​CHAPTER FOUR—THE BILL OF RIGHTS
​
PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS

• 19—Rights and fundamental freedoms.
• 20—Application of Bill of Rights.
• 21—Implementation of rights and fundamental freedoms.
• 22—Enforcement of Bill of Rights.
• 23—Authority of courts to uphold and enforce the Bill of Rights.
• 24—Limitation of rights or fundamental freedoms.
• 25— Fundamental Rights and freedoms that may not be limited.

​PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS

• 26—Right to life.
• 27—Equality and freedom from discrimination.
• 28—Human dignity.
• 29—Freedom and security of the person.
• 30—Slavery, servitude and forced labour.
• 31—Privacy.
• 32—Freedom of conscience, religion, belief and opinion.
• 33—Freedom of expression.
• 34—Freedom of the media.
• 35—Access to information.
• 36—Freedom of association.
• 37—Assembly, demonstration, picketing and petition.
• 38—Political rights.
• 39—Freedom of movement and residence.
• 40—Protection of right to property.
• 41—Labour relations.
• 42—Environment.
• 43—Economic and social rights.
• 44—Language and culture.
• 45—Family.
• 46—Consumer rights.
• 47—Fair administrative action.
• 48—Access to justice.
• 49—Rights of arrested persons.
• 50—Fair hearing.
• 51—Rights of persons detained, held in custody or imprisoned.

PART 3—SPECIFIC APPLICATION OF RIGHTS

• 52—Interpretation of Part.
• 53—Children.
• 54—Persons with disabilities.
• 55—Youth.
• 56—Minorities and marginalised groups.
• 57—Older members of society.

PART 4—STATE OF EMERGENCY

• 58—State of emergency.

​PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION

• 59—Kenya National Human Rights and Equality Commission.

​CHAPTER FIVE—LAND AND ENVIRONMENT

​PART 1—LAND

• 60—Principles of land policy.
• 61—Classification of land.
• 62—Public land.
• 63—Community land.
• 64—Private land.
• 65—Landholding by non-citizens.
• 66—Regulation of land use and property.
• 67—National Land Commission.
• 68—Legislation on land.

​
PART 2— ENVIRONMENT AND NATURAL RESOURCES

• 69—Obligations in respect of the environment.
• 70—Enforcement of environmental rights.
• 71—Agreements relating to natural resources.
• 72—Legislation relating to the environment.

Introduction:
Citizenship is a fundamental aspect of belonging and identity within a nation. In the Constitution of Kenya 2010, comprehensive provisions are outlined to ensure the protection and regulation of citizenship in the country. This blog post will delve into the various aspects of citizenship in Kenya as enshrined in the Constitution, including entitlements, retention and acquisition, birthright citizenship, registration, dual citizenship, and the revocation process. Understanding these provisions is crucial for both citizens and those seeking to become citizens of Kenya.

Entitlements of Citizens:
Every citizen in Kenya is entitled to the rights, privileges, and benefits of citizenship, subject to the limits provided or permitted by the Constitution . These entitlements include the right to a Kenyan passport and any document of registration or identification issued by the State to citizens . These provisions ensure that citizens can enjoy the full benefits and exercise their rights within the country.

Retention and Acquisition of Citizenship:
The Constitution outlines provisions for both the retention and acquisition of citizenship. Retention refers to the ability of individuals to maintain their citizenship status, even if they acquire citizenship of another country . Additionally, the Constitution provides guidelines for the acquisition of citizenship, including through birth, registration, and adoption . These provisions ensure that individuals have avenues to become citizens of Kenya based on their circumstances and eligibility.

Citizenship by Birth:
Citizenship by birth is recognized under the Constitution, which states that a Kenyan citizen is a citizen by birth if they acquired citizenship under specific provisions or would have acquired citizenship if certain conditions were met . The Constitution also grants citizenship by birth to children found in Kenya whose nationality and parents are not known . These provisions ensure that individuals born in Kenya or found within its borders are granted citizenship, even in cases where their parentage may be unknown.

Citizenship by Registration:
The Constitution allows for citizenship by registration, which applies to individuals who have been married to a citizen for a period of at least seven years . Lawfully resident individuals who have been in Kenya for a continuous period of at least seven years can also apply for citizenship by registration . Furthermore, adopted children of citizens are entitled to be registered as citizens . These provisions provide avenues for individuals with certain connections to Kenyan citizens or who have resided in Kenya for a significant period to acquire citizenship.

Dual Citizenship:
Kenya recognizes dual citizenship, allowing its citizens to hold citizenship of another country alongside their Kenyan citizenship . This provision grants individuals the freedom to maintain their ties to Kenya while enjoying the benefits and opportunities of citizenship in another country. However, the Constitution also provides guidelines for the revocation of citizenship in specific circumstances.

Revocation of Citizenship:
The Constitution outlines the process for the revocation of citizenship in Kenya. Parliament has the authority to enact legislation establishing conditions for granting citizenship to individuals who are citizens of other countries . This legislation may also include provisions for the revocation of citizenship in specific cases . These provisions ensure that citizenship can be revoked in exceptional circumstances, such as cases involving national security or fraudulent acquisition of citizenship.

Conclusion:
The Constitution of Kenya 2010 provides comprehensive guidelines and provisions regarding citizenship in the country. These provisions ensure that citizens are entitled to their rights and privileges, and outline various pathways for individuals to acquire citizenship through birth, registration, and adoption. The recognition of dual citizenship allows Kenyan citizens to maintain connections with other countries, while the revocation process ensures that citizenship is protected and regulated in specific circumstances. Understanding the provisions of citizenship in Kenya is essential for individuals seeking to become citizens and for citizens themselves to exercise their rights and responsibilities within the nation.

