies which he considers to be representative of the said owners of agricultural land.

(2) No person shall be qualified to be appointed as Chairman, or Deputy Chairman if he is the President, the Vice-President, a Minister, an Assistant Minister, a member of either House of the National Assembly, a Governor, a Lieutenant-Governor, an Executive Secretary, or a member of a Regional Assembly, and no person shall be qualified to be appointed as Chairman or Deputy Chairman or designated as any other member of the Board if he is a public officer.

(3) Subject to the provisions of this section, the Chairman or the Deputy Chairman shall vacate his office—

(a) at the expiration of four years from the date of his appointment; or

(b) if any circumstances arise that, if he were not Chairman or, as the case may be, Deputy Chairman, would cause him to be disqualified to be appointed as such.

(4) A person holding the office of Chairman or Deputy Chairman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and may not be so removed except in accordance with the provisions of this section.

(5) The Chairman or the Deputy Chairman shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the President Considers or Minister for the time being responsible for land settlement represents to the President that the question of removing the Chairman or the Deputy Chairman under this section ought to be investigated, then:

(a) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

(b) the tribunal shall inquiry into the matter and report on the facts thereof to the President and recommend to him whether the Chairman or, as the case may be, the Deputy Chairman ought to be removed under this section.

(7) A member of the Board other than the Chairman and the Deputy Chairman shall vacate his office if any circumstances arise that, if he were not such a member, would cause him to be disqualified to be designated as such.

(8) If the question of removing the Chairman or the Deputy Chairman has been referred to a tribunal under this section, the President may suspend the Chairman or, as the case may be, the Deputy Chairman from the exercise of the functions of his office and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Chairman or, as the case may be, the Deputy Chairman should not be removed.

(9) If the office of Chairman is vacant or the Chairman is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the Deputy Chairman.

(10) If the office of Deputy Chairman is vacant or the Deputy Chairman is acting as Chairman under subsection (9) of this section or is for any other reason unable to exercise the functions of his office the Governor-General, acting after consultation with the Minister for the time being responsible for land settlement, may appoint a person who is qualified to be appointed as Deputy Chairman to act as Deputy Chairman; and any person so appointed shall, subject to the provisions of subsections (3), (5) and (8) of this section, continue to act until a person has been appointed to and has assumed the functions of the office of Deputy Chairman or, as the case may be, until the person in whose place he is acting has resumed those functions.

198. Functions and powers of Board.

(1) It shall be the duty of the Board:

(a) to select, for the purposes of land settlement schemes, agricultural land within the areas to which this section applies;

(b) to assess the fair purchase price for such land;

(c) to purchase such land by agreement with the owners thereof; and

(d) to convey to such persons as may, after consultation with the Minister for the time being responsible for land settlement, be nominated in that behalf by the Executive Secretary of the Region in which the land is situated who is for the time being responsible for Regional lands such estates, rights or interests in or over the land as may be necessary to give effect to a settlement scheme relating to the land.

(2) For the purpose of assisting the Government of Kenya and the Regions in the formulation and the implementation of land settlement schemes, the Board shall from time to time consult with the Central Settlement Committee established by paragraph 12(2) of Schedule 2 of this Constitution as to the future exercise by the Board of its functions under subsection (1)(a) of this section.

(3) The Board shall be a body corporate with perpetual succession and power to sue and be sued and, subject to the provisions of this Chapter, to do all such things as bodies corporate may lawfully do.

(4) Without prejudice to the generality of subsection (3) of this section, the Board may do all things that appear to it to be incidental or supplementary to the carrying out of any of its duties under subsection (1) of this section or otherwise to be necessary or expedient for or in consequence of the carrying out of any of those duties.

(5) The areas to which this section applies are the areas which, on 1st January, 1965, were Scheduled Areas for the purposes of the Agriculture Ordinance 1955, and the expression "agricultural land" shall, for the purposes of this section, be construed as referring to all land which was on that date agricultural land for the purposes of that Ordinance.

(6) In the exercise of its functions under paragraphs (a), (b) and (c) of subsection (1) of this section the Board shall not be subject to the direction or control of any other person or authority.

199. Procedure of Board.

(1) The Board shall not meet except by the authority of the Chairman who shall summon the Board to meet whenever he considers it necessary so to do:

Provided that the Chairman shall summon a meeting of the Board whenever he is requested so to do by not less than four of the members.

(2) The Chairman shall, so far as is practicable, attend and preside at all meetings of the Board, and, in the absence of the Chairman, the Deputy Chairman shall preside.

(3) The Board may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that:

(a) the Board may not act at any time when both the office of the Chairman and the office of the Deputy Chairman are vacant; and

(b) any decision of the Board shall require the support of a majority of all the members thereof.

(4) Subject to the provisions of this Chapter, the Board may regulate its own procedure.

200. Staff of Board.

(1) There shall be a Secretary to the Board who shall be assisted by such subordinate staff as the Board may decide.

(2) The Secretary to the Board shall be responsible, in accordance with such instructions as may be given to him by the Board, for arranging the business for and keeping the minutes of the Board and for the organization and supervision of the subordinate staff of the Board.

(3) The office of Secretary to the Board and offices on the subordinate staff of the Board shall not be regarded as public offices for the purposes of this Constitution except for the purposes of sections 41(1)(f), 48(2), 74C(1)(f), 96(1)(f), 106B(1)(f), 160(3)(d), 160(4), 186(3)(d) and 186(4) thereof (which relate to disqualification for election or appointment to certain offices), but this subsection shall not prevent the secondment of any public officer to act in the office of Secretary to the Board or in any office on the subordinate staff of the Board.

(4) The power to appoint persons to hold or act in the office of

Secretary to the Board or in offices on the subordinate staff of the Board (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Board but, before exercising any of its powers under this subsection, the Board shall consult the Public Service Commission.

201. Finances of Board, etc.

Part 2 — Land Tenure

202. Interpretation.

203. Confirmation of titles and interests in land.

204. Land vested in Regions.

205. Land vested in Government of Kenya;

206. Disposition of land by Regions.

207. Disposition of land by Government of Kenya.

208. Trust land.

209. Acquisition of land for Kenya Government purposes, and setting apart of Trust lan for Kenya Government or Regional purposes.

210. Land no longer required for Kenya Government or Regional purposes.

211. Escheat.

212. Purchase of head leases by Central Land Board.

213. Minerals and mineral oils.

214. Water.

Part 3 — Control over Transactions in Agricultural Land

215. Interpretation.

216. Application of this Part and establishment of divisions.

217. Divisional Land Control Boards.

218. Transactions affecting agricultural land.

219. Functions of Divisional Boards.

220. Appeals from Divisional Boards.

221. Power of Regional Assemblies to make laws.

222. Nairobi.

CHAPTER XIIA—PROVINCES

222A. Establishment of Provincial Authorities.

(1) Subject to the Provisions of sections 222D and 222E of this Constitution, there shall be for each Province a Provincial Commissioner and a Provincial Council.

(2) An law made by a Regional Assembly:

(a) specifying the functions and services to be carried out by the Provincial Commissioner;

(b) conferring functions on a Provincial Council; or

(c) conferring power on a Provincial Council to make laws,

may be general or specific, may be given for an indefinite period or for a specific period, and may be subject to such conditions or restriclions as may be specified in the Act.

222B. Provincial Commissioners

(1) The Governor of a Region shall appoint a Provincial Commissioner for every Province within that Region, and may suspend or remove from office any person so appointed.

(2) A Provincial Commissioner shall have power to:

(a) carry out (either directly or through others) such functions and services as may be specified by a law made by the Regional Assembly of the Region in which the Province is included;

(b) constitute such offices or authorities that he considers necessary or expedient for the carrying out of those functions and services; and

(c) make use of such officers or authorities of the Region or of the Government of Kenya as he considers necessary or expedient for the carrying out of his duties.

(3) The Provincial Commissioner shall, so far as practicable and subject to the provisions of this Constitution, consult the Provincial Council on matters of the exercise of his functions, but shall, in the exercise of his functions under this Constitution, not be otherwise be subject to the direction or control of any other person or authority.

(4) If the office of Provincial Commissioner is vacant or the Provincial Commissioner is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, the Vice-Chairman of the Provincial Council or, if the office of Vice-Chairman is vacant or the Vice-Chairman is for any reason unable to perform the functions of the office of Provincial Commissioner, such one of the other members of the Provincial Council as the Governor may appoint shall act as Chairman; and the Vice-Chairman or the other member shall, subject to the provisions of subsections (5), (7) and (9) of section 222C of this Constitution, continue to act until a person has been appointed to the office of Chairman and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has assumed or resumed those functions.

222C. Provincial Councils

(1) There shall be for each Province a Provincial Council which shall consist of:

(a) the Provincial Commissioner, as Chairman; and

(b) twelve other members, who shall be appointed by the Provincial Commissioner in accordance with the provisions of subsection (3) of this section.

(2) The Council shall elect a Vice-Chairman from among its members.

(3) The persons to be appointed as members of the Provincial Council shall be nominated by the parties represented in the Regional Assembly of the Region in which the Province is included, according to the proportion of votes cast for those parties in the Province.

(4) A member of the Council (other than the Provincial Commissioner) shall vacate his office at the expiration of three years from the date of his appointment:

Provided that:

(a) a member who was appointed to replace a member who has died or ceased to be a member before the expiration of his term of office shall vacate his office at the expiration of the remainder of that term; and

(b) a member who was appointed to fill a vacancy that was left unfilled when the Council was first constituted or was re-constituted at any time shall vacate his office on the date on which he would have vacated it if he had been appointed at that constitution or re-constitution.

(5) Subject to the provisions of subsections (4) and (6) of this section, the office of a member of the Council (other than the Provincial Commissioner) shall otherwise become vacant:

(6) A person holding the office of member of the Council (other than the Provincial Commissioner) may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and may not be so removed except in accordance with the provisions of this section.

(7) A member of the Council (other than the Provincial Commissioner) shall be removed from office by the Provincial Commissioner if the question of his removal from office has been referred to the Governor of the Region in which the Province is included and the Governor has recommended to the Provincial Commissioner that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(8) If the question of removing a member of the Commission under this section has been referred to the Governor, the Governor shall cause the Executive Council to inquire into the matter and report on the facts thereof to him, and, on the basis of the report of the Executive Council, he shall recommend to the Provincial Commissioner whether the member ought to be removed under this section.

(9) If the question of removing a member of the Commission has been referred to the Governor under this section, the Provincial Commissioner may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Provincial Commissioner and shall in any case cease to have effect if the Governor recommends to the Provincial Commissioner that that member should not be removed.

(10) If the office of a member of the Commission other than the Provincial Commissioner is vacant or if such a member is acting as Provincial Commissioner under section 222B(4) of this Constitution or is for any other reason unable to exercise the functions of his office, the Provincial Commissioner may appoint a person who is qualified to be appointed to be a member to act in place of that member; and any person so appointed shall, subject to the provisions of subsections (5), (7) and (9) of this section, continue to act until a person has been appointed to the office in which he is acting and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.

(11) Subject to the provisions of this Chapter, the Provincial Council shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(12) Subject to the provisions of this Chapter, the Provincial Council may by regulation or otherwise regulate its own procedure and may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

(13) Subject to the provisions of this Constitution, a Provincial Council shall have such functions as are conferred upon it by this Constitution and as may be conferred upon it by or under any Act of Parliament, including the power to make laws for the Province or any part thereof with respect to such matters as may be specified by a law made by the Regional Assembly of the Region in which the Province is included.

222D. Region consisisting of one Province

Where only one Province is included in any given Region, the provisions, of this Chapter (other than subsections (2) and (3) of section 236 of this Constitution) shall apply in relation to the local government of the Nairobi Area as if— shall apply in relation to the local government of the Nairobi Area as if—

222E. Region consisisting of one Province

The provisions of this Chapter (other than) shall apply in relation to the local government of the Nairobi Area as if— shall apply in relation to the local government of the Nairobi Area as if—

CHAPTER XIII—LOCAL GOVERNMENT

223. Interpretation.

In this Chapter:

"local government authority area" means the area of jurisdiction of any local government authority;

"the Executive Council" means, in relation to any local government authority or any local government authority area, the Executive Council of the Region in which that authority has jurisdiction or in which that area is situated;

"the Governor" means, in relation to any local government authority or any local government authority area, the Governor of the Region in which that authority has jurisdiction or in which that area is situated; and

"the Regional Assembly" means, in relation to any local government authority or any local government authority area, the Regional Assembly of the Region in which that authority has jurisdiction or in which that area is situated.

