Manifesto of the National Socialist Council of Nagaland

Nothing is more inalienable for a nation, big or small, than her sovereignty. No moment, either, is more challenging for a people than the time when their free existence is challenged The Naga National Council has failed. The sovereign existence of Nagaland is more at peril than ever before. It is high time for the revolutionary patriots to declare their national principles, their views and their aims.

Nagaland and the Naga National Council

We live in a world of constant change. But the forces causing the change are not always the same. They develop and perish according to the different given conditions, stages and times.

To us, the forces that defend the righteous cause of sovereign national existence and further the just cause of the people along the inevitable course are alone patriots and revolutionaries. All forces standing in opposition to this are traitors and reactionaries, in that they try to pull the wheels of history back. All the reactionary traitors lean upon one another; all revolutionary patriots stand as one, supporting one another; there is no via media.

The Naga National Council was the only authentic political organisation of the people of Nagaland. It was this council that boldly took up the historic national trust, that is, the safeguarding of the right of the sovereign existence of Nagaland. With all its resoluteness, the Council faced ups and downs and it was never deterred by setbacks here and setbacks there. It has withstood the bitter period of the past three decades or so, turning neither to the right nor to the left––although there had been marked degeneration in its integrity and vigour. Our country could exist and we owe it to the National Council and to the thousands of patriots who have unsparingly laid down their lives and to the unprecedented endurance of the people, thanks to the leadership Naga National Council had given to the people in their past trials and tribulations till the time of its failure to condemn the treacherous Ministry and the Accord of treason of 1975.

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Party Constitution of Communist Party of India (Maoist)

Party Constitution

CHAPTER-1: GENERAL PROGRAMME

The Communist Party of India (Maoist) is the consolidated political vanguard of the Indian proletariat. Marxism-Leninism-Maoism is the ideological basis guiding its thinking in all the spheres of its activities. Immediate aim or programme of the Communist Party is to carry on and complete the new democratic revolution in India as a part of the world proletarian revolution by overthrowing the semi-colonial, semi-feudal system under neo- colonial form of indirect rule, exploitation and control and the three targets of our revolution—imperialism, feudalism and comprador bureaucratic big bourgeoisie. The ultimate aim or maximum programme of the party is the establishment of communist society. This New Democratic Revolution will be carried out and completed through armed agrarian revolutionary war i.e. the Protracted People’s War with area wise seizure of power remaining as its central task. The Protracted People’s War will be carried out by encircling the cities from the countryside and thereby finally capturing them. Hence the countryside as well as the Protracted People’s War will remain as the center of gravity of the party’s work from the very beginning. During the whole process of this revolution the party, army and the united front will play the role of three magic weapons. In their interrelationship the party will play the primary role, where as the army and the united front will be two important weapons in the hands of the party. Since the armed struggle will remain the main form of struggle and army as the main form of organization of this revolution, the armed struggle will play a decisive role, whereas the united front will be built in the course of advancing armed struggle and for armed struggle. Mass organizations and mass struggles are necessary and indispensable but their purpose is to serve the war. The immediate and most urgent task of the party is to establish full-fledged people’s liberation army (PLA) and base areas by developing and transforming the guerilla zones and guerrilla bases.

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The Constitution of The Islamic Republic of Iran

The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations.

Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment.

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THE CONSTITUTION OF THE RUSSIAN FEDERATION

Preamble: 

 

We, the multinational people of the Russian Federation,
united by a common fate on our land,
establishing human rights and freedoms, civil peace and accord,
preserving the historically established State unity,
proceeding from universally acknowledged principles of equality and self-determination of peoples,
revering the memory of ancestors who have passed on to us their love for the Fatherland and faith in good and justice,
reviving the sovereign statehood of Russia and asserting the firmness of its democratic basis,
striving to ensure the well-being and prosperity of Russia,
proceeding from the responsibility for our Fatherland before present and future generations,
recognizing ourselves to be a part of the world community,
do hereby adopt THE CONSTITUTION OF THE RUSSIAN FEDERATION.