Sources:

• Constitution of Kenya, 2010

Chapter Four of the Kenyan Constitution is dedicated to the Bill of Rights, which is considered an integral part of Kenya's democratic state. The Bill of Rights serves as a framework for social, economic, and cultural policies, with the purpose of preserving the dignity of individuals and communities, promoting social justice, and realizing the potential of all human beings [1].

This chapter encompasses various provisions and fundamental freedoms that are essential to ensuring a just and equitable society. It guarantees rights such as the right to life [3], equality and freedom from discrimination [3], human dignity [3], freedom and security of the person [3], privacy [3], freedom of conscience, religion, belief, and opinion [3].

Additionally, the Bill of Rights prohibits certain practices, such as slavery, servitude, and forced labor [3]. It also recognizes and protects other fundamental rights and freedoms that may not be limited [1].

The application of the Bill of Rights extends to all laws and binds all state organs and individuals [5]. It is the duty of the courts to interpret and enforce the provisions of the Bill of Rights, developing the law to the extent it does not give effect to a right or fundamental freedom [5]. This ensures that the rights and freedoms enshrined in the Constitution are upheld and protected.

The Bill of Rights reflects the essential values of human rights, equality, freedom, democracy, social justice, and the rule of law [3]. It affirms the sovereignty of the people and their right to determine the form of governance in the country [3].

In conclusion, Chapter Four of the Kenyan Constitution, which encompasses the Bill of Rights, plays a vital role in safeguarding the rights and freedoms of individuals in Kenya. It provides a legal framework to protect human dignity, promote social justice, and ensure that all citizens can fully realize their potential.

Sources:

• [1]: Constitution of Kenya, 2010, Chapter Four
• [3]: Constitution of Kenya, 2010, Part 2—Rights and Fundamental Freedoms
• [5]: Constitution of Kenya, 2010, Application of Bill of Rights

​Chapter One of the Constitution of Kenya, titled "Sovereignty of the People and Supremacy of this Constitution," addresses the fundamental principles that form the basis of the Kenyan governance system.

It begins by emphasizing the sovereignty of the people, highlighting the ultimate power and authority of the citizens in decision-making and shaping the nation's destiny. The chapter then asserts the supremacy of the Constitution itself, emphasizing that all laws and actions must conform to its provisions.

This ensures that the Constitution serves as the highest legal authority in the country, guiding and governing all aspects of governance and society.

​Additionally, the chapter emphasizes the importance of defending and protecting the Constitution, highlighting the collective responsibility to safeguard its integrity and principles against any threats or attempts to undermine it.

Chapter 11 of the Kenya Constitution 2010 is dedicated to the establishment and functioning of devolved government in Kenya. This chapter recognizes the importance of decentralizing power and resources to ensure effective governance, equitable distribution of resources, and enhanced checks and balances.

According to the available documents, the principles of devolved government are outlined in Section 175 of Chapter 11. These principles include the following:

1. Democratic Principles and Separation of Powers: County governments are based on democratic principles and the separation of powers, ensuring that decision-making processes are inclusive and representative.
2. Reliable Sources of Revenue: County governments are entitled to have reliable sources of revenue to enable them to govern and deliver services effectively. This provision emphasizes the importance of financial autonomy for county governments.
3. Gender Representation: No more than two-thirds of the members of representative bodies in each county government should be of the same gender. This provision aims to promote gender equality and inclusivity in county governance.

Section 176 of Chapter 11 establishes the structure of county governments. It states that each county shall have a county government consisting of a county assembly and a county executive. The county government is responsible for decentralizing its functions and the provision of services to the extent that it is efficient and practicable to do so.

The purpose of devolved government, as outlined in the available documents, is to ensure accessible services throughout Kenya, equitable sharing of national and local resources, and the decentralization of state organs, their functions, and services from the capital. Devolved government also aims to enhance checks and balances and the separation of powers, promoting effective governance at both the national and county levels.

Chapter 11 of the Kenya Constitution 2010 recognizes the importance of devolved government in promoting inclusive and participatory governance. It empowers county governments to have their own legislative and executive arms, allowing them to make decisions and provide services that are responsive to the needs of their respective counties.

In conclusion, Chapter 11 of the Kenya Constitution 2010 focuses on the establishment and functioning of devolved government in Kenya. It emphasizes the principles of democratic governance, financial autonomy, and gender representation in county governments. The chapter aims to ensure effective governance, equitable distribution of resources, and enhanced checks and balances. By decentralizing power and resources, Kenya seeks to promote inclusive and participatory governance at both the national and county levels.
​
Citation: The Kenya Constitution, 2010

​Chapter Five of the Constitution of Kenya, 2010, focuses on "Land and Environment." This chapter addresses key principles and policies concerning land, the environment, and natural resources in Kenya [2].

The first part of Chapter Five, "Land," includes provisions related to land policy, classification of land, and the different types of land ownership. It recognizes public land, community land, and private land, and sets guidelines for the regulation of land use and property. The chapter also establishes the National Land Commission and outlines the legislative framework for land-related matters [2].

The second part of the chapter, "Environment and Natural Resources," highlights the obligations to protect and conserve the environment. It emphasizes the enforcement of environmental rights and the importance of agreements relating to natural resources. Legislation regarding the environment is also discussed, underscoring the significance of sustainable practices and responsible management of natural resources [2].

Chapter Five reflects Kenya's commitment to sustainable development, the protection of natural resources, and the equitable use and management of land. It recognizes the interdependence between land and the environment, acknowledging the need to balance economic growth with environmental conservation [2].