224. Establishment of local government authority areas and local government authorities.

(1) Each Region shall be divided into such local government authority areas as may for the time being be determined, in accordance with the provisions of this Chapter, by the Regional Assembly and each such area shall be either a municipality or a county as may for the time being be so determined.

(2) There may be established within each municipality or county such of the following further local government authority areas as may for the time being be determined, in accordance with the provisions of this Chapter, by the Regional Assembly, that is to say:

(a) within a municipality, one or more local council areas;

(b) within a county, one or more townships, county divisions or local council areas; and

(c) within a county division, one or more local council areas.

(3) For each local government authority area there shall be a local government authority as follows:

(a) for each municipality, a municipal council:

(b) for each county, a county council;

(c) for each township, a township authority;

(d) for each county division, either an urban council or an area council as the Regional Assembly may determine in accordance with the provisions of this Chapter; and

(e) for each local council area, a local council.

225. Township authorities.

A township authority shall be constituted in such manner as may be prescribed by or under a law made by the Regional Assembly and the provisions of sections 226, 226A, 227, 227A, 227B, 228, 229, 230, 231, 231A and 231B of this Constitution shall not apply in relation to township authorities.

226. Composition of local government authorities other than township authorities.

(1) Each local government authority shall consist of the following members, that is to say:

(a) such number of councillors (in this Chapter referred to as "elected councillors") as may be prescribed by or under a law made by the Regional Assembly who shall be elected in accordance with the provisions of section 226A of this Constitution;

(a1) One councillor (in this Chapter referred to as the "Chief") who shall be elected in accordance with the provisions of section 227 of this Constitution and shall have such executive power of the authority as may be prescribed by or under a law made by the Regional Assembly;

(a2) if it is so prescribed by or under a law made by the Regional Assembly, one councillor (in this Chapter referred to as the "Deputy Chief") who shall be elected in accordance with the provisions of section 227A of this Constitution and shall be the principal assistant of the Chief in the discharge of his functions;

(b) subject to the provisions of subsection (2) of this section, such number (if any) of councillors as may be prescribed by or under a law made by the Regional Assembly who shall be nominated or appointed in such manner as may be so prescribed; and

(c) in the case of a municipal council or a county council and subject to the provisions of subsection (3) of this section, such number (if any) of councillors (in this Chapter referred to as "aldermen") as may be prescribed by or under a law made by the Regional Assembly who shall be elected by the councillors who are not aldermen either from among their own number or from among any persons who are qualified to be elected as elected councillors of that authority.

(2) The number of persons who are to be nominated or appointed as councillors of any local government authority under subsection (1)(b) of this section shall not exceed one-third of the number of elected councillors prescribed for that authority under subsection (1)(a) of this section.

(3) The number of persons who are to be elected as aldermen of any municipal council or county council under subsection (1)(c) of this section shall not exceed one-third of the number of elected councillors prescribed for that authority under subsection (1)(a) of this section.

(4) The Chief of each local government authority shall be styled as follows, that is to say:

(a) the Chief of a municipal council shall be styled as the "Mayor";

(b) the Chief of a county council shall be styled as the "county Prefect";

(c) the Chief of an urban council shall be styled as the "urban Administrator"; and

(d) the Chief of an area council shall be styled as the "area Administrator"; and

(e) the Chief of a local council shall be styled as the "Chairman of the local council".

(5) The Deputy Chief of each local government authority shall be styled as follows, that is to say:

(a) the Deputy Chief of a municipal council shall be styled as the "Deputy Mayor";

(b) the Deputy Chief of a county council shall be styled as the "county Deputy Prefect";

(c) the Deputy Chief of an urban council shall be styled as the "urban Sub-Administrator"; and

(d) the Deputy Chief of an area council shall be styled as the "area Sub-Administrator"; and

(e) the Deputy Chief of a local council shall be styled as the "Vice-Chairman of the local council".

226A. Election of elected councillors.

(1) The whole of each local government authority area shall constitute an electoral area for the local government authority thereof:

Provided that the whole of each township, county division, or local council area (other than a local council area within a county division) within each county shall constitute an electoral area for the county council thereof.

(2) Each electoral area established under this section shall, in such manner as may be prescribed by or under a law made by the Regional Assembly, elect to the local government authority for the local government authority area of which it forms part or which it constitutes one or more elected councillors as may be so prescribed:

Provided that, unless only one elected councillor is elected for any given electoral area, the elected councillors for that area shall be elected by proportional representation, the method of determination of which shall include the application of the ratio between the total number of votes cast, and the total number of seats of elected councillors in the local government authority, so that such seats are distributed among the parties in proportion to their share of the votes, from a list or lists presented by any party contesting the election in the manner prescribed by or under a law made by the Regional Assembly.

(3) Every person who is registered in any electoral area as a voter shall, unless he is disqualified by any law made by the Regional Assembly from voting in local government elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in that electoral area for the elected councillors elected for that area in accordance with the provisions of any law in that behalf made by the Regional Assembly; and no other person may so vote.

(4) Notwithstanding the provisions of subsections (2) and (3) of this section, provision may be made by or under a law made by the Regional Assembly that, in lieu of the councillor or councillors to be elected to any county council by any electoral area within the county, there shall be a councillor or the same number of councillors appointed by the township authority, urban council, area council or local council of the township, county division, or local council area which constitutes that electoral area; and references in this Chapter to an elected councillor or to the election of any person or the nomination of any person for election as an elected councillor shall be construed as including references to a person appointed as a councillor in pursuance of this subsection or to the appointment of a person or the nomination of a person for appointment as a councillor in pursuance of this subsection.

227. Election of authority chiefs.

(1) Every person who is registered in any local government authority as a voter shall, unless he is disqualified by any law made by the Regional Assembly from voting in local government elections on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in that local government authority for the Chief of that authority in accordance with the provisions of any law in that behalf made by the Regional Assembly; and no other person may so vote.

(2) A person shall not be elected as Chief of a local government authority unless he is supported by a majority of all votes cast, and if no candidate is supported by such a majority, a further ballot shall be held fourteen days after that ballot:

Provided that, if in the first ballot no candidate is supported by the votes of a majority of all the members of the House, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall alone stand for election in the second ballot and the candidate who receives the higher number of votes in the second ballot shall be elected.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section:

(a) where no candidate for Chief of a local government authority is validly nominated, in lieu of election by the persons who are registered as voters, the Chief of the authority concerned shall be elected by the other councillors of that authority from among any persons who are qualified to be elected as elected councillors of that authority;

(b) in the case of equality of votes in the second ballot referred to in the proviso to subsection (2) of this section, in lieu of election by the persons who are registered as voters, the Chief of a local government authority shall be elected by the other councillors of that authority from among any candidates who are standing for election in the said second ballot;

(c) in lieu of election by the persons who are registered as voters, the Chairman of a local council shall be elected by the other councillors either from among their own number or from among any persons who are qualified to be elected as elected councillors of that local council; and

(d) provision may be made by or under a law made by the Regional Assembly that, in lieu of election by the persons who are registered as voters, a county Prefect shall be elected by the other councillors either from among their own number or from among any persons who are qualified to be elected as elected councillors of that county council.

227A. Election of deupty chiefs.

(1) Each candidate for Chief of a local government authority shall nominate a person, other than himself, as a candidate for Deputy Chief of that authority.

(2) A candidate for Deputy Chief of a local government authority shall be deemed to have been duly elected as Deputy Chief if the candidate for Chief who nominated him as candidate for Deputy Chief is duly elected as Chief of that authority.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section:

(a) in lieu of combined election with the Chairman of a local council by the persons who are registered as voters, the Vice-Chairman of a local council shall be elected, separately from the Chairman of that local council, by the other councillors either from among their own number or from among any persons who are qualified to be elected as elected councillors of that local council; and

(b) in respect of any county council for which provision is made under section 227(3)(d) of this Constitution, in lieu of combined election with the county Prefect by the persons who are registered as voters, a county Deputy Prefect shall be elected by the other councillors either from among their own number or from among any persons who are qualified to be elected as elected councillors of that county council.

228. Qualifications for election as an authority chief or deupty chief or elected councillor.

(1) Subject to the provisions of subsection (2) of this section and of section 230 of this Constitution, a person shall be qualified to be elected as a Chief, Deputy Chief or elected councillor of any local government authority if, and shall not be so qualified unless, at the date of his nomination for election, he is registered as a voter in that local government authority or, in the case of an urban council or an area council, he is registered as a voter in the county within which the urban council or area council has jurisdiction.

(2) Provision may be made by or under a law made by the Regional Assembly that any or all of the electoral areas into which a local government authority area is divided under section 227 of this Constitution shall elect elected councillors who are required to possess such qualifications additional to those specified in subsection (1) of this section as may be prescribed by or under such a law:

Provided that:

(a) the number of elected councillors who are required to possess such additional qualifluations shall not exceed one-third of the total number of elected councillors prescribed for the local government authority concerned; and

(b) at least one elected councillor elected by each electoral area shall not be required to possess such additional qualifications.

229. Qualifications for nomination, etc., as councillor other than an authority chief or deupty chief or elected councillor.

Subject to the provisions of section 230 of this Constitution, a law made by the Regional Assembly may prescribe, or may provide for the prescription of, qualifications to be possessed by persons who are to be nominated, appointed or otherwise selected as councillors (other than elected councillors) of any local government authority and may prescribe, or may provide for the prescription of, different qualifications for different classes of such councillors.

230. Disqualifications for councillors.

(1) A person shall not be qualified to be elected, nominated, appointed or otherwise selected as a councillor of a local government authority if, at the date of his nomination for election or at the date of his nomination, appointment or other selection, as the case may be:

(a) he is under sentence of death imposed on him by any court in Kenya; or

(b) be is, under any law in force in Kenya, adjudged or otherwise declared to be of unsound mind; or

(c) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kenya; or

(d) he holds or is acting in any office on the staff of that authority or of any other local government authority whose area of jurisdiction includes or is included in the area of jurisdiction of that authority, or if, within the five years immediately preceding that date, he has, under any law in that behalf made by the Regional Assembly, been surcharged in respect of the accounts of that authority to a sum of or exceeding 1,000 shillings or such greater sum as may for the time being be prescribed by or under a law made by the Regional Assembly.

(2) A law made by the Regional Assembly may prescribe, or may provide for the prescription of, disqualifications for nomination for election as a Chief, Deputy Chief or elected councillor or for nomination, appointment or other selection as a councillor of a local government authority additional to those specified in subsection (1) of this section and may prescribe, or may provide for the prescription of, different disqualifications for different classes of councillors.

(3) Without prejudice to the generality of subsection (2) of this section, a law made by the Regional Assembly may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified in that law and the functions of which involve responsibility for, or in connection with, the conduct

of any election to a local government authority or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a Chief, Deputy Chief or elected councillor of that local government authority.

(4) Without prejudice to the generality of subsection (2) of this section, a law made by the Regional Assembly may provide that a person who is convicted by any court of any offence that is prescribed by that law and that is connected with a Presidential, Parliamentary, Gubernatorial, Regional Assembly or local election or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as a Chief, Deputy Chief or elected councillor or to be nominated, appointed or otherwise selected as a councillor of a local government authority for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.

231. Tenure of seats of councillors.

(1) A Chief, Deputy Chief, or elected councillor of a local government authority shall vacate his seat on that authority if any circumstances arise that, if he were not such a councillor, would cause him to be disqualified to be elected as such under section 230(1) of this Constitution or under any law made in pursuance of section 230(2), section 230(3) or section 230(4) thereof.

(2) A councillor (other than a Chief, Deputy Chief or elected councillor) of a local government authority shall vacate his seat on that authority:

(a) if any circumstances arise that, if he were not such a councillor, would cause him to be disqualified to be nominated, appointed or otherwise selected as such a councillor under section 230(1) of this Constitution or under any law made in pursuance of section 230(2), section 230(3) or section 230(4) thereof; or

(b) in the case of a councillor belonging to a class of councillors for which, by virtue of a law made in pursuance of section 230(2) of this Constitution, different disqualifications have been prescribed from those prescribed for other classes of councillors, if any circumstances arise that, if he were not a councillor of that class, would cause him to be disqualified under that law to be nominated, appointed or otherwise selected as such.

(3) A law made by the Regional Assembly may provide that an elected councillor of a local government authority who was required, by or under a law made in pursuance of subsection (2) of section 228 of this Constitution, to possess any particular qualification additional to those specified in subsection (1) of that section shall vacate his seat on that authority if he ceases to possess that qualification.

(4) A law made by the Regional Asembly may provide that a councillor of a local government authority who was required, by or under a law made in pursuance of section 229 of this Constitution, to possess any particular qualification before he was nominated, appointed or otherwise selected as such a councillor shall vacate his seat on that authority if he ceases to possess that qualification.