SECTION ONE
CHAPTER 1. THE BASIS OF THE CONSTITUTIONAL SYSTEM
Article 1

1. The Russian Federation – Russia is a democratic federative law-governed state with a republican form of government.

2. The names Russian Federation and Russia are equipollent.

Article 2

Man, his rights and freedoms shall be the supreme value. The recognition, observance and protection of human and civil rights and freedoms shall be an obligation of the State.

Article 3

1. The bearer of sovereignty and the sole source of power in the Russian Federation shall be its multinational people.

2. The people shall exercise its power directly, as well as through State government bodies and local self-government bodies.

3. The supreme direct expression of the power of the people shall be referendum and free elections.

4. Nobody may usurp power in the Russian Federation. The seizure of power or usurpation of State authority shall be prosecuted under federal law.

Article 4

1. The sovereignty of the Russian Federation shall extend to the entirety of its territory.

2. The Constitution of the Russian Federation and federal laws shall have supremacy on the entire territory of the Russian Federation.

3. The Russian Federation shall ensure the integrity and inviolability of its territory.

Article 5

1. The Russian Federation shall consist of republics, krays, oblasts, cities of federal significance, an autonomous oblast and autonomous okrugs, which shall have equal rights as constituent entities of the Russian Federation.

2. A republic (state) shall have its own constitution and legislation. A kray, oblast, city of federal significance, autonomous oblast and autonomous okrug shall have its own charter and legislation.

3. The federal structure of the Russian Federation shall be based on its State integrity, the unity of the system of State power, the division of matters of authority and powers between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, the equality and self-determination of peoples in the Russian Federation.

4. All constituent entities of the Russian Federation shall be equal with one another in relations with federal State government bodies.

Article 6

1. Citizenship of the Russian Federation shall be acquired and terminated in accordance with federal law, and shall be one and equal, irrespective of the grounds on which it is acquired.

2. Every citizen of the Russian Federation shall enjoy all rights and freedoms on its territory and shall bear equal responsibilities as envisaged in the Constitution of the Russian Federation.

3. A citizen of the Russian Federation may not be deprived of his (her) citizenship or of the right to change it.

Article 7

1. The Russian Federation shall be a social state whose policy is aimed at creating conditions ensuring a worthy life and a free development of Man.

2. In the Russian Federation the labour and health of people shall be protected, a guaranteed minimum wage shall be established, State support shall be provided for the family, maternity, fatherhood and childhood, to the disabled and to elderly citizens, the system of social services shall be developed and State pensions, allowances and other social security guarantees shall be established.

Article 8

1. In the Russian Federation the integrity of economic space, free flow of goods, services and financial resources, support of competition, and the freedom of economic activity shall be guaranteed.

2. In the Russian Federation private, State, municipal and other forms of property shall be recognized and shall be protected on an equal basis.

Article 9

1. Land and other natural resources shall be utilized and protected in the Russian Federation as the basis of the life and activity of the peoples living on the territories concerned.

2. Land and other natural resources may be subject to private, State, municipal and other forms of ownership.

Article 10

State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial authority. Bodies of legislative, executive and judicial authority shall be independent.

Article 11

1. State power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Council of Federation and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.

2. State power in constituent entities of the Russian Federation shall be exercised by bodies of State government formed by those constituent entities.

3. The division of authorities and powers among State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation shall be established by this Constitution, the Federation Treaty and other treaties on the division of authorities and powers.

Article 12

Local self-government shall be recognized and guaranteed in the Russian Federation. Local self-government shall be independent within the limits of its competence. Bodies of local self-government shall not form part of the system of State government bodies.

Article 13

1. Ideological diversity shall be recognized in the Russian Federation.

2. No ideology shall be proclaimed as State ideology or as obligatory.

3. Political diversity and the multi-party system shall be recognized in the Russian Federation.

4. Public associations shall be equal before the law.

5. The establishment and activities of public associations whose goals and activities are aimed at the forcible changing of the basis of the constitutional order and at violating the integrity of the Russian Federation, at undermining its security, at creating armed units, and at instigating social, racial, national and religious strife shall be prohibited.

Article 14

1. The Russian Federation shall be a secular state. No religion may be established as the State religion or as obligatory.