Overall, Chapter Five of the Constitution of Kenya, 2010, lays the foundation for responsible land management, environmental conservation, and the promotion of sustainable development in the country. It provides a comprehensive framework to guide land-related decisions, protect environmental rights, and ensure the responsible use of natural resources [2].

Sources:

• [2]: Constitution of Kenya, 2010

Chapter 6 of the Constitution of Kenya, 2010 focuses on Leadership and Integrity. It establishes the principles and standards that public officers should adhere to in order to promote good governance, transparency, and accountability. The chapter encompasses various articles that address the qualifications, conduct, and responsibilities of individuals holding public office.

Article 73 outlines the principles and values that should guide public officers in their service to the people. These principles include integrity, transparency, accountability, and the promotion of national unity. Public officers are expected to uphold these values in the performance of their duties [1].

Article 75 establishes the qualifications for holding public office. It states that a person is eligible for appointment as a public officer if they possess the necessary qualifications, competence, and integrity required for the particular office. This provision ensures that individuals appointed to public positions are competent and capable of fulfilling their responsibilities [1].

Article 76 sets forth the responsibilities of public officers. It requires them to serve the people of Kenya with utmost dedication, honesty, and impartiality. Public officers are also expected to be responsive to the needs of the public and to act in the best interest of the country. This article emphasizes the importance of public officers in serving the public and advancing the welfare of the nation [1].

Article 77 establishes the code of conduct for public officers. It outlines the ethical standards that public officers should adhere to, including the avoidance of conflicts of interest and the declaration of their income, assets, and liabilities. This provision aims to promote transparency and prevent corruption in public service [1].

Article 79 establishes the Ethics and Anti-Corruption Commission, which is tasked with promoting and enforcing ethical standards among public officers. The commission has the authority to investigate cases of corruption, unethical conduct, and breaches of the code of conduct by public officers. This provision reinforces the commitment to combat corruption and ensure accountability in public service [1].

Overall, Chapter 6 of the Constitution of Kenya, 2010 underscores the importance of leadership and integrity in public service. It sets clear standards and expectations for public officers, promoting transparency, accountability, and ethical conduct. By upholding these principles, Kenya aims to foster good governance and build a strong foundation for sustainable development.

Sources:

• [1]: Constitution of Kenya, 2010

PART 1—ELECTORAL SYSTEM AND PROCESS

• 81—General principles for the electoral system.
• 82—Legislation on elections.
• 83—Registration as a voter.
• 84—Candidates for election and political parties to comply with code of  conduct.
• 85—Eligibility to stand as an independent candidate.
• 86—Voting.
• 87—Electoral disputes.

PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS

• 88—Independent Electoral and Boundaries Commission.
• 89—Delimitation of electoral units.
• 90—Allocation of party list seats.

​
PART 3—POLITICAL PARTIES

• 91—Basic requirements for political parties.
• 92—Legislation on political parties.

​Chapter 7 of the Kenya Constitution focuses on the representation of the people through the electoral system and process [2]. The chapter outlines the general principles that govern the electoral system, ensuring the exercise of political rights, fair representation, and equality of vote [6].

One of the key principles is the freedom of citizens to exercise their political rights [6]. This includes the right to vote and participate in the electoral process [2]. The electoral system aims to achieve fair representation by ensuring that not more than two-thirds of the members of elective public bodies are of the same gender [6]. This promotes gender equality and inclusivity in political decision-making [2].

The electoral system also emphasizes the fair representation of persons with disabilities [6]. Measures are put in place to enable their participation in the electoral process [2]. Universal suffrage, based on the aspiration for fair representation and equality of vote, is a fundamental principle [6]. This ensures that every eligible citizen has the right to vote and that their vote carries equal weight [2].

Free and fair elections are essential components of the electoral system in Kenya [6]. The system upholds the principles of secret ballot, ensuring the secrecy of the voter's choice [6]. The chapter also addresses electoral disputes, providing a mechanism for resolving conflicts that may arise during the electoral process [2].

Overall, Chapter 7 of the Kenya Constitution highlights the importance of fair representation, free and fair elections, and citizen participation in the electoral system. By upholding these principles, Kenya aims to foster a democratic society where the voices of all citizens are heard and respected.

In Chapter 10 of the Kenya Constitution 2010, the significance of reflecting regional and ethnic diversity in the composition of the national executive is highlighted. This provision recognizes the importance of inclusivity and representation of all Kenyan communities in the highest levels of governance.

The Kenya Constitution acknowledges the diverse nature of the country's population and the need to ensure that the interests and perspectives of different regions and ethnic groups are adequately represented. By reflecting regional diversity, the national executive can take into account the unique needs and challenges faced by different geographical regions within Kenya. This promotes a sense of fairness and equal representation in decision-making processes.

Furthermore, the inclusion of ethnic diversity in the composition of the national executive is crucial for fostering unity and cohesion among the various ethnic communities in Kenya. The Constitution acknowledges the pride that Kenyans have in their ethnic, cultural, and religious diversity, and emphasizes the commitment to living in peace and unity as one indivisible nation. By ensuring that the national executive comprises individuals from different ethnic backgrounds, the Constitution promotes a sense of belonging and recognition for all Kenyan communities.

Reflecting regional and ethnic diversity in the composition of the national executive also helps to enhance accountability and good governance. When individuals from various regions and ethnic groups are part of the decision-making process, there is a higher likelihood of policies and initiatives that address the needs of the entire nation. This inclusive approach helps to reduce marginalization and ensures that all Kenyans have an equal opportunity to participate in and benefit from the governance of the country.