(5) A law made by the Regional Assembly may, in order to permit any councillor of a local government authority who has been sentenced to death, adjudged or declared to be of unsound mind, adjudged or declared bankrupt, surcharged or convicted or reported guilty of any offence prescribed under section 230 (4) of this Constitution to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by a law made by the Regional Assembly, the decision shall not have effect for the purposes of this section until such time as may be so prescribed.

231A. Procedure in local government authorities.

(1) A local government authority shall not meet except by the authority of the Chairman thereof who shall summon the authority to meet whenever he considers it necessary so to do:

Provided that the Chairman shall summon a meeting of the authority whenever he is requested so to do by:

(a) the Chief of the authority; or

(b) not less than three councillors other than the Chief.

(2) The Chairman of a local government authority shall, so far as is practicable, attend and preside at all meetings of that authority, and, in the absence of the Chairman, there shall preside:

(a) the Vice-Chairman; or

(b) in the absence of the Vice-Chairman, such councillors as the authority may elect for that purpose.

(3) Save as otherwise provided by or under a law made by the Regional Assembly, any question proposed for decision in a local government authority shall be determined by a majority of the votes of the councillors present and voting, and on any question proposed for decision in the authority, the person presiding shall have both an original vote and a casting vote.

(4) A local government authority may, subject to the provisions of any law made by the Regional Assembly, act notwithstanding any vacancy in its membership or the absence of any councillors and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of a local government authority shall be the majority of councillors.

231B. Chairmen of authorities.

Provision may be made by or under a law made by the Regional Assembly that there shall be for a local government authority (other than a local council) a Chairman and a Vice-Chairman who shall both be elected by the councillors either from among their own number or from among any persons who are qualified to be elected as elected councillors of that authoirty; and references in this Chapter to a Chairman or Vice-Chairman of an authority shall be construed as including references to the Chief or Deputy Chief respectively of a local government authority for which no office of Chairman and a Vice-Chairman is established in pursuance of this section.

232. Audit of local government accounts.

(1) At least once in every calendar year the accounts of every local government authority shall be audited and reported upon by an auditor appointed in that behalf by the Executive Secretary.

(2) The auditor appointed under subsection (1) of this section for the purpose of auditing the accounts of any local government authority, and any person authorized by him in that behalf, shall have access to all books, records, reports and other documents which in his opinion relate to those accounts.

(3) The auditor appointed under subsection (1) of this section for the purpose of auditing the accounts of any local government authority shall submit his report on those accounts to that local government authority, the Regional Assembly, the Executive Secretary and the Minister for the time being responsible for local government.

233. Local Government Staff Commission.

234. Functions of Local Government Staff Commission.

235. Temporary replacement of local government authority by Commission

236. Procedure for establishing local government authorities, local government authority areas and electoral areas.

237. Laws relating to local government.

238. Nairobi.

CHAPTER XIV — ALTERATION OF REGIONAL BOUNDARIES

239. Agreement to alter Regional boundaries.

(1) Any two Regions that have a common boundary may, by agreement in writing between the respective Governors, alter that boundary in accordance with the provisions of this section.

(2) No agreement to alter the boundary between two Regions shall have effect unless it is subsequently approved by a law made by the Regional Assembly of each of those Regions and, after both those laws have come into operation, by a resolution of each House of the National Assembly.

(3) A Bill for a law under subsection (2) of this section shall not be passed by a Regional Assembly unless at the final reading of that Bill in the Regional Assembly it was supported by the votes of three-fifths of all the members thereof.

(4) An agreement made in pursuance of subsection (1) of this section shall, subject to the provisions of this Chapter, take effect on the date on which It is approved under subsection (2) of this section by resolution of the second House of the National Assembly to give such approval or on such later date as may be specified by or under the agreement.

240. Effect on Senate and Governorship of alteration of Regional boundaries.

(1) The alteration of the boundary between two Regions by virtue of an agreement made in pursuance of section 239 of this Constitution shall not affect the seat of any Senator.

(2) The alteration of the boundary between two Regions by virtue of an agreement made in pursuance of section 239 of this Constitution shall not affect the office of any Governor.

241. Effect on House of Representatives of alteration of Regional boundaries.

(1) The alteration of the boundary between two Regions by virtue of an agreement made in pursuance of section 239 of this Constitution shall not affect the seat of any member of the House of Representatives.

(2) The Electoral Commission shall, as soon as an alteration of the boundary between two Regions has taken effect under section 239(4) of this Constitution, review the number and boundaries of the constituencies forming part of the two Regions under section 49 of this Constitution and, in accordance with the provisions of the said section 49, make, by order, such alteration therein as it considers desirable in the light of the alteration of the Regional boundary and in the light of the review and, in particular, shall make such alteration therein as is necessary or expedient to secure that no constituency shall form part of more than one Region; but the order made by the Electoral Commission shall not take effect for the purpose of elections of Party-List or Constituency members of the House of Representatives in the Regions concerned or for the purpose of elections of Specially Elected Members of that House until the next dissolution of that House after the making of the order.

242. Effect on Regional Assemblies of alteration of Regional boundaries.

(1) A law made by a Regional Assembly under section 239(2) of this Constitution may, if it seems to the Regional Assembly to be necessary or expedient so to do in consequence of the alteration of the Regional boundary that is approved by that law, include provision for the alteration of the number or the boundaries of the constituencies into which the Region is divided, in accordance with section 93(2) of this Constitution, for the purpose of electing Constituency Members of the Regional Assembly.

(2) Subject to the provisions of subsections (3), (4) and (5) of this section, any alteration of the number or boundaries of constituencies that is made in pursuance of subsection (1) of this section by any law shall not affect the seat of any member of the Regional Assembly and shall not, until the next dissolution of the Regional Assembly after the alteration of the Regional boundary that is approved by that law has taken effect under section 239(4) of this Constitution, take effect for the purpose of elections to the Regional Assembly (including elections of Constituency, Party-List, or Specially Elected Members thereof).

(3) Where the area transferred from one Region to another in consequence of the alteration of a Regional boundary consists of or includes the whole of one or more constituencies, the Constituency Member of the Regional Assembly of the Region from which that area is transferred who represents any such constituency shall, at the date on which the alteration of the Regional boundary takes effect under section 239(4) of this Constitution, cease to be a Constituency Member of that Regional Assembly and shall instead become a Constituency Member of the Regional Assembly of the other Region as if he had been elected as such under the provisions of this Constitution and notwithstanding that, under this Constitution or any other law relating to elections to that other Regional Assembly, he may not be qualified to be elected as such; and, until that other Regional Assembly next stands dissolved, he shall not vacate his seat therein unless any circumstances arise that, if he had remained a member of the former Regional Assembly, would have caused him to vacate his seat as such.

(4) Where the area transferred from one Region to another in consequence of the alteration of a Regional boundary consists of part only of one or more constituencies or includes, in addition to the whole of one or more constituencies, part only of one or more constituencies, that area or, as the case may be, the part of that area that consists of part only of one or more constituencies shall, as soon as is practicable after the alteration in the Regional boundary has taken effect under section 239(4) of this Constitution, be established by a law made by the Regional Assembly of the Region to which it is transferred as a new constituency for the election of a Constituency Member of that Regional Assembly under subsection (5) of this section:

Provided that, where that area or the said part thereof, consists of two or more separate areas not having a common boundary, the law made by the Regional Assembly may establish any one of those areas as a separate constituency.

(5) As soon as is practicable after any new constituency has been established under subsection (4) of this section, elections shall be held in accordance with the provisions of Part 2 of Chapter VI of this Constitution for the election of a Constituency Member of the Regional Assembly in that constituency.

(6) The provisions of subsections (2), (3), (4) and (5) of this section shall, until the next dissolution of the Regional Assembly after the alteration of the Regional boundary has taken effect under section 239(4) of this Constitution, have effect notwithstanding the provisions of sections 93(1) and 93(2) and the proviso to section 104 of this Constitution.

243. Effect on local government within Region of alteration of Regional boundaries.

CHAPTER XV — MISCELLANEOUS

244. Resignations

(1) Any person who is appointed, elected or otherwise selected to any office established by this Constitution, including the office of President or Vice-President, or any office of Minister or Executive Secretary established under this Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or otherwise selected:

Provided that:

(a) the resignation of a person from the office of President shall be addressed to the Chief Justice and both Houses of the National Assembly;

(a1) the resignation of a person from the office of Vice-President shall be addressed to the President and both Houses of the National Assembly;

(a2) the resignation of a person from the office of Deputy Prime Minister shall be addressed to the Prime Minister;

(a3) the resignation of a person from the office of President, Deputy President, Speaker or Deputy Speaker of either House of the National Assembly shall be addressed to that House;

(a4) the resignation of a person from the office of Vice-Speaker of the House of Representatives shall not require the resignation of such person from the office of Deputy Speaker of that House;

(b) the resignation of a person from the office of Chairman or Deputy Chairman of a Regional Assembly shall be addressed to the Regional Assembly;

(b1) the resignation of a person from the office of Vice-Chairman of a Regional Assembly shall not require the resignation of such person from the office of Deputy Chairman of the Regional Assembly;

(c) the resignation of any person from the office of member of either House of the National Assembly or a Regional Assembly shall be addressed to the Speaker or the President of that House or the Chairman of that Regional Assembly;

(d) the resignation of any person from the office of Chairman or member of a committee of either House of the National Assembly or a joint committee of the two Houses of the National Assembly or a committee of a Regional Assembly shall be addressed to the Speaker or President of that House or, in the case of a member of such a joint committee, to the Speaker or President of the House of which that person is a member or to the Chairman of that Regional Asembly, as the case may require;

(e) the resignation of a person from the office of Governor shall be addressed to the President and the Regional Assembly;

(f) the resignation of a person from the office of Lieutenant-Governor shall be addressed to the Governor and the Regional Assembly; and

(g) the resignation of a person from the office of Comptroller and Auditor-General shall be addressed to the Chief Justice, both Houses of the National Assembly, and every Regional Assembly.

(2) The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorized by that person or authority to receive it.

245. Reappointments and concurrent appointments.

(1) Where any person has vacated any office established by this Constitution, including the office of President, Vice-President, Governor or Lieutenant-Governor, or any office of Minister or of Executive Secretary established under this Constitution, he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.

(2) Where this Constitution vests in any person or authority the power to make any appointment to any office (other than the office of President, Vice-President, Governor or Lieutenant-Governor), a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

246. Kenya Gazette.

(1) There shall be a Kenya Gazette which shall be maintained and published by the Government of Kenya.

(2) It shall be the duty of the Government of Kenya to publish with all practicable speed in the Kenya Gazette all matters that are required by this Constitution or any other law to be published therein (including matters which are so required to be published by a Region and which are transmitted for that purpose by the Region):

Provided that the foregoing provisions of this subsection shall be without prejudice to:

(a) the right of the Government of Kenya or of any Region to publish any such matter in any additional way that seems fit to the Government of Kenya or to that Region; or

(b) the right of the Government of Kenya to publish any other matter in the Kenya Gazette or in any other way that seems fit to the Government of Kenya; or :::(c) the right of any Region to publish any other matter in any other way that seems fit to that Region.

247. Interpretation.

(1) In this Constitution, unless the context otherwise requires:

"African court" means any court established under the African Courts Ordinance or by or under any law amending or replacing that Ordinance;

"the former Colony of Kenya" means the territory that, on 11th December 1963, was comprised in the Colony of Kenya;

"common mineral" means clay, murrum, sand, soda (except soda forming part of the Lake Magadi soda deposit), limestone, sandstone or other stone (not being a precious or semi-precious stone) and such other mineral substances as may for the time being be declared by or under an Act of Parliament to be a common mineral;

"the Commonwealth" means Kenya, any country to which section 9 of this Constitution applies and any dependency of any such country;

"Constitutional Justice" means a judge of the Constitutional Court;

"the Court of Appeal for Kenya" means any court established under section 177 of this Constitution;

"financial year" means the period of twelve months ending on the 30th June in any year or on such other day as Parliament may prescribe;

"Kenya" means the territory comprised in the former Colony of Kenya and the former Protectorate;

"oath" includes affirmation;

"the oath of allegiance" means the oath of allegiance prescribed in Schedule 11;

"the former Protectorate" means the territory that, on 11th December 1963, was comprised in the Protectorate of Kenya;

"person" includes any body of persons corporate or unincorporate;

"political party" means a political party which is duly registered under any law which requires political parties to be registered, and which has complied with the requirements of any law as to the constitution or rules of political parties nominating candidates for President, for the National Assembly, for Governor or for a Regional Assembly;

"public office" means any office in the public service;

"public officer" means a person holding or acting in any public office;

"the public service" includes the public service of the Government of Kenya or of any Region at any time before 12th December 1963;

"session" means the period beginning when the two Houses of the National Assembly first meets after 11th December 1963 or after Parliament has at any time been prorogued (whether by dissolution of the House of Representatives or otherwise) and ending when Parliament is prorogued (whether by dissolution of the House of Representatives or otherwise);

"sitting" means, in relation to a House of the National Assembly, the period during which that House is sitting continuously without adjournment and includes any period during which it is in committee;

"subordinate court" means any court established for Kenya other than:

(a) the Constitutional Court; or

(b) the Court of Appeal for Kenya; or

(c) any court on which jurisdiction is conferred under section 176 of this Constitution; or

(d) the Supreme Court; or

(e) a court-martial; and

"writing" includes printing and any other mode of reproducing words in a visible form.