2. Religious associations shall be separate from the State and shall be equal before the law.

Article 15

1. The Constitution of the Russian Federation shall have supreme legal force, direct effect and shall be applicable on the entire territory of the Russian Federation. Laws and other legal acts, which are adopted in the Russian Federation, must not contradict the Constitution of the Russian Federation.

2. State government bodies, local self-government bodies, officials, citizens and their associations shall be obliged to observe the Constitution of the Russian Federation and laws.

3. Laws must be officially published. Unpublished laws shall not have force. Any normative legal acts concerning human and civil rights, freedoms and obligations shall not have force unless they have been officially published for the information of the general public.

4. Universally recognized principles and norms of international law as well as international agreements of the Russian Federation should be an integral part of its legal system. If an international agreement of the Russian Federation establishes rules, which differ from those stipulated by law, then the rules of the international agreement shall be applied.

Article 16

1. The provisions of this Chapter of the Constitution shall constitute the fundamental principles of the constitutional order of the Russian Federation and may not be changed except in accordance with the procedure established by this Constitution.

2. No other provisions of this Constitution may conflict with the fundamental principles of the constitutional order of the Russian Federation.

CHAPTER 2. HUMAN AND CIVIL RIGHTS AND FREEDOMS
Article 17

1. In the Russian Federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this Constitution.

2. Basic human rights and freedoms shall be inalienable and shall be enjoyed by everyone from birth.

3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other people.

Article 18

Human and civil rights and freedoms shall have direct force. They shall determine the meaning, content and implementation of laws, the functioning of legislative and executive authority and of local self-government, and shall be guaranteed by law.

Article 19

1. All persons shall be equal before the law and the court.

2. The State guarantees the equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, material and official status, place of residence, attitude to religion, convictions, membership of public associations, or of other circumstances. All forms of limitations of human rights on social, racial, national, language or religious grounds shall be prohibited.

3. Men and women shall enjoy equal rights and freedoms and equal opportunities to exercise them.

Article 20

1. Everyone shall have the right to life.

2. Capital punishment until its complete abolition may be established by federal law as an exclusive form of punishment for particularly grave crimes against life, and the accused shall be granted the right to have his case examined by a court with the participation of a jury.

Article 21

1. Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.

2. Nobody should be subjected to torture, violence, or other severe or humiliating treatment or punishment. Nobody may be subjected to medical, scientific or other experiments without voluntary consent.

Article 22

1. Everyone shall have the right to freedom and personal inviolability.

2. Arrest, detention and keeping in custody shall be permissible only under a court order. A person may not be detained for more than 48 hours without a court order.

Article 23

1. Everyone shall have the right to the inviolability of his (her) private life, personal and family privacy, and protection of his (her) honour and good name.

2. Everyone shall have the right to privacy of correspondence, of telephone conversations and of postal, telegraph and other communications. This right may be limited only on the basis of a court order.

Article 24

1. Collecting, keeping, using and disseminating information about the private life of a person shall not be permitted without his (her) consent.

2. State government bodies and local self-government bodies and their officials shall be obliged to provide everyone with access to documents and materials directly affecting his (her) rights and freedoms, unless otherwise envisaged by law.

Article 25

The home shall be inviolable. Nobody shall have the right to enter a dwelling place against the will of those residing therein, except in those cases provided for by federal laws or on the basis of a court order.

Article 26

1. Everyone shall have the right to determine and declare his (her) nationality. Nobody shall be forced to determine and declare his (her) nationality.

2. Everyone shall have the right to use his (her) native language and to a free choice of the language of communication, upbringing, education and creative work.

Article 27

1. Everyone who is legally present on the territory of the Russian Federation shall have the right to travel freely and freely to choose the place of temporary or permanent residence.

2. Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right freely to return to the Russian Federation.

Article 28

Everyone shall be guaranteed freedom of conscience and religion, including the right to profess individually or collectively any religion or not to profess any religion, and freely to choose, possess and disseminate religious and other convictions and act in accordance with them.

Article 29

1. Everyone shall be guaranteed freedom of thought and speech.

2. Propaganda or agitation, which arouses social, racial, national or religious hatred and hostility shall be prohibited. Propaganda of social, racial, national, religious or linguistic supremacy shall also be prohibited.