In conclusion, the Kenya Constitution 2010 recognizes the significance of reflecting regional and ethnic diversity in the composition of the national executive. This provision ensures inclusive governance and representation of all Kenyan communities. By embracing and respecting the diversity of the nation, the Constitution promotes unity, equality, and the well-being of the people of Kenya.

Citation:

• The Kenya Constitution, 2010

Chapter Nine of the Kenya Constitution 2010, titled "The Executive," outlines the provisions and structure of the executive branch in Kenya. This chapter establishes the roles, responsibilities, and composition of the executive, ensuring a system of governance that upholds the principles of transparency, accountability, and democratic representation.

The executive branch in Kenya is headed by the President, who is both the Head of State and the Head of Government. The President is elected by the citizens of Kenya through a free and fair electoral process. The Constitution sets out the qualifications, term limits, and procedures for the election of the President.

In addition to the President, the executive branch includes the Deputy President and Cabinet Secretaries. The Deputy President is elected together with the President and serves as the principal assistant to the President. The Cabinet Secretaries are appointed by the President and are responsible for the administration of various government ministries and departments.

The Kenya Constitution 2010 emphasizes the principles of collective responsibility and accountability within the executive branch. The President and Cabinet Secretaries are collectively accountable to Parliament for the execution of their duties. The President is required to uphold and safeguard the Constitution, promote national unity, and ensure the protection of the sovereignty and territorial integrity of Kenya.

Chapter Nine also establishes the National Security Council, which is responsible for advising the President on matters relating to national security. This council includes the President, Deputy President, Cabinet Secretaries responsible for defense and interior affairs, and other officials as determined by law.

Furthermore, the Constitution outlines the procedures for the removal of the President and the Deputy President from office in case of gross violation of the Constitution, incapacity to perform their duties, or impeachment by Parliament. These provisions ensure that the executive branch is held accountable and that the interests of the Kenyan people are safeguarded.

In conclusion, Chapter Nine—The Executive of the Kenya Constitution 2010 provides a comprehensive framework for the structure and functioning of the executive branch. It establishes the roles and responsibilities of the President, Deputy President, and Cabinet Secretaries, emphasizing transparency, accountability, and democratic representation. By upholding the principles outlined in this chapter, the executive branch plays a crucial role in promoting good governance and serving the interests of the Kenyan people.

Citation:

• The Kenya Constitution, 2010

​PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT

• 97—Membership of the National Assembly.
• 98—Membership of the Senate.
• 99—Qualifications and disqualifications for election as member of  Parliament.
• 100—Promotion of representation of marginalised groups.
• 101—Election of members of Parliament.
• 102—Term of Parliament.
• 103—Vacation of office of member of Parliament.
• 104—Right of recall.
• 105—Determination of questions of membership.

Chapter 8 of the Constitution of Kenya, titled "The Legislature," outlines the key provisions and requirements related to the functioning of the legislative branch in Kenya [4]. This review will provide an overview of the main aspects covered in Chapter 8.

One of the primary objectives of Chapter 8 is to promote the representation of marginalized groups in the legislative process [4]. This is achieved through Article 100, which ensures that political parties encourage the representation of marginalized groups in Parliament. By doing so, the Constitution aims to foster inclusivity and address historical underrepresentation.

Chapter 8 also covers the vacation of office of a Member of Parliament (MP) [4]. Article 103 outlines the circumstances in which an MP's seat becomes vacant, such as resignation, death, or disqualification. This provision ensures that there are clear guidelines for the continuity and integrity of parliamentary representation.

Furthermore, the Constitution addresses the right of recall in Article 104 [4]. This provision allows constituents to recall their elected representative if they believe the MP has not fulfilled their obligations or has engaged in misconduct. The inclusion of this provision empowers citizens to hold their representatives accountable and promotes transparency in the legislative process.

Additionally, Article 105 deals with the determination of questions of membership of Parliament [4]. It provides a legal framework for resolving disputes related to the membership of Parliament, ensuring that any conflicts or uncertainties regarding eligibility are addressed through a transparent and fair process.

The right to petition Parliament is another important aspect covered in Chapter 8 [4]. Article 119 grants individuals and groups the right to petition Parliament on matters of public interest. This provision allows citizens to express their concerns and contribute to the legislative agenda, enhancing citizen participation and democratic governance.

In conclusion, Chapter 8 of the Constitution of Kenya focuses on various aspects related to the functioning and representation in the legislative branch. It emphasizes the importance of inclusivity, accountability, and citizen engagement in the legislative process. By providing clear guidelines and mechanisms for representation, accountability, and public participation, Chapter 8 contributes to the democratic governance of Kenya.

Sources:

• Constitution of Kenya, 2010 [4]

​The Kenya Constitution, 2010, outlines several provisions regarding the Cabinet and its functioning. The Cabinet is composed of the President, the Deputy President, the Attorney-General, and a minimum of fourteen and a maximum of twenty-two Cabinet Secretaries. These provisions ensure a balanced and efficient decision-making body that represents various sectors of the government.

According to the Constitution, the President is responsible for nominating Cabinet Secretaries, who are then appointed with the approval of the National Assembly. It is important to note that a Cabinet Secretary cannot be a Member of Parliament, ensuring their independence from legislative duties and focusing solely on their role in the Cabinet.

Upon appointment, a Cabinet Secretary assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya, as well as obedience to the Constitution. This oath signifies their commitment to the nation and its citizens. Additionally, Cabinet Secretaries have the right to resign by delivering a written statement of resignation to the President, allowing for flexibility in their tenure.