(2) In this Constitution, unless the context otherwise requires, references to offices in the public service:

(a) shall be construed as including references to the offices of Justices of Appeal, judges of the Supreme Court, Chief Kadhi and Kadhi and to the offices of members of all subordinate courts, being offices the emoluments attaching to which or any part of the emoluments attaching to which are paid directly out of monies provided by Parliament or a Regional Assembly; but

(b) shall not be construed as including references to the offices of members of any court on which jurisdiction is conferred under section 176 of this Constitution.

(3) In this Constitution references to a public office shall, subject to the provisions of sections 195 (9) and 196 (7) of this Constitution and of subsection (4) of this section, not be construed as including:

(a) references to the office of the President, Deputy President, Speaker or Deputy Speaker of either House of the National Assembly, the President, the Vice-President, the Prime Minister or any other Minister, an Assistant Minister, a member of the National Assembly, the Chairman or Deputy Chairman of a Regional Assembly, a member of a Regional Assembly, the Governor, the Lieutenant-Governor, any Executive Secretary, or the Chairman or a member of any committee of either House of the National Assembly or a Regional Assembly;

(b) references to the office of a member of any Commission established by this Constitution, a member of the Advisory Committee on the Prerogative of Mercy, a member of any co-ordinating and advisory body established under section 119 of this Constitution, a member of any Central Housing Board or Local Government Loans Authority established under section 149 of this Constitution, a member of the Advisory Commission to be appointed under section 156 of this Constitution, a member of an advisory board established in pursuance of the proviso to section 194(3) of this Constitution, a member of the Central Land Board, a member of a Divisional Land Control Board, a member of the Appeals Tribunal appointed under section 220 of this Constitution, a member of a local government authority, a member of a Commission appointed under section 235 of this Constitution to replace a local government authority, a member of a Commission of Inquiry appointed under section 236 of this Constitution, a member of any Commodity Board established under paragraph 2 of Schedule 2 of this Constitution, a member of the Agricultural Finance Corporation, a member of the Central Agricultural Board, a member of the Central Settlement Committee, a member of the National Forest Authority, a member of the Central Road Authority or a member of any such body as is referred to in paragraph 4(2) of Schedule 2 of this Constitution; or

(c) save in so far as may be provided by a law made by the legislature (whether Parliament or a Regional Assembly) having power to make laws with respect to that office, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law; or

(d) references to an office in any naval, military or air force.

(4) For the purposes of sections 41(1)(f), 48(2), 74C(1)(f), 96(1)(f), 106B(1)(f), 160(3)(d), 160(4), 186(3)(d) and 186(4) of this Constitution (which relate to disqualification for election or appointment to certain offices), offices in any naval, military or air force and offices in the East African Common Services Organization shall be regarded as public offices.

(5) For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.

(6) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorized to exercise the functions of that office.

(7) Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some specified person or authority, no person (other than a public officer) may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.

(8) References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:

Provided that—

(a) nothing in this subsection shall be construed as conferring on any person or authority the power to require a Constitutional Justice or a judge of the Supreme Court or the Attorney-General or the Inspector-General of Police to retire from the public service; and

(b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.

(9) Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.

(10) Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.

(11) No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.

(12) Where any power is conferred by this Constitution to make any order, regulation or rule or pass any resolution or give any direction or make any declaration or designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, resolution, direction, declaration or designation.

(13) Any reference in this Constitution to a law made before 12th December 1963 shall, unless the context otherwise requires, be construed as a reference to that law as it had effect on 11th December 1963.

(14) Any reference in this Constitution to a law that amends or replaces any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, or makes different provision in lieu of that other law.

(15) Except where the context otherwise requires, any powers conferred upon Parliament by this Constitution to establish, provide for or prescribe any matter or thing shall be exercisable by Act of Parliament.

(16) For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.

(17) Where the Constitution confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion arises.

(18) In this Constitution, unless the context otherwise requires:

(a) words importing the masculine gender shall include females, and words importing the feminine gender shall include males;

(b) words in the singular shall include the plural, and words in the plural shall include the singular.

(19) Where any order, regulation or rule, or any amendment or revocation thereof, made under a power conferred by this Constitution comes into operation on a particular day, the same shall come into operation at the beginning of that day.

Schedule 1—Matters to which executive authority of Regions extends.
[Sections 66, 72, 102 and 105]

PART I—MATTERS THAT ARE WITHIN THE EXCLUSIVE LEGISLATIVE COMPETENCE OF THE REGIONAL ASSEMBLIES

Item
1.	The following matters in relation to agriculture, that is to say: (a) the branding of livestock (but not the prescription of brands or the registration of brands); (b) institutions for agricultural and veterinary education at levels below diploma level; (c) farm planning advisory services (other than such services in connection with land settlement); (d) farmers' training centres; and (e) livestock improvement and animal husbandry, except services providing staff-training in relation to artificial insemination or providing semen for artificial insemination and except the National Sahiwal Stud.
2.	Archives (other than records of the Government of Kenya).
3.	Auction sales.
4.	Barbers and hairdressers.
5.	Community development (but not the Kabete Training School).
6.	Disorderly houses.
7.	Primary, intermediate and secondary education (including technical and trade schools) but not the following schools or institutions, that is to say: (a) the Alliance High School at Kikuyu; (b) the Alliance Girls' High School at Kikuyu; (c) the Holy Ghost College at Mangu; (d) the Loreto Convent at Limuru; (e) the Highlands School at Eldoret; (f) the Limuru Girls' School; the Maseno Secondary School; the Siriba College; any secondary technical school that provides boarding facilities for pupils; and any school for handicapped or disabled persons that, at any time after 31st May 1963, may, with the consent of the President of the Regional Assembly of a Region, be established in that Region by or under an Act of Parliament.
8.	Fire-prevention and fire-fighting.
9.	Funeral services, including burials and cremations.
10.	Hotels, lodging-houses, public restaurants, eating-houses, beer halls and other similar places of public resort.
11.	Housing.
12.	Itinerant traders, contractors and craftsmen.
13.	The licensing of traders.
14.	The machinery of Regional government (including the public relations of a Region, the collection of statistics for the purposes of Regional government and the protection of the official secrets of a Region but not the borrowing of moneys outside Kenya for the purposes of Regional government).
15.	Markets and fairs.
16.	The following matters in relation to medical institutions and facilities, that is to say: (a) hospitals other than: (i) the Port Reitz Chest Hospital at Mombasa; (ii) the Leprosarium at Itesio; (iii) any other specialist institution that may, at any time after 31st May 1963, be established by or under an Act of Parliament; (iv) the Coast General Hospital; (v) the Machakos General Hospital; (vi) the Nyeri Hospital; (vii) the Nakuru Hospital; (viii) the Kisumu Provincial Hospital; and (ix) the Kakamega Hospital; (b) clinics other than- (i) clinics forming part of any of the institutions specified in paragraphs (i) to (ix) (inclusive) of paragraph (a) of this item; or (ii) any specialist clinic that may, at any time after 31st May 1963, be established by or under an Act of Parliament; (c) health services other than port health services or health services forming part of any of the institutions specified in paragraphs (i) to (ix) (inclusive) of paragraph (a) of this item or of such a clinic as is specified in paragraph (b) of this item; (d) dispensaries other than dispensaries forming part of any of the institutions specified in paragraphs (i) to (ix) (inclusive) of paragraph (a) of this item or of such a clinic as is specified in paragraph (b) of this item; (e) ambulance services other than ambulance services forming part of any of the institutions specified in paragraphs (1) to (ix) (inclusive) of paragraph (a) of this item or of such a clinic as is specified in paragraph (b) of this item; and (f) medical research and training institutions other than institutions forming part of any of the institutions specified in paragraphs (i) to (ix) (inclusive) of paragraph (a) of this item or of such a clinic as is specified in paragraph (b) of this item and other than the National Reference Health Centre at Karuri or the establishments at Mombasa and Kisumu of the Division of Insect-Borne Diseases.
17.	Common minerals.
18.	Noxious and dangerous trades.
19.	The suppression of nuisances.
20.	Pawnbrokers, second-hand dealers and money-lenders (but not banking).
21.	Places of public entertainment or recreation.
22.	Pounds.
23.	Public lavatories.
24.	Refuse and effluent disposal.
25.	Sewers and drains.
26.	Wash-houses and laundries.
27.	The protection and control of nomadic peoples and (without prejudice to the generality of the foregoing) the matters provided for by the Outlying Districts Ordinance and the Special Districts (Administration) Ordinance.
28.	Any other matter which, under any provision of this Constitution (other than section 102, Chapter VII, section 147 (1) or any provision of Schedule 2 thereof), may be provided for by a law made by a Regional Assembly.

PART II—MATTERS THAT ARE WITHIN THE CONCURRENT LEGISLATIVE COMPETENCE OF PARLIAMENT AND THE REGIONAL ASSEMBLIES

Item
1.	The following matters in relation to agriculture, that is to say: (a) the manufacture and distribution of insecticides, pesticides, fertilizers and animal foodstuffs; (b) services for the improvement of the quality of, and facilities for the drying, cleaning and storage of, hides and skins; (c) facilities for the inspection, grading and storage of agricultural produce (other than livestock or meat at slaughter-houses that are established by or under an Act of Parliament); (d) the marketing of agricultural produce; and (e) the preservation, fertility, development and use of land.
2.	Antiquities and museums.
3.	Civil aerodromes.
4.	Cold storage works and meat depots.
5.	The registration and management of co-operative societies and associations comprising such societies,
6.	Economic development (but not light, heat, power, water or transport).
7.	Farm planning advisory services in connection with land settlement.
8.	Fishery services (but not the Fish Culture Farm at Sagana, the Trout Hatchery on the Sagana River or trout fisheries).
9.	Land settlement.
10.	Libraries.
11.	Medical research and training.
12.	National plans for social development, that is to say, the implementation of social development projects forming part of a national development plan that has been approved by resolution of each House of the National Assembly and that is financed out of monies provided by Parliament.
13.	Prevention of cruelty to animals.
14.	Public examinations at primary, intermediate and secondary levels of education (other than agricultural and veterinary education and other than in the institutions specified in paragraphs (a) to (j) (inclusive) of item 7 of Part I of this Schedule).
15.	Public health (other than the prevention and control of animal and plant diseases).
16.	The maintaining and securing of public safety and public order (but not immigration, emigration, deportation, extradition or fugitive offenders).
17.	The relief of distress and aid to the indigent.
18.	Slaughter-houses.
19.	The training of teachers.
20.	The regulation of voluntary agencies established for charitable, social, cultural or similar purposes.

PART III—MATTERS TO WHICH EXECUTIVE AUTHORITY OF REGIONS EXTENDS BUT WHICH ARE NOT WITHIN THE LEGISLATIVE COMPETENCE OF THE REGIONAL ASSEMBLIES

Item
1.	Adulteration of foodstuffs.
2.	Children and young persons (including youth services and the prevention of cruelty to children but not including employment or the treatment of offenders).
3.	The maintenance of educational standards at primary, intermediate and secondary levels of education (other than agricultural and veterinary education and other than in the institutions specified in paragraphs (a) to (j) (inclusive) of item 7 of Part I of this Schedule).
4.	Extra-mural penal employment.
5.	Liquor licensing.
6.	Private street works.
7.	Probation services.
8.	Registration of births, deaths and marriages.
9.	Rent control.
10.	Scrap metals.
11.	Town and country planning.