3. Nobody shall be forced to express his thoughts and convictions or to deny them.

4. Everyone shall have the right freely to seek, receive, transmit, produce and disseminate information by any legal means. The list of types of information, which constitute State secrets, shall be determined by federal law.

5. The freedom of the mass media shall be guaranteed. Censorship shall be prohibited.

Article 30

1. Everyone shall have the right of association, in cluding the right to establish trade unions for the protection of his(her) interests. The freedom of activity of public associations shall be guaranteed.

2. Nobody may be compelled to join any association or to stay there.

Article 31

Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, mass meetings and demonstrations, marches and pickets.

Article 32

1. Citizens of the Russian Federation shall have the right to participate in managing State affairs both directly and through their representatives.

2. Citizens of the Russian Federation shall have the right to elect and be elected to State government bodies and local self-government bodies, as well as to participate in referendums.

3. Citizens who are recognized as incapable by a court, and citizens who are kept in places of imprisonment under a court sentence, shall not have the right to elect and be elected.

4. Citizens of the Russian Federation shall enjoy equal access to State service.

5. Citizens of the Russian Federation shall have the right to participate in administering justice.

Article 33

Citizens of the Russian Federation shall have the right to appeal in person and make individual and collective appeals to State bodies and local self-government bodies.

Article 34

1. Everyone shall have the right to use freely his (her) abilities and property for entrepreneurial and other economic activity not prohibited by law.

2. Economic activity aimed at monopolization and unfair competition shall not be permitted.

Article 35

1. The right of private property shall be protected by law.

2. Everyone shall have the right to have property and to possess, use and dispose of it both individually and jointly with other persons.

3. Nobody may be deprived of property except under a court order. Forced alienation of property for State requirements may take place only subject to prior and fair compensation.

4. The right of inheritance shall be guaranteed.

Article 36

1. Citizens and their associations shall have the right to possess land as private property.

2. Possession, utilisation and disposal of land and other natural resources shall be exercised by the owners freely provided that this is not detrimental to the environment and does not violate the rights and lawful interests of other people.

3. The conditions and procedure for the use of land shall be determined by federal law.

Article 37

1. Labour shall be free. Everyone shall have the right freely to use his (her) labour skills and to choose the type of activity and occupation.

2. Compulsory labour shall be forbidden.

3. Everyone shall have the right to work in conditions, which meet safety and hygiene requirements, and to receive remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law, as well as the right of protection against unemployment.

4. The right of individual and collective labour disputes with the use of the methods for their resolution, which are provided for by federal law, including the right to strike, shall be recognized.

5. Everyone shall have the right to rest. For those working under labour contracts the duration of work time, days of rest and public holidays and annual paid leave established by federal law shall be guaranteed.

Article 38

1. Maternity, childhood and family shall be protected by the State.

2. Care for children and their upbringing shall be the equal right and duty of parents.

3. Able-bodied children over 18 years of age must take care of disabled parents.

Article 39

1. Everyone shall be guaranteed social security for old age, in case of illness, disability and loss of the breadwinner, for the bringing up of children and in other cases specified by law.

2. State pensions and social benefits shall be established by law.

3. Voluntary social insurance, the creation of additional forms of social security and charity shall be encouraged.

Article 40

1. Everyone shall have the right to a home. Nobody may be arbitrarily deprived of his (her) home.

2. State government bodies and local self-government bodies shall promote housing construction and create conditions for exercising the right to a home.

3. Low-income citizens and other citizens mentioned in law who are in need of a home may receive it either free of charge or for an affordable payment from State, municipal and other housing funds according to the norms established by law.

Article 41

1. Everyone shall have the right to health protection and medical care. Medical care in State and municipal health institutions shall be rendered to citizens free of charge at the expense of the appropriate budget, insurance premiums and other proceeds.

2. In the Russian Federation federal programmes for the protection and improvement of the health of the public shall be financed, measures shall be taken to develop State, municipal and private healthcare systems, and activities shall be encouraged which contribute to the improvement of human health, the development of physical education and sport, and ecological, sanitary and epidemiological well-being.

3. The concealment by officials of facts and circumstances, which pose a threat to the life and health of people, shall