The President holds the authority to re-assign or dismiss a Cabinet Secretary. However, the Constitution also provides checks and balances to prevent arbitrary dismissals. If a member of the National Assembly, supported by at least one-quarter of all members, proposes a motion requiring the President to dismiss a Cabinet Secretary, it must be based on grounds such as a gross violation of the Constitution or any other law, serious reasons to believe the Secretary has committed a crime, or gross misconduct.

If such a motion is supported by at least one-third of the National Assembly members, a select committee comprising eleven members is appointed to investigate the matter. The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations. The committee must report within ten days, stating whether the allegations against the Cabinet Secretary are substantiated.

If the select committee finds the allegations unsubstantiated, no further proceedings are taken. However, if the allegations are substantiated, the National Assembly affords the Cabinet Secretary an opportunity to be heard and then votes on whether to approve the resolution requiring the Cabinet Secretary's dismissal. If the resolution is supported by a majority of the National Assembly members, the Speaker delivers it to the President, who is then obligated to dismiss the Cabinet Secretary.

These provisions ensure accountability and transparency within the Cabinet. By allowing for investigations and a democratic voting process, the Constitution ensures that Cabinet Secretaries are held responsible for their actions and decisions. This system promotes good governance and upholds the principles of the Kenya Constitution, 2010.

In conclusion, the provisions regarding the Cabinet in the Kenya Constitution, 2010, establish the composition, appointment, and dismissal processes for Cabinet Secretaries. These provisions aim to create a balanced and accountable decision-making body that serves the best interests of the people and the Republic of Kenya.

Citation: The Kenya constitution, 2010

According to the Kenya Constitution, 2010, the grounds for the removal of the Deputy President are outlined in Article 150. Here is a breakdown of the grounds for removal:

1. Physical or Mental Incapacity: The Deputy President may be removed from office if they are found to have a physical or mental incapacity that prevents them from performing the functions of the office. This ensures that the Deputy President is able to effectively carry out their duties.
2. Impeachment: The Deputy President may also be removed from office through the process of impeachment. There are three specific grounds for impeachment:
   a. Gross Violation of the Constitution or Laws: The Deputy President can be impeached if they are found to have committed a gross violation of a provision of the Constitution or any other law. This ensures that the Deputy President upholds the principles and laws of the country.
   b. Commission of a Crime: If there are serious reasons to believe that the Deputy President has committed a crime under national or international law, they can be impeached. This ensures that those holding high office are held accountable for their actions.
   c. Gross Misconduct: The Deputy President can be impeached for gross misconduct, whether it is related to the performance of their functions or any other misconduct. This ensures that the Deputy President maintains the highest standards of conduct and integrity.

It is important to note that the provisions of Articles 144 and 145, which relate to the removal of the President, also apply to the removal of the Deputy President. This means that the process for removal, including the necessary modifications, will be similar to that of the President.

In conclusion, the Kenya Constitution, 2010, provides clear grounds for the removal of the Deputy President. These include physical or mental incapacity, impeachment for gross violation of the Constitution or laws, commission of a crime, and gross misconduct. The Constitution ensures that the Deputy President is held accountable for their actions and maintains the highest standards of conduct while in office.
​
Citation: The Kenya constitution, 2010

​REMUNERATION AND BENEFITS OF PRESIDENT AND DEPUTY PRESIDENT.

• (1) The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund.
• (2) The remuneration, benefits and privileges of the President and Deputy President shall not be varied to their disadvantage while in office.
• (3) The retirement benefits payable to a former President and a former Deputy President, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime.

According to the Kenya Constitution, 2010, the remuneration and benefits of the President and Deputy President are outlined in Article 151. Here is a breakdown of these provisions:

1. Remuneration and Benefits: The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund. This means that the funds for their remuneration and benefits will be sourced from the Consolidated Fund, which is the main account of the government.
2. Protection from Variation: The Constitution ensures that the remuneration, benefits, and privileges of the President and Deputy President cannot be varied to their disadvantage while they are in office. This provision guarantees that their financial packages and privileges remain stable and cannot be reduced during their tenure.
3. Retirement Benefits: The retirement benefits payable to a former President and a former Deputy President, as well as the facilities available to them and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime. This means that even after leaving office, former Presidents and Deputy Presidents are entitled to receive retirement benefits and continue to enjoy the facilities and privileges they had during their time in office. These benefits and privileges cannot be reduced to their disadvantage.

It is important to note that these provisions ensure that the President and Deputy President are adequately compensated for their service and that their financial security is protected both during and after their tenure. These provisions also recognize the importance of maintaining the dignity and status of former Presidents and Deputy Presidents by safeguarding their retirement benefits and privileges.

In conclusion, the Kenya Constitution, 2010, guarantees the remuneration and benefits of the President and Deputy President. These provisions ensure that their financial packages and privileges are protected and cannot be reduced to their disadvantage while in office. Additionally, the Constitution safeguards the retirement benefits, facilities, and privileges of former Presidents and Deputy Presidents, ensuring their continued well-being and dignity.

Citation: The Kenya constitution, 2010

​VACANCY IN THE OFFICE OF DEPUTY PRESIDENT.

• (1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.
• (2) If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148 (8), the person shall be deemed--
  • (a) to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) (a); or
  • (b) not to have served a term of office as Deputy President, in any other case.

According to the Kenya Constitution, 2010, the process for filling a vacancy in the office of Deputy President is outlined in Article 149. Here is a breakdown of the process:

1. Nomination by the President: Within fourteen days after a vacancy in the office of Deputy President arises, the President is responsible for nominating a person to fill the vacancy.
2. Voting by the National Assembly: Once the President makes the nomination, the National Assembly has sixty days to vote on the nomination. This ensures that the decision is made in a timely manner.
3. Deemed Term of Office: If the nominated person assumes office as Deputy President, their term will be determined based on the remaining time until the next regularly scheduled election. If more than two and a half years remain before the next election, the person will be deemed to have served a full term as Deputy President. However, if less than two and a half years remain, the person will not be considered to have served a term of office as Deputy President.