Schedule 2—Special provisions relating to legislative powers and executive authority of Regions
[Section 118]

Agriculture

1. Advisory services to farmers

A Regional Assembly may and Parliament may not make laws with respect to the provision by the Region of advisory services to farmers (other than farm planning advisory services) and the executive authority of a Region shall extend to the implementation of such laws to the exclusion of the executive authority of the Government of Kenya:

Provided that nothing in this paragraph shall be construed as precluding Parliament from making laws with respect to the provision of such services by the Government of Kenya or as affecting the exclusive executive authority of the Government of Kenya with respect to the implementation of such laws.

2. Agricultural Commodity Boards

(1) Where, for the purpose of restricting the production of any agricultural commodity in Kenya, provision is made by or under an Act of Parliament for the determination of a national maximum in relation to that commodity (whether in terms of the amount of that commodity that is actually produced or in terms of the area of land given over to its production or in terms of the amount of that commodity for which a minimum price or a fixed price is guaranteed or in terms of the size or capacity of the plant used in processing that commodity or in any other way whatever), the function of dividing that maximum by allocating quotas to producers shall be performed by a Commodity Board established for that commodity in accordance with the provisions of this paragraph.

(2) Each Board established for the purposes of this paragraph shall be composed in such manner as may for the time being be prescribed by or under an Act of Parliament:

Provided that:

(a) the prescribed composition of each Board shall make provision for at least one member (hereinafter called a "Regional representative") representing each Region in which the commodity concerned is produced;

(b) the qualifications and disqualifications for appointment, the mode of appointment and, subject to the provisions of subparagraph (3) of this paragraph, the tenure of the office of the Regional representatives of any Region shall be determined by or under a law made by the Regional Assembly of that Region so, however, that they shall be persons who are themselves producers of that commodity;

(c) the prescribed composition of each Board shall make provision to ensure that if the Regional representatives do not constitute a majority of all the members of the Board, there shall be such further members who are themselves producers of that commodity as, together with the Regional representatives, will constitute such a majority; and

(d) the procedure of each Board shall be such as may be prescribed by or under an Act of Parliament and, subject thereto, as the Board itself determines; and, subject to its rules of procedure, a Board may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings so, however, that any decision of the Board shall require the concurrence of a majority of all the members thereof.

(3) Each member of a Board shall vacate his office at the expiration of two years from the date of his appointment (or, in the case of a person who was a member of a Board on 11th December 1963 and who continues to hold his office on 12th December 1963, on 12th December 1965):

Provided that:

(a) as soon as may be after a Board is first constituted or is reconstituted at any time (or, in the case of a Board established before 12th December 1963, as soon as may be after 11th December 1963) the Regional representatives and the other members of the Board shall each be divided by lot into two classes and the members in the first class shall vacate their offices at the expiration of one year from the date of their appointment (or, in the case of persons who were members of the Board on 11th December 1963, on 12th December 1964);

(b) a member who was appointed to replace a member who has died or ceased to be a member before the expiration of his term of office shall vacate his office at the expiration of the remainder of that term; and

(c) a member who was appointed to fill a vacancy that was left unfilled when the Board was first constituted or was re-constituted at any time shall vacate his office on the date on which he would have vacated it if he had been appointed at that constitution or re-constitution.

(4) A Board may carry out its functions under this paragraph by allocating a quota to a Region instead of to individual producers within the Region, and where the Board so proceeds the quota so allocated to the Region shall itself be divided among the individual producers in the Region in such manner as may for the time being be prescribed by or under a law made by the Regional Assembly of that Region.

(5) In this paragraph "agricultural commodity" includes dairy produce, meat and any other form of animal produce and any kind of crop.

3. Agricultural Finance Corporation

(1) There shall be an Agricultural Finance Corporation which shall be established in such manner as may for the time being be prescribed by or under an Act of Parliament so, however, that it shall contain at least one member representing each Region who shall be appointed by the Regional Agricultural Board of that Region established under the Agriculture Ordinance, the number of members who are to be so appointed to represent the Regions being the same in the case of all the Regions.

(2) The Corporation shall have such functions in relation to the provision of agricultural credit as may be conferred on it by any law.

4. Agricultural and veterinary education

(1) Parliament may and a Regional Assembly may not make laws with respect to the following matters relating to agricultural and veterinary education, that is to say:

(a) educational standards at any level of education;

(b) public examinations at any level of education;

(c) the Egerton Agricultural College; and

(d) any other institution providing agricultural or veterinary education (including the training of teachers of agricultural or veterinary science) at a level of or above diploma level,

and the executive authority of the Government of Kenya shall extend to those matters to the exclusion of the executive authority of any Region.

(2) The governing body of any institution that is referred to in subparagraph (c) or subparagraph (d) of subparagraph (1) Of this paragraph shall be composed in such manner as may for the time being be prescribed by or under an Act of Parliament so, however, that it shall contain at least one member representing each Region who shall be appointed by the Governor of that Region, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions.

(3) Until such time as it is declared by or under an Act of Parliament that there exists in each Region an institution which provides (or institutions which between them provide) agricultural and veterinary education at all levels up to (but not of or above) diploma level, Part I of Schedule I of this Constitution shall have effect as if item 1(b) thereof which relates to institutions for agricultural and veterinary education at levels below diploma level) were omitted therefrom.

5. Agricultural and veterinary research

(1) A Regional Assembly may and Parliament may not make laws with respect to the establishment by the Region of institutions for agricultural and veterinary research and the management of institutions so established, and the executive authority of a Region shall extend to the implementation of such laws to the exclusion of the executive authority of the Government of Kenya:

Provided that nothing in this paragraph shall be construed as precluding Parliament from making laws with respect to the establishment by the Government of Kenya of such institutions and the management of institutions so established or as affecting the exclusive executive authority of the Government of Kenya with respect to the implementation of such laws and any such institution that was established before 1st June 1963 shall be deemed to have been established by the Government of Kenya under this proviso.

(2) Parliament may and a Regional Assembly may not make laws with respect to the co-ordination of agricultural and veterinary research conducted in the institutions of two or more Regions or of one or more Regions and the Government of Kenya, and the executive authority of the Government of Kenya shall extend to such co-ordination to the exclusion of the executive authority of any Region.

6. Animal disease control

(1) Subject to the provisions of this paragraph:

(a) Parliament may and a Regional Assembly may not make laws with respect to the prevention and control of animal diseases, including the control of the importation into Kenya and the exportation from Kenya of livestock and meat and the control of the movement of livestock and meat within Kenya; and

(b) the executive authority of the Government of Kenya shall extend to the matters specified in subparagraph (a) of this subparagraph to the exclusion of the executive authority of any Region.

(2) A Regional Assembly may make laws with respect to measures for the prevention and control of animal diseases other than notifiable diseases, and the executive authority of a Region shall, to the exclusion of the executive authority of the Government of Kenya, extend to such measures and to measures against East Coast Fever:

Provided that this subparagraph shall not apply in relation to measures:

(a) by way of the control of the importation, exportation or movement within Kenya of livestock or meat; or

(b) by way of the inspection and grading of livestock or meat at slaughterhouses that are established by or under an Act of Parliament; or

(c) for the control of the tsetse fly and for the prevention and control of trypanosomiasis.

(3) The Regional Assembly of any Region may and Parliament may not make laws with respect to the control of any movement of livestock or meat that takes place wholly within the Region, and the executive authority of a Region shall extend to the control of such movement to the exclusion of the executive authority of the Government of Kenya:

Provided that this subparagraph shall not have effect at any time when there is in force a declaration by or under an Act of Parliament that a notifiable disease is present within the Region.

(4) A law made by the Regional Assembly of any Region may prohibit or regulate

or may provide for the prohibition or regulation of the entry of livestock or meat into the Region whether from some other part of Kenya or direct from a country or territory outside Kenya:

Provided that this subparagraph shall not apply in relation to the transit of livestock through a Region on a route that is for the time being declared by or under an Act of Parliament to be a national stock route or through a port or airport that is so declared to be a national port or a national airport for the purposes of this subparagraph.

(5) In this paragraph "notifiable disease" means:

(a) East Coast Fever; and

(b) any other disease that is for the time being declared by or under an Act of Parliament to be a disease whose presence must, because of its national importance, be notified to such officer or authority as may be specified by or under any such Act.

7. Farm planning advisory services

The executive authority of the Government of Kenya shall extend to farm planning advisory services in connexion with land settlement.

8. Hides and skins improvement

The executive authority of the Government of Kenya shall extend to services for the improvement of the quality of, and facilities for the drying, cleaning and storage of, hides and skins.

9. insecticides, pesticides, fertilizers and animal foodstuffs

The executive authority of the Government of Kenya shall extend to the manufacture and distribution of insecticides, pesticides, fertilizers and animal foodstuffs.

10. Inspection, grading and storage of agricultural produce

The executive authority of the Government of Kenya shall extend to facilities for the inspection, grading and storage of agricultural produce (other than hides and skins).

11. Land preservation, etc.

The executive authority of the Government of Kenya shall extend to the preservation, fertility, development and use of land.

12. Land settlement

(1) The executive authority of the Government of Kenya shall extend to land settlement.

(2) For the purpose of ensuring consultation and co-operation between the Government of Kenya and the Regions in the planning and carrying out of land settlement schemes and in all matters relating thereto there shall be a Central Settlement Committee which shall consist of the following persons, that is to say:

(a) the Minister for the time being responsible for land settlement, as Chairman;

(b) if any other Minister is for the time being responsible for agriculture, that Minister; and

(c) the Executive Secretary of each Region who is for the time being responsible for agriculture.

(3) The permanent secretary of the department of the Government of Kenya that is for the time being responsible for land settlement shall carry out the duties or Secretary to the Committee, and there shall also attend the Committee in an advisory capacity the following other officers, that is to say:

(a) a public officer serving on the establishment of the Government of Kenya whose duties are concerned with land settlement and who is for the time being designated in that behalf by the Chairman;

(b) a public officer serving on the establishment of the Government of Kenya whose duties are concerned with agriculture and who is for the time being designated in that behalf by the Minister referred to in subparagraph (2)(b) of this paragraph (or, if there is no such Minister, by the Chairman); and

(c) a public officer serving on the establishment of each Region whose duties are concerned with agriculture and who is for the time being designated in that behalf by the Executive Secretary referred to in subparagraph (2)(c) of this paragraph,

but the Secretary to the Committee and the other officers shall not be regarded as members of the Committee or be entitled to vote on any question before the Committee.

(4) The Chairman may summon a meeting of the Committee whenever he considers it necessary so to do and shall summon the Committee to meet within 14 days of his receiving a request in that behalf from any member of the Committee.

(5) it shall be the particular duty of the Committee to consider land settlement schemes initiated by any Region and to assist that Region and the Government of Kenya is concerting measures for the implementation of such schemes.

(6) Before any public officer serving on the establishment of the Government of Kenya is posted to serve in any Region for the purpose of supervising the implementation of land settlement schemes, the Chairman of the Committee shall consult the Executive Secretary referred to in subparagraph (2)(c) of this paragraph.

13. Marketing of agricultural produce

The executive authority of the Government of Kenya shall extend to the marketing of agricultural produce.

14. Central Agricultural Board

(1) There shall be a central Agricultural Board which shall be established in such manner as may for the time being be prescribed by or under an Act of Parliament so, however, that it shall contain at least one member representing each Region who shall be appointed by the Governor of that Region, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions.

(2) It shall be the responsibility of the Board to advise the Government of Kenya and the Regions on questions relating to agriculture that are of concern to Kenya as a whole and the Board shall have such other functions as may be conferred on it by any law.

Education

15. General

(1) Parliament may and a Regional Assembly may not make laws with respect to the following matters, that is to say:

(a) educational standards at any level of education; and

(b) the terms of service of teachers at any level of education.

(2) The executive authority of the Government of Kenya shall extend to the terms of service of teachers at any level of education to the exclusion of the executive authority of any Region.

(3) The executive authority of the Government of Kenya shall extend to the following matters, that is to say:

(a) public examinations at any level of education; and

(b) the maintenance of educational standards at any level of education.

(4) This paragraph shall not apply to agricultural or veterinary education.

16. Scholarships from Regional funds for higher education

The Regional Assembly of any Region may make laws with respect to the grant out of any public funds of that Region or the funds of any local government authority Within the Region of scholarships and bursaries for the purpose of higher education, notwithstanding that higher education is not a matter specified in Schedule 1 of this Constitution, and the executive authority of the Region shall extend to the execution of any such law.

Miscellaneous

17. Antiquities and Museums

(1) The executive authority of the Government of Kenya shall extend to antiquities and museums.

(2) The Government of Kenya shall not remove the contents of any museum or any antiquity from the Region in which that museum is established or that antiquity is ordinarily situated without the consent of the Regional Assembly of that Region.