It is important to note that the process for filling a vacancy in the office of Deputy President is governed by the Kenya Constitution, 2010, and any further details or procedures may be prescribed by an Act of Parliament.

In conclusion, the Kenya Constitution, 2010, provides a clear process for filling a vacancy in the office of Deputy President. The President nominates a candidate, and the National Assembly votes on the nomination within sixty days. The term of the Deputy President is determined based on the remaining time until the next regularly scheduled election. This process ensures a smooth transition and continuity in the leadership of the country.
​
Citation: The Kenya constitution, 2010

​ELECTION AND SWEARING IN OF DEPUTY PRESIDENT.

• (1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
• (2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) (d) shall not apply to a candidate for Deputy President.
• (3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
• (4) The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
• (5) The Deputy President-elect assumes office by taking and subscribing--
  • (a) the oath or affirmation of allegiance; and
  • (b) the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule.
• (6) The term of office of the Deputy President shall run from the date of the swearing in of the Deputy President, and shall end--
  • (a) when the person next elected President at an election under Article 136 (2) (a) is sworn in;
  • (b) on the Deputy President assuming the office of President; or
  • (c) on resignation, death or removal from office of the Deputy President.
• (7) The Deputy President may resign from office at any time by notice, in writing, addressed to the President and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a date is not specified, at noon on the day after the notice is delivered.
• (8) A person shall not hold office as Deputy President for more than two terms.

According to the Kenya Constitution, 2010, the process for the election and swearing in of the Deputy President involves several steps and requirements. Here is a detailed breakdown of the process:

1. Nomination: Each candidate in a presidential election is required to nominate a person who is qualified for nomination as President to be their candidate for Deputy President. This means that the Deputy President is chosen by the presidential candidate and serves as their running mate.
2. No Separate Nomination Process: It is important to note that there is no separate nomination process for the Deputy President. The nomination process for the President also includes the nomination of their chosen candidate for Deputy President. This means that the Deputy President is nominated alongside the presidential candidate and does not require a separate nomination.
3. Declaration: The Independent Electoral and Boundaries Commission (IEBC) is responsible for declaring the candidate nominated by the elected President as the elected Deputy President. This declaration formalizes the selection of the Deputy President and acknowledges their role as the elected candidate for the position.
4. Swearing-in: The swearing-in of the Deputy President-elect is a significant step in assuming the role. It takes place before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice, and is conducted in public. This public ceremony ensures transparency and accountability in the process.
5. Oath-taking: The Deputy President-elect assumes office by taking and subscribing to two oaths or affirmations. The first is the oath or affirmation of allegiance, which signifies their commitment to the Republic of Kenya and its Constitution. The second is the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule of the Constitution. These oaths solidify the Deputy President's dedication to their duties and responsibilities.
6. Term of Office: The term of office for the Deputy President begins on the date of their swearing-in. It ends in three possible scenarios: when the person next elected as President is sworn in, when the Deputy President assumes the office of President, or in the case of resignation, death, or removal from office of the Deputy President. This ensures that the Deputy President's tenure aligns with the presidential term and allows for smooth transitions of power.
7. Resignation: The Deputy President has the option to resign from office at any time by providing written notice addressed to the President. The resignation takes effect on the specified date and time mentioned in the notice. If no date is specified, the resignation takes effect at noon on the day after the notice is delivered.
8. Term Limit: A person is not allowed to hold office as Deputy President for more than two terms. This term limit ensures a rotation of leadership and provides opportunities for new individuals to assume the role.

In conclusion, the process for the election and swearing in of the Deputy President, as outlined in the Kenya Constitution, 2010, involves nomination by the presidential candidate, declaration by the Independent Electoral and Boundaries Commission, swearing-in before the Chief Justice or Deputy Chief Justice, oath-taking, and adherence to term limits. These steps ensure a transparent and accountable process in selecting and assuming the role of the Deputy President.

Citation: The Kenya Constitution, 2010

According to the Kenya Constitution, 2010, the Deputy President holds several important functions and responsibilities. Firstly, the Deputy President is designated as the principal assistant to the President and is entrusted with deputizing for the President in the execution of their functions. This means that the Deputy President acts on behalf of the President when necessary, ensuring the smooth functioning of the executive branch.

Furthermore, the Deputy President is mandated to perform the functions conferred by the Constitution itself, as well as any additional functions assigned by the President. This highlights the broad scope of responsibilities that the Deputy President may undertake, as they are not limited solely to the functions explicitly outlined in the Constitution.

In the absence or temporary incapacitation of the President, as well as during any other period determined by the President, the Deputy President is authorized to act as the President. This provision ensures continuity in governance and allows for the seamless execution of presidential duties in the President's absence.

It is important to note that the Deputy President is prohibited from holding any other State or public office. This restriction is in place to ensure that the Deputy President can fully dedicate themselves to their role as the principal assistant to the President and avoid any potential conflicts of interest.

In conclusion, the functions of the Deputy President, as outlined in the Kenya Constitution, 2010, encompass being the principal assistant to the President, deputizing for the President, performing assigned functions, and acting as the President in their absence. These responsibilities are crucial for maintaining the smooth functioning of the executive branch and ensuring effective governance in Kenya.

Citation: The Kenya Constitution, 2010

​In the Kenya Constitution 2010, provisions are outlined to address the vacancy in the office of the President and the succession process. According to Article 146, the office of the President becomes vacant if the holder of the office dies, resigns in writing addressed to the Speaker of the National Assembly, or otherwise ceases to hold office under Article 144 or 145, or any other provision of the Constitution.

When a vacancy occurs in the office of the President, the Constitution provides for the following succession process. Firstly, if the Deputy President is available, they shall assume office as President for the remainder of the term of the President. This is stated in Article 146(2)(a). However, if the office of the Deputy President is also vacant or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President. In such cases, an election to the office of President shall be held within sixty days after the vacancy arose in the office of President, as stated in Article 146(2)(b).

It is important to note that the person who assumes the office of President, whether it is the Deputy President or an individual elected following a vacancy, shall hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136(2)(a). This is mentioned in Article 146(3).

Furthermore, if the Deputy President assumes office as President, or a person is elected to the office of President, the duration of their term is determined by Article 142(2). If, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136(2)(a), they shall be deemed to have served a full term as President. However, if less than two and a half years remain, they shall not be considered to have served a term of office as President, as stated in Article 146(4).

The provisions outlined in the Kenya Constitution 2010 regarding the vacancy in the office of the President and the succession process ensure a smooth transition of power and uphold the principles of democratic governance. These provisions safeguard against any power vacuum and provide a clear framework for the continuity of leadership in the country.

In conclusion, the Kenya Constitution 2010 establishes a comprehensive set of provisions to address the vacancy in the office of the President and the succession process. These provisions define the roles of the Deputy President, the Speaker of the National Assembly, and the electoral process in ensuring a seamless transition of power. By adhering to these provisions, Kenya can maintain stability and continuity in its leadership.

Citation: The Kenya constitution, 2010

According to the Kenya Constitution 2010, the process for impeaching the President involves several steps and requirements. A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President. This motion can be based on the following grounds:

1. Gross violation of a provision of the Constitution or any other law.
2. Serious reasons for believing that the President has committed a crime under national or international law.
3. Gross misconduct.

​If the motion is supported by at least two-thirds of all the members of the National Assembly, the Speaker informs the Speaker of the Senate within two days. The President continues to perform the functions of the office pending the outcome of the proceedings.

Within seven days after receiving notice of the resolution, the Speaker of the Senate convenes a meeting of the Senate to hear charges against the President. The Senate may then appoint a special committee comprising eleven of its members to investigate the matter.

The special committee is responsible for investigating the allegations and reporting to the Senate within ten days. If the committee finds the particulars of the allegations to have been substantiated, the Senate proceeds with the impeachment process. However, if the allegations are not substantiated, no further proceedings are taken in respect of that allegation.
​
During the investigations, the President has the right to appear and be represented before the special committee. After the committee's report, the Senate provides the President with an opportunity to be heard before voting on the impeachment charges.

If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President ceases to hold office. This process ensures that the removal of the President is a thorough and democratic decision, requiring a significant majority in both the National Assembly and the Senate.

In conclusion, the Kenya Constitution 2010 outlines a detailed process for impeaching the President. It involves the support of a significant number of members, investigations by a special committee, and a two-thirds majority vote in the Senate. This process ensures accountability and upholds the principles of democracy in Kenya.

Citation: The Kenya constitution, 2010

According to the Kenya Constitution 2010, the President can be removed from office on grounds of incapacity through a specific process outlined in Article 144. This process involves the National Assembly, the Chief Justice, and a tribunal appointed to investigate the President's physical or mental capacity to perform the functions of office.

To initiate the removal process, a member of the National Assembly must move a motion for the investigation of the President's incapacity, supported by at least a quarter of all the members. If this motion is supported by a majority of all the members, the Speaker of the National Assembly must inform the Chief Justice of the resolution within two days. During this time, the President continues to perform the functions of the office.

Within seven days of receiving notice, the Chief Justice appoints a tribunal to inquire into the matter. The tribunal consists of three persons qualified to practice medicine under Kenyan law, nominated by the body responsible for regulating the professional practice of medicine. Additionally, one advocate of the High Court nominated by the body responsible for regulating the professional practice of advocates and one person nominated by the President are included in the tribunal.

If the Chief Justice is unable to appoint the tribunal, the Deputy Chief Justice assumes this responsibility. Similarly, if the President is unable to nominate a person for the tribunal, a member of the President's family or a close relative may make the nomination.

The tribunal has the task of investigating the President's physical or mental capacity to perform the functions of office. Within fourteen days of its appointment, the tribunal must report its findings to the Chief Justice and the Speaker of the National Assembly. The Speaker then presents the tribunal's report to the National Assembly within seven days.

The report of the tribunal is final and not subject to appeal. If the tribunal concludes that the President is capable of performing the functions of the office, the Speaker of the National Assembly announces this in the National Assembly. However, if the tribunal determines that the President is incapable, the National Assembly votes on whether to ratify the report.

If a majority of all the members of the National Assembly vote in favor of ratifying the report, the President ceases to hold office, effectively removing them from power.

In conclusion, the Kenya Constitution 2010 provides a detailed process for removing the President from office on grounds of incapacity. This process involves the National Assembly, the Chief Justice, and a tribunal appointed to investigate the President's physical or mental capacity. The final decision lies with the National Assembly, which votes on whether to ratify the tribunal's report. This constitutional provision ensures a fair and transparent process for addressing the issue of incapacity in the highest office of the country.

Citation: The Kenya Constitution, 2010

According to the Kenya Constitution 2010, specific legal protections are provided to the President or a person performing the functions of that office during their tenure. These protections are outlined in Article 143.

Firstly, criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office during their tenure of office. This immunity from criminal proceedings ensures that the President is shielded from legal actions related to their official duties while in office.