18. Civil Aerodromes

(1) The power of Parliament to make laws with respect to the following matters in relation to civil aerodromes, that is to say:

(a) the standards (whether in respect of safety, efficiency or otherwise) to be attained in the construction and maintenance thereof or of any buildings or installations thereon or connected therewith; and

(b) the standards (whether in respect of safety, efficiency or otherwise) to be attained in the provision and operation of services thereon or connected therewith, shall be to the exclusion of the power of any Regional Assembly so to do.

(2) The executive authority of the Government of Kenya shall extend to civil aerodromes.

19. Cold storage works, etc.

The executive authority of the Government of Kenya shall extend to cold storage works and meat depots.

20. Co-operative societies

The executive authority of the Government of Kenya shall extend to the registration and management of co-operative societies and associations comprising such societies.

21. Economic development

The executive authority of the Government of Kenya shall extend to economic development.

22. Forests

(1) The Regional Assembly of a Region may and Parliament may not make laws with respect to Regional Forests, that is to say, all forests within the Region other than forests for the time being designated under subparagraph (2) of this paragraph as Central Forests, and the executive authority of the Region shall extend to the establishment, management and operation of Regional Forests to the exclusion of the executive authority of the Government of Kenya.

(2) The Minister may, subject to the provisions of subparagraph (7) of this paragraph, designate any forest as a Central Forest.

(3) Parliament may and a Regional Assembly may not make laws with respect to Central Forests and the executive authority of the Government of Kenya shall extend to the establishment, management and operation of Central Forests to the exclusion of the executive authority of any Region.

(4) Provision may be made by or under a law made by a Regional Assembly for the dedication to the Government of Kenya of any area that is or is part of a Regional Forest and, while any such dedication is in force, the dedicated area shall, except for the purposes of section 140(5) of this Constitution (which relates to royalties on forest produce), be deemed to be a central Forest:

Provided that no dedication shall have effect without the consent of the Minister.

(5) There shall be a National Forest Authority which shall consist of the following members, that is to say:

(a) a Chairman, who shall be a person who is for the time being designated in that behalf by the President of the Supreme Court from among persons who hold one of the specified qualifications and have held one or other of those qualifications for a total period of seven years:

(b) Provided that so long as there is a Chairman of the Agricultural Appeals Tribunal established by section 193 of the Agriculture Ordinance, as that section was in force on 31st May 1963, he shall be the Chairman of the National Forest Authority;

(c) the Executive Secretary of each Region; and seven other members, being persons who are for the time being designated in that behalf by the Minister.

(6) The procedure of the National Forest Authority shall be such as may be prescribed by or under an Act of Parliament and, subject thereto, as the Authority itself determines; and, subject to its rules of procedure, the Authority may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Authority shall require the concurrence of a majority of all its members.

(7) Before exercising his powers under subparagraph (2) of this paragraph to designate a forest as a Central Forest or to revoke or amend any such designation, the Minister shall consult the National Forest Authority.

(8) Whenever the National Forest Authority considers it expedient that any particular task involved in the establishment, management or operation of a Central Forest should be carried out by public officers serving on the establishment of the Region in which that Forest (or the part of that Forest that is concerned) is situated rather than by public officers serving on the establishment of the Government of Kenya, it may give a direction to that effect and, if the Region is able and willing at its own expense) to make available to carry out the task public officers serving on its establishment who are both competent and adequate in number for that purpose, the Government of Kenya shall comply with that direction.

(9) Where public officers serving on the establishment of a Region are made available to carry out a task on behalf of the Government of Kenya under subparagraph (8) of this paragraph, they shall be subject to the direction of the Government of Kenya in the carrying out of that task.

(10) In addition to the functions conferred on it by subparagraphs (7) and (8) of this paragraph, it shall be the general responsibility of the National Forest Authority to advise the Government of Kenya and the Regions on matters relating to forests.

(11) In this paragraph:

(a) "the Minister" means the Minister for the time being responsible for forests;

(a1) "the Executive Secretary" means the Executive Secretary for the time being responsible for forests; and

(b) "the specified qualifications" means the professional qualifications specified by the Advocates Ordinance (or by or under any law amending or replacing that Ordinance) one of which must be held by any person before he may apply under that Ordinance (or under any such law) to be admitted as am advocate in Kenya.

23. Health

(1) Parliament may and a Regional Assembly may not make laws with respect to the following matters, that is to say:

(a) the standards to be attained in relation to the provision- and operation of services by or in connexion with any hospital, clinic, health service, dispensary, ambulance service or other like institution; and

(b) the inspection of any such institution for the purpose of securing compliance With any such standards,

and the executive authority of the Government of Kenya shall extend to those matters to the exclusion of the executive authority of any Region.

(2) Without prejudice to the provisions of subparagraph (1) of this paragraph, the executive authority of the Government of Kenya shall extend to the following matters, that is to say:

(a) medical research and training; and

(b) public health.

(3) This paragraph shall not apply in relation to animal or plant diseases or to institutions solely concerned therewith.

24. Libraries

The executive authority of the Government of Kenya shall extend to libraries.

25. National plans for social development

The executive authority of the Government of Kenya -shall extend to the implementation of social development projects forming part of a national development plan that has been approved by resolution of each House of the National Assembly and that is financed out of moneys provided by Parliament.

26. Prevention of cruelty to animals

The executive authority of the Government of Kenya shall extend to the prevention of cruelty to animals.

27. Public safety and public order

The executive authority of the Government of Kenya shall extend to the, maintaining and securing of public safety and public order.

28. Roads, bridges and ferries

(1) A Regional Assembly may and Parliament may not make laws with respect to roads, bridges and ferries other than roads that are for the time being declared by the Minister for the time being responsible for roads to be national or international trunk roads and other than bridges and ferries on roads that are for the time being so declared and the executive authority of a Region shall extend to roads, bridges and ferries (other than roads for the time being so declared and bridges and ferries on such roads) to the exclusion of the executive authority of the Government of Kenya.

(2) There shall be a central Road Authority which shall be established in such manner as may for the time being he prescribed by or under an Act of Parliament so, however, that it shall contain at least one member representing each Region who shall be appointed by the Governor of that Region, the number of members who are to be so appointed to represent the Regions being the same in the case of all Regions.

(3) Before exercising his powers under subparagraph (1) of this paragraph to declare that a road is a national or international trunk road or to revoke or amend any such declaration, the Minister for the time being responsible for roads shall consult the Central Road Authority.

(4) The provisions of this paragraph shall not apply in relation to private street works.

29. Slaughter-houses

The executive authority of the Government of Kenya shall extend to slaughter-houses.

30. Voluntary agencies

The executive authority of the Government of Kenya shall extend to the regulation of voluntary agencies established for charitable, social, cultural or similar purposes.

Schedule 3—Annual distribution for consumption of motor spirit and diesel oil.
[Section 152]

Situation of Oil Depot	Regions or Nairobi Area	Proportion
Nairobi Area	Nairobi Area	–
Mombasa	Coast	–
Nanyuki	Eastern	Two-fifths
	Central	Two-fifths
	Rift Valley	One-fifth
Thomson's Falls	Central	Two-thirds
	Rift Valley	One-third
Nakuru	Central	One-quarters
	Rift Valley	Three-quarters
Lumbwa	Rift Valley	One-half
	Nyanza	One-half
Eldoret	Rift Valley	Two-thirds
	Western	One-third
Kitale	Rift Valley	Two-thirds
	Western	One-third
Kisumu	Nyanza	Two-thirds
	Western	One-third

Schedule 4—Specially Entrenched Provisions
[Section 71]

Provisions	Extent to which provisions are specially entrenched	Type of Entrenchment
A. Kenya Independence Act 1963
Schedule 1.	Paragraph 6	Referendum
B. This Constitution
Chapter I	Whole Chapter	Referendum
Chapter II	Whole Chapter	Referendum
Chapter III	Whole Chapter	Referendum
Chapter IIIA	Whole Chapter	Referendum
Section 48A	Whole Section	Referendum and Ratification by Regional Assemblies
Section 71	Whole Section	Referendum and Ratification by Regional Assemblies
Section 71	Whole Section	Referendum
Section 71A	Whole Section	Referendum
Section 71B	In so far as does not relate to popular initiative for Acts of Parliament made under section 71 of this Constitution	Referendum
	In so far as it relates to popular initiative for Acts of Parliament made under section 71 of this Constitution	Referendum and Ratification by Regional Assemblies
Chapter VI	Whole Chapter	Ratification by Regional Assemblies
Chapter VIA	Whole Chapter	Referendum
Section 126	In so far as it relates to a Constitutional Justice or a judge of the Supreme Court	Referendum
Section 128	Whole Section	Referendum
Part 2 of Chapter VIII	Whole Part, excluding Section 136	Ratification by Regional Assemblies
Section 136	Whole Section	Referendum and Ratification by Regional Assemblies
Section 156	Whole Section	Ratification by Regional Assemblies
Chapter X	Whole Chapter	Referendum
Section 202	Whole Section	Referendum
Section 208	Whole Section	Referendum
Section 209	Whole Section	Referendum
Section 210	Whole Section	Referendum
Section 211	Whole Section	Referendum
Section 210	Whole Section	Referendum
Part 3 of Chapter XII	Whole Part	Referendum
Chapter XIV	Whole Chapter	Ratification by Regional Assemblies
Section 247	Whole Section	Referendum and Ratification by Regional Assemblies
Schedule 1	Whole Schedule	Ratification by Regional Assemblies
Schedule 4	Whole Schedule	Referendum and Ratification by Regional Assemblies
Schedule 7	Whole Schedule	Ratification by Regional Assemblies
Schedule 7bis	Whole Schedule	Ratification by Regional Assemblies
Schedule 8	Whole Schedule	Ratification by Regional Assemblies
Schedule 10	Whole Schedule	Referendum

Schedule 5—Election of Deputy Presidents of Senate.
[Section 44]

1.

(1) In this Schedule:

"by-election" means an election to fill a vacancy among the Deputy Presidents of the Senate occurring otherwise than under section 44(4)(a) of this Constitution, unless both offices of Deputy President become vacant before a by-election is held; or

"general election" means an election to fill the vacancies among the Deputy Presidents of the Senate occurring:

(a) under section 44(4)(a) of this Constitution; or

(b) otherwise than under section 44(4)(a) of this Constitution, if both offices of Deputy President are so vacated before a by-election is held.

(2) At any time when the office of President of the Senate is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this Schedule, those functions may be exercised by the Vice-President of the Senate, and in the absence of the President and Vice-President of the Senate, by the other Deputy President of the Senate.

2. Subject to the provisions of this Schedule, the Senate may make rules for the election of its Deputy Presidents.

3. Elections of the Deputy Presidents of the Senate shall be conducted by the President of the Senate and, subject to the provisions of this Schedule and of any rules made under paragraph 2 thereof, shall be conducted in such manner as he may direct.

4. The President of the Senate shall cause elections of the Deputy Presidents to be held—

(a) in the case of a general election, as soon as practicable during or after the first meeting of the Senate following any election of Senators or after the offices of both Deputy Presidents of the Senate have become vacant; and

(b) in the case of a by-election, as soon as practicable after a Deputy President of the Senate has vacated his office.

5. In the case of a general election of the Deputy Presidents, each Senator shall be entitled to cast two votes, but no Senator may cast more than one vote for any one candidate for election as Deputy President.

6. In the case of a by-election of the Deputy Presidents, each Senator shall be entitled to cast one vote.

7. When the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.

8. In the case of a general election of the Deputy Presidents, and subject to the provisions of paragraphs 10 and 12 of this Schedule, those persons shall be deemed to have been elected as Deputy Presidents who stand in the first and each succeeding place on the list until the number of persons to be elected as Deputy Presidents has been completed, and the person who stands in the first place on the list shall also be deemed to have been elected as Vice-President of the Senate.

9. in the case of a by-election of the Deputy Presidents, and subject to the provisions of paragraph 11 of this Schedule, the person who stands in the first place on the list shall be deemed to have been elected, and the Deputy President whose office was not affected by the by-election shall be deemed to have been elected as Vice-President of the Senate.

10. Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 9 of this Schedule exceeds the number of persons remaining to be elected as Deputy Presidents after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the Deputy Presidents; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Deputy Presidents was equal to the number of vacancies still remaining to be filled.

11. Where, in a by-election, two or more candidates equally receive the highest number of votes, no candidate shall be deemed to have been elected, and a further by-election shall be held, in accordance with the provisions of this Schedule, at which only those candidates who received the highest number of votes in the original by-election may again stand as candidates.

12. Where the number of persons to be elected at a general election is not completed by reason of the fact that votes were cast for a smaller number of candidates than the number of persons to be so elected, a further election shall be held to fill the vacancies still remaining among the Deputy Presidents; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Deputy Presidents was equal to the number of vacancies still remaining to be filled.

Schedule 6—Election of Specially Elected Members of House of Representatives.
[Section 39]

1.

(1) In this Schedule—

"by-election" means an election to fill a vacancy among the Specially Elected Members occurring otherwise than upon a dissolution of the House of Representatives;

"general election" means an election to fill a vacancy among the Specially Elected Members occurring upon a dissolution of of the House of Representatives; and

"the Speaker" means the Speaker of the House of Representatives.

(2) At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this Schedule, those functions may be exercised by the Vice Speaker of the House of Representatives, and in the absence of the Speaker and Vice Speaker of the House of Representatives, by each of the other Deputy Speakers of the House of Representatives, successively and in accordance with the order in which they take precedence among themselves.

2. Subject to the provisions of this Schedule, the House of Representatives may make rules for the election of its Specially Elected Members.

3. Elections of Specially Elected Members shall be conducted by the Speaker and, subject to the provisions of this Schedule and of any rules made under paragraph 2 thereof, shall be conducted in such manner as he may direct.

4.

(1) The Speaker shall cause elections of Specially Elected Members to be held:

(a) in the case of a general election, as soon as practicable after the holding of a general election of the Elected Members of the House of Representatives and before that House first meets after that general election; and

(b) in the case of a by-election, as soon as practicable after a vacancy has occurred among the Specially Elected Members.

(2) A meeting of the Elected Members of the House of Representatives that is held for the purpose of a general election shall be summoned by the Speaker.

(3) No other business than the holding of a general election may be transacted at any meeting of the House summoned under subparagraph (2) of this paragraph and such a meeting shall not be regarded as a meeting of the House for the purposes of any other provision of this Constitution:

Provided that nothing in this subparagraph shall be construed as precluding rules made by the House of Representatives in pursuance of section 62(1) of this Constitution from providing for the orderly conduct of the proceedings at such a meeting or as precluding an Act of Parliament made in pursuance of section 62(5) of this Constitution from providing for the powers, privileges and immunities of the House or the members thereof in connexion with such a meeting.

5. When there is more than one vacancy among the Specially Elected Members to be filled at any time otherwise than at a general election a separate by-election shall be held to fill each such vacancy.

6. In the case of a general election, each Elected Member shall be entitled to cast such number of votes as exceeds by one:

(a) where the total number of Specially Elected Members is an even number, one-half of the total number of Specially Elected Members; and

(b) where the total number of Specially Elected Members is an uneven number, the whole number next greater than one-half of the total number of Specially Elected Members,

but no Elected Member may cast more than one vote for any one candidate for election as a Specially Elected Member.

7. In the case of a by-election, each Elected Member shall be entitled to cast one vote.

8. When the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.

9. In the case of a general election, and subject to the provisions of paragraph 11 and 13 of this Schedule, those persons shall be deemed to have been elected as Specially Elected Members who stand in the first and each succeeding place on the list until the number of persons to be elected as Specially Elected Members has been completed.

10. In the case of a by-election, and subject to the provisions of paragraph 12 of this Schedule, the person who stands in the first place on the list shall be deemed to have been elected.

11. Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 9 of this Schedule exceeds the number of persons remaining to be elected as Specially Elected Members after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the Specially Elected Members; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Specially Elected Members was equal to the number of vacancies still remaining to be filled.

12. Where, in a by-election, two or more candidates equally receive the highest number of votes, no candidate shall be deemed to have been elected and a further by-election shall be held, in accordance with the provisions of this Schedule, at which only those candidates who received the highest number of votes in the original by-election may, again stand as candidates.

13. Where the number of persons to be elected at a general election is not completed by reason of the fact that votes were cast for a smaller number of candidates than the number of persons to be so elected, a further election shall be held to fill the vacancies still remaining among the Specially Elected Members; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Specially Elected Members was equal to the number of vacancies still remaining to be filled.

Schedule 6bis—Election of Party-List Members of House of Representatives.
[Section 38A]

1. Political parties contesting an election of the House of Representatives may nominate candidates for such election on lists of candidates prepared in accordance with this Schedule:

Provided that no party shall nominate more than one list.

2. The seats of Party-List Members of House of Representatives shall be filled from regional lists submitted by the respective parties, with a fixed number of seats, equal to the number of constituencies forming a part of each Region, reserved for that region.

3. A party's lists of candidates shall consist of a list for each Region, with such number of names on each list as the party may determine subject to item 4.

4. The lists of candidates submitted by a party, shall in total contain the names of candidates not less in number than, and not more than twice in number than, the total number of the Party-List Members of the House of Representatives reserved for each Region, and each such list shall denote such names in such fixed order of preference as the party may determine.

5. The seats shall be allocated per region to the parties contesting an election, as follows:

(a) A quota of votes per seat shall be determined in respect of each region by dividing the total number of votes cast in a region by the number of seats reserved for such region;

(b) The result shall be the quota of votes per seat in respect of a particular region;

(c) Any party which receives a number of votes equal to or greater than the quota shall be allocated one seat;

(d) The party with the highest allocation figure, after any recalculation has been carried out, shall be allocated additional seats;

(e) The allocation figure shall be calculated by dividing the number of votes given to a party by the square root of the aggregate of the number of seats already assigned to the party multiplied by the the number of seats already assigned to the party plus one; and

(f) An allocation figure shall not be calculated in respect of a Party which recieves a number of votes lesser than the quota.

6. Seats allocated to a party in a given Region shall be filled by the persons named on the party's regional list for that Region in the order in which they appear on that list.

7. In this schedule, "region" includes the Nairobi Area and "regional list" shall be construed accordingly.

Schedule 6ter—Election of Deputy Speakers of House of Representatives.
[Section 46]

1.

(1) In this Schedule—

"by-election" means an election to fill a vacancy among the Deputy Speakers occurring otherwise than upon a dissolution of the House of Representatives;

"general election" means an election to fill a vacancy among the Deputy Speakers Members occurring upon a dissolution of of the House of Representatives; and

"the Speaker" means the Speaker of the House of Representatives.

(2) At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him by this Schedule, those functions may be exercised by the Vice Speaker of the House of Representatives, and in the absence of the Speaker and Vice Speaker of the House of Representatives, by each of the other Deputy Speakers of the House of Representatives, successively and in accordance with the order in which they take precedence among themselves.

2. Subject to the provisions of this Schedule, the House of Representatives may make rules for the election of its Deputy Speakers.

3. Elections of the Deputy Speakers shall be conducted by the Speaker and, subject to the provisions of this Schedule and of any rules made under paragraph 2 thereof, shall be conducted in such manner as he may direct.

4. The Speaker shall cause elections of the Deputy Speakers to be held:

(a) in the case of a general election and subject to the provisions of section 45(5) of this Constitution, when the House of Representatives first meets after a dissolution thereof; and

(b) in the case of a by-election, as soon as practicable after a vacancy has occurred among the Deputy Speakers.

5. When there is more than one vacancy among the Deputy Speakers to be filled at any time otherwise than at a general election a separate by-election shall be held to fill each such vacancy.

6. In the case of a general election, each Member shall be entitled to cast such number of votes as exceeds by one:

(a) where the total number of Deputy Speakers is an even number, one-half of the total number of the Deputy Speakers; and

(b) where the total number of Deputy Speakers is an uneven number, the whole number next greater than one-half of the total number of the Deputy Speakers,

but no Member may cast more than one vote for any one candidate for election as a Deputy Speaker.

7. In the case of a by-election, each Member shall be entitled to cast one vote.

8. When the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.

9. In the case of a general election, and subject to the provisions of paragraph 11 and 13 of this Schedule, those persons shall be deemed to have been elected as Deputy Speakers who stand in the first and each succeeding place on the list until the number of persons to be elected as Deputy Speakers has been completed.

10. In the case of a by-election, and subject to the provisions of paragraph 12 of this Schedule, the person who stands in the first place on the list shall be deemed to have been elected.

11. Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 9 of this Schedule exceeds the number of persons remaining to be elected as Deputy Speakers after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the Deputy Speakers; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Deputy Speakers was equal to the number of vacancies still remaining to be filled.

12. Where, in a by-election, two or more candidates equally receive the highest number of votes, no candidate shall be deemed to have been elected and a further by-election shall be held, in accordance with the provisions of this Schedule, at which only those candidates who received the highest number of votes in the original by-election may, again stand as candidates.

13. Where the number of persons to be elected at a general election is not completed by reason of the fact that votes were cast for a smaller number of candidates than the number of persons to be so elected, a further election shall be held to fill the vacancies still remaining among the Deputy Speakers; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Deputy Speakers was equal to the number of vacancies still remaining to be filled.

Schedule 7—Election of Specially Elected Members of a Regional Assembly.
[Section 94]

Schedule 7bis—Election of Party-List Members of a Regional Assembly.
[Section 93A]

Schedule 8—Election of Deputy Chairmen of a Regional Assembly.
[Section 99]

Schedule 9—Bodies no longer in existence but former service in which is to count as public service for pensions purposes.
[Sections 195(9)(c) and 196(7)(c)]

Schedule 10—Local government authorities Substituted for county councils for the purposes of Parts 2 and 3 of Chapter XII.
[Section 44]

Schedule 11—Form of Oath of Allegiance.
[Sections 51, 74G, 74J, 83, 106F, 106I, 106X, 107, 117A, 174, 174E and 247]

I, ........................ , do swear in the name of God that I will be faithful and bear true allegiance to the Republic of Kenya, and that I will preserve, protect and defend the Constitution of Kenya as by law established. So help me God.

(NOTE — In the case of an affirmation, there shall be substituted for the word "do swear in the name of God" the words "solemnly affirm", and the words "So help me God" shall be omitted.)

EXPLANATORY NOTE

(This Note is not part of the Constitution, but is intended to indicate its general purport.)

The Constitution of the Republic of Kenya...

FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION

What are the fundamental principles contained in the Preamble to the Constitution?

(a) all persons in Kenya shall be equal before the law and shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, without racial, gender and all other forms of discrimination;

(b) the diversity of language and culture shall be acknowledged and protected, and the legitimate interests of all people in Kenya (including their religious and cultural interests) shall be protected and recognised in suh manner as is consistent with the promotion of national unity; The cultures of all peoples in Kenya together form the national culture, and this principle is a natural development of the principle that each state should respect and preserve its national culture. The state encompasses every kind of group opinion, and all opinions of individuals, and thus the legitimate interests of all people are protected and recognised.

(c) the territories now and hereafter included in Kenya shall be a Unitary State with the Regions enjoying such autonomy as is consistent with the interest of Kenya as a whole;

(d) the representation of the People shall be based on the principles of representative multi-party democracy, universal adult suffrage, a common voters' roll for all elections, and proportional representation;

(e) the People shall exercise their sovereign power by means of direct democracy (that is to say, by means of freely-conducted referendums and initiatives) where possible, and indirectly through democratic, representative institutions; All powers of the State ultimately come from the people. In such a context, and unlike in the context of a constitutional monarchy, allowing the powers of the State to be exercised only through their representatives serves as an aribtrary limit on, instead of providing the only channel for, the participation of the people in the government of the nation.

(f) there shall be a separation of powers between the legislature, executive and judiciary, with appropriate checks and balances, where the government is responsible to a freely-elected Parliament representative of the people and where the courts of law and the civil service are independent and impartial, to ensure accountability;

The above fundamental principles pervade the spiritual background of the Constitution of the Republic of Kenya, which gives form to them - as the text runs, "codified and prescribed" - in its provisions.

THE SYSTEM OF GOVERNMENT OF THE STATE

The Constitution of the Republic of Kenya makes provision for Kenya being a sovereign unitary republic with a devolved system of government under which the Regions enjoy a measure of autonomy, based upon the rule of law and the supremacy of the Constitution.

The system of government of the Centre stipulated by the Constitution is based on Parliamentary democracy with an executive President and a bicameral legislature, that is to say, being based on Parliamentary democracy subject to the principles:

1. That the Head of State and holder of the executive power shall be an elected President responsible to the people;

2. That the President shall be elected on an adult franchise by a method which insures direct election separate and distinct from general elections to Parliament;

3. That there shall be a Cabinet appointed by the President to assist him in the exercise of his executive functions, which, subject to the President being the holder of the executive power, shall be responsible to Parliament and shall be constituted on the basis of Parliamentary democracy;

4. That Parliament shall be the national legislature and shall consist of the President and a bicameral National Assembly, itself consisting of a Senate and a House of Representatives, and that the President shall have a power to veto legislation;

5. That the Senate and the House of Representatives shall enjoy, to the widest extent possible, but subject to speical powers given to the House of Representatives with respect to finance, equal legislative powers;

6. That Parliament as a whole shall be a permanent body which may be subject to dissolution only in case of a disagreement between the Houses, but the President shall have power to dissolve the House of Representatives at any time.

KENYA INDEPENDENCE ORDER-IN-COUNCIL, 1963

At the Court at Buckingham Palace, the 4th day of December 1963

Present, The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts 1887 and 1945, the Foreign Jurisdiction Act 1890, the Kenya Independence Act 1963 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Citation, commencement and construction.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

EXPLANATORY NOTE

(This Note is not part of the Order, but is intended to indicate its general purport.)

By virtue of the provision's of the Kenya Independence Act, 1963, Kenya will attain fully responsible status within the Commonwealth on 12th December 1963. This Order makes provision for a new Constitution for Kenya from that date.

THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 1964 [EXCERPTS]

[...]

Provisions	Amendment
[...]
Section 33.	Delete whole section and substitute the following:
[...]
	33N. Office of President. (1) There shall be a President of Kenya, who shall: (a) be the Head of State, Commander-in-Chief of the armed forces of the Republic and a symbol of national unity; (b) respect and uphold this Constitution; (c) promote and enhance the unity of the nation; and (d) promote respect for the diversity of the people and communities of Kenya. (2) The President shall, as Head of State: (a) have precedence over all other persons in Kenya; (b) represent the Republic in all its official functions; (c) receive the credentials of diplomatic envoys accredited to Kenya and sign the credentials of appointment of principal representatives of Kenya abroad; (d) sign treaties, agreements or conventions to which Kenya is a party which have been made and ratified in accordance with the provisions of section 87B of this Constitution; (e) exercise the Prerogative of Mercy in accordance with the provisions of section 88 of this Constitution; (f) grant or otherwise confer decorations, honours and awards; (g) declare war, where such a declaration has been approved by the Senate by a resolution in that behalf supported by votes of not less than three-fifths of all the Senators; and (h) otherwise engage in such symbolic or ceremonial activities as he thinks fit.

THE CONSTITUTION OF KENYA (AMENDMENT) ACT, 1964

ARRANGEMENT OF SECTIONS

PART I-PRELIMINARY

1-Short title, construction and commencement. 2-Interpretation.

3. Effect of Parts II and IV

If any provision of the amended Constitution is inconsistent with any provision of Parts II and IV of this Act, the latter provisions shall prevail.

3-Saving of specially entrenched provisions.

PART II-CONSTITUTIONAL CHANGES

4-Establishment of Republic of Kenya. 5-Amendment of Constitution. 6-Amendment of Kenya Independence Order in Council. 7-Amendment of Kenya Independence Act.

PART III. FIRST PRESIDENT OF KENYA

8. First President and first Vice-President

(1) The first President of Kenya shall be elected in accordance with this section.

(2) The Speaker (or, where any Order under this subsection is made after 12th December 1964, the President) of the Senate shall, not later than 30 days after the passing of this Act, by an Order under his hand which shall be published in the Gazette:

(a) appoint the date, time and place for the receipt by the Electoral Commission of the nomination paper of the Presidential candidates; and

(b) appoint the day on which a poll shall be taken in every constituency for the election of the President.

(3) The dates to be appointed under:

(a) paragraph (a) of subsection (1); and

(b) paragraph (b) of subsection (1),

shall be not less than twenty-one days and twenty-eight days respectively from the date of the Order referred to in subsection (1).

(4) The person who immediately before 12th December 1964 holds the office of Prime Minister under the Constitution shall be automatically nominated as a candidate for the office of first President, and any other person who is qualified to be elected as President under the amended Constitution may be nominated as a candidate for the office of first President either by:

(a) not less than 20 members of either House of the National Assembly; or

(b) any political party in Kenya.

(5) Nominations of candidates shall be in writing, signed by the proposer or proposers and shall be sent or delivered to the Office of the Speaker (or, where any nomination is received after 12th December 1964, the President) of the Senate on or before the nomination day and at the time and place specified in the Order referred to in paragraph (a) of section (1), and shall be accompanied by a notice in writing signed by the candidate and declaring his acceptance of the nomination. Where the candidate is nominated by a political party, the nomination paper shall be signed by the Secretary-General, Secretary or other person for the time being exercising the functions of the chief executive officer of the party.

(6) At the election of the first President the provisions of section 74E, or, as the case may be, section 74F, and, in all cases, of sections 74D(5), 74G(2) and 74G(3), of the amended Constitution shall have effect.

(7) In the election of the first President all persons who are registered as voters in elections to the Senate or to the House of Representatives under the Constitution shall be entitled to vote, and the conduct of that election shall be subject to the direction and supervision of the Electoral Commission.

9. President-designate.

Until 12th December 1964:

(a) there shall be a President-designate who shall be the person who has been declared to have been elected as first President under the provisions of section 4; and

(b) there shall be a Vice-President-designate who shall be the person who has been declared to have been elected as first Vice-President under the provisions of section 4.

10. Assumption of office.

(1) The President-designate and Vice-President-designate shall assume office as President and Vice-President respectively of the Republic of Kenya on 12th December 1964 as if they have assumed those offices in pursuance of the amended Constitution:

Provided that, where the office of President-designate or Vice-President-designate is vacant on 12th December 1964, the first President or, as the case may be, the first Vice-President shall likewise assume office as President or, as the case may be, as Vice-President as soon as he is declared to be elected.

(2) Where the office of President-designate is vacant on 12th December 1964, the functions of the office of President shall be exercised, as from 12th December 1964 and until the the first President is declared to be elected by the first of the persons mentioned in section 74H(3) of the amended Constitution who is present and able to act.

11. President-designate's power to make appointments, etc.

Where by or under the amended Constitution the President has power to make any appointment or make any order or do any other thing, that power may be exercised by the President-designate before 12th December 1964 to such extent as may in his opinion be necessary or expedient to enable the amended Constitution to function as from 12th December 1964.

12. Appointment of Prime Minister-designate and Deputy Prime Ministers-designate.

Without prejudice to the powers of the President-designate under section 11 of this Act, he may before 12th December 1964 appoint a person from among the Elected Members of the House of Representatives to be Prime Minister-designate who, without further appointment, shall assume the office of Prime Minister on 12th December 1964, and two other persons, one from among the Elected Members of the House of Representatives and the other from among the Elected Senators, to be Deputy Prime Ministers-designate who, without further appointment, shall assume the offices of Deputy Prime Minister on 12th December 1964.

13. Oaths of First President, Vice-President and Ministers.

On 12th December 1964, or as soon as may be convenient thereafter, the President, the Vice-President, the Ministers and Assistant Ministers (formerly Parliamentary Secretaries) shall take and subscribe the oath of allegiance prescribed in the Eleventh Schedule to the amended Constitution, and the oaths for due execution of office prescribed for their respective offices in the amended Constitution, and all the said oaths shall be tendered and subscribed in accordance with the amended Constitution.

PART III. PROVISIONS RELATING TO REGIONAL REFORM

1. Continuance of existing Regional Authorities

(1) The Regional Assemblies established by law immediately before 12th December 1964 (hereinafter referred to as "the existing Regional Assemblies") shall stand dissolved on 15th July 1966, and the first elections of Governors and to the Regional Assemblies under the amended Constitution shall be held on 9th August 1966.

(2) Subject to the provisions of this Act, the existing provisions of the Constitution relating to the Regional Assemblies and the Executive Power of the Regions shall, notwithstanding the constitutional changes, continue in force, in relation to the existing Regional Assemblies, as from 12th December 1964 and until 15th July 1966, as if the constitutional changes relating to the Regional Assemblies and the Executive Power of the Regions have not been made, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the remainder of the amended Constitution.

11. President of Regional Assembly's power to make appointments, etc.

Where by or under the amended Constitution the Governor of a Region has power to make any appointment or make any order or do any other thing, that power may be exercised by the President of the Regional Assembly of that Region before 12th December 1964 to such extent as may in his opinion be necessary or expedient to enable the amended Constitution to function as from 12th December 1964.

9-President designate. IO-Assumption of office. II-President designate's power to make appointments, etc. I2-Appointment of Vice-President designate. 13-0aths of First President, Vice-President and Ministers.

PART IV--CONSEQUENTIAL PROVISIONS

Continuity of Laws and Legal Proceedings

PART rII-CONSEQUENTIAL PROVJSlONS 6-Existing laws. 7-Adaptation of existing laws.

(1) Save as may be provided in this Act or tn any other written law, and unless the context otherwise requires-

(a) any reference in an existing law to Her Majesty (whether or not that expression is used), or to the Crown, in respect of Kenya shall be read and construed as from 12th December 1964 as if it were a reference to the Republic of Kenya;

(b) any reference in an existing law to the Governor-General (including any reference to the Governor and Commander-in-Chief of the former Colony and Protectorate of Kenya, or to the Governor in Council, or any such reference which by reason of any law which have effect immediately before 12th December 1964 is to be read and construed as a reference to the Governor-General) shal1 be read and construed as from 12th December 1964 as if it were a reference to the President;

(c) any reference in an existing law to the Prime Minister shall be read and construed as from 12th December 1964 as if it were a reference to the President;

(d) any reference in an existing law to a Parliamentary Secretary shall be read and construed as from 12th December 1964 as if it were a reference to an Assistant Minister;

(e) any reference in an existing law to the Supreme Court shall, insofar as it relates to matters which, under the amended Constitution, fall under the jurisdiction of the Constitutional Court, be read and construed as from 12th December 1964 as if it were a reference to the Constitutional Court;

(e) any reference in an existing law to the Chief Justice shall, insofar as it relates to the Supreme Court, be read and construed as from 12th December 1964 as if it were a reference to the President of the Supreme Court;

(f) any reference in an existing law to the President or Vice-President of a Regional Assembly shall:

(i) insofar as it relates to the Regional Assembly, be read and construed as from 12th December 1964 as if it were a reference to the Chairman, the Vice-Chairman or a Deputy Chairman, as the case may be, of that Regional Assembly; and,

(ii) insofar as it relates to the Executive Power of the Region or otherwise does not relate to the Regional Assembly, be likewise read and construed as if it were a reference to the Governor or Lieutenant-Governor, as the case may be, of the Corresponding Region;

(g) any reference in an existing law to the Finance and Establishments committee of a Regional Assembly or to any other committee of a Regional Assembly (including, without prejudice to the generality of that expression, the Chairman or any other member of that committee) shall be read and construed as from 12th December 1964 as if it were a reference to the Executive Council or the Executive Secretary for the time being responsible for such matters as that committee has been designated under section 113 of the Constitution to deal with, as the case may be, of the Corresponding Region;

8-Prerogatives and privileges of Crown, 9-Existing offices. 10-Parliament.

(1) Subject to the provisions of section 65(4) of the Constitution, the House of Representatives shall, unless sooner dissolved, stand dissolved on 16th July 1965, and if the House is sooner dissolved before that date, the subsequent House shall stand dissolved on that date.

(2) Notwithstanding the provisions of section 42(3) of the Constitution and of section 6 of the Kenya Order in Council 1963, the Senate shall stand dissolved, and the terms of office of every Senator shall expire, on 15th July 1966.

(3) The Standing Orders of the Senate and the Standing Orders of the House of Representatives as in force immedi- ately before 12th December 1964 shall, except as may be otherwise provided by the Senate or the House of Representa- tives, as the case may be, continue in force as from that day, but all such Standing Orders shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the amended Constitution.

(2) Subject to the provisions of this Act, the existing provisions of the Constitution relating to the National Assembly shall, notwithstanding the constitutional changes, continue in force, in relation to each House of the National Assembly as established by law immediately before 12th December 1964, as from 12th December 1964 and until the date on which that House is under this section Dissolved and as if the constitutional changes relating to that House have not been made, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the remainder of the amended Constitution.

11-Standing Orders of Regional Assemblies. The Standing Orders of the Regional Assemblies as in force immediately before 12th December 1964 shall, except as may be otherwise provided by the Regional Assembly concerned, continue in force as from that day, but all such Standing Orders shall be construed with such modifications, adaptations. qualifications and exceptions as may be necessary to bring them into conformity with the amended Constitution.

12-Registers of voters. 13--Savings. 14-Legal proceedings. 18. Abolition of appeals to Judicial Committee and transitional provisions.

Continuity of Offices 19-Existing offices.

A1. isceJlaneous 28-Transitional financial provisions. 30-Constituencies. 31-Public Seal.