Similarly, civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office. This means that individuals are prohibited from bringing civil lawsuits against the President for any actions or inactions taken in the exercise of their powers under the Constitution.

Furthermore, the Kenya Constitution 2010 specifies that if there is a provision in the law that limits the time within which proceedings under criminal or civil matters may be brought against a person, the period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the prescribed period of time. This provision ensures that the President's tenure does not affect the time limitations for legal proceedings.

However, it is important to note that the immunity of the President under Article 143 does not extend to crimes for which the President may be prosecuted under any treaty to which Kenya is a party and which prohibits such immunity. This exception ensures that the President can still be held accountable for crimes that are covered by international treaties to which Kenya is a signatory.

In conclusion, the Kenya Constitution 2010 provides legal protections for the President or a person performing the functions of that office during their tenure. These protections include immunity from criminal and civil proceedings related to their official duties. However, it is important to note that this immunity does not extend to crimes covered by international treaties that prohibit such immunity.

Citation: The Kenya constitution, 2010

According to the Kenya Constitution 2010, the term limits for the office of the President are clearly defined. These limits are outlined in Article 142.

Firstly, the President shall hold office for a term beginning on the date on which the President was sworn in. The term of office continues until the person next elected President in accordance with Article 136 (2) (a) is sworn in.

Furthermore, the Kenya Constitution 2010 imposes a restriction on the number of terms an individual can serve as President. According to Article 142(2), a person is not allowed to hold office as President for more than two terms. This means that once an individual has served as President for two terms, they are no longer eligible for re-election to the office.

These term limits serve to ensure that there is regular turnover in the office of the President, promoting democratic principles and preventing the concentration of power in one individual for an extended period. By limiting the number of terms, the Constitution allows for new leadership and fresh perspectives to be brought into the highest office of the country.

It is important to note that the term limits apply to the elected President and not to an acting President during temporary incumbency. The limitations on term limits are specific to the individual who has been elected as President.

In conclusion, the Kenya Constitution 2010 establishes clear term limits for the office of the President. The President's term begins on the date of their swearing-in and ends when the next elected President is sworn in. Additionally, an individual is restricted from holding office as President for more than two terms. These term limits promote democratic principles and ensure regular turnover in the highest office of the country.

Citation: The Kenya constitution, 2010

​Exercise of presidential powers during temporary incumbency. 
134.

• (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President--
  • (a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or
  • (b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3), may not exercise the powers of the President specified in clause (2).
• (2) The powers referred to in clause (1) are— 
  • (a) the nomination or appointment of the judges of the superior courts;
  • (b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;
  • (c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;
  • (d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;
  • (e) the power of mercy; and
  • (f) the authority to confer honours in the name of the people and the Republic. 

According to the Kenya Constitution 2010, there are limitations on the exercise of presidential powers during temporary incumbency. These limitations are outlined in Article 134.

During the period between the first vote in a presidential election and when the newly elected President assumes office, or in the absence or incapacitation of the President, the person holding the office of President or authorized to exercise the powers of the President is restricted from exercising certain powers specified in clause (2) of Article 134.
​
The powers that cannot be exercised during temporary incumbency are as follows:

1. The nomination or appointment of judges of the superior courts.
2. The nomination or appointment of any other public officer whom the Constitution or legislation requires the President to appoint.
3. The nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers.
4. The nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative.
5. The power of mercy.
6. The authority to confer honors in the name of the people and the Republic.

These limitations ensure that important decisions and appointments are not made by an acting President during temporary incumbency. It safeguards the integrity of the presidential powers and ensures that such powers are exercised by the duly elected President.

It is important to note that these limitations only apply during the specified periods of temporary incumbency. Once the newly elected President assumes office or the President returns from absence or incapacitation, these powers can be exercised again.

In conclusion, the Kenya Constitution 2010 clearly outlines the limitations on the exercise of presidential powers during temporary incumbency. These limitations aim to maintain the proper functioning of the presidency and ensure that important decisions and appointments are made by the elected President.

Citation: The Kenya constitution, 2010

The assumption of office of the President in Kenya is a carefully regulated process governed by the Kenya Constitution, 2010. According to the constitution, the swearing-in ceremony of the President-elect is conducted in public before the Chief Justice, or in their absence, the Deputy Chief Justice. This ensures transparency and accountability in the transition of power.

The President-elect takes the oath or affirmation of allegiance, as well as the oath or affirmation for the execution of the functions of office, which are prescribed in the Third Schedule of the constitution. These oaths serve as a solemn commitment to uphold the constitution and fulfill the responsibilities of the presidency.

The timing of the swearing-in ceremony is determined by the outcome of any petitions filed under Article 140 of the constitution. If no petition has been filed, the President-elect is sworn in on the first Tuesday following the fourteenth day after the declaration of the election result. However, if a petition has been filed and the court declares the election valid, the President-elect is sworn in on the seventh day following the court's decision.

To ensure the smooth and organized conduct of the swearing-in ceremony, Parliament is tasked with legislating the procedure and ceremony for the swearing-in of a President-elect. This legislation provides guidance on the logistics and formalities involved in the ceremony.

The process for the assumption of office of the President in Kenya, as outlined in the Kenya Constitution, 2010, emphasizes the importance of a public and transparent transition of power. By entrusting the Chief Justice or the Deputy Chief Justice with overseeing the swearing-in ceremony and establishing clear timelines, the constitution ensures a smooth transfer of authority. The provision for parliamentary legislation further guarantees that the procedure and ceremony are conducted in a standardized and orderly manner.

Citation: The Kenya Constitution, 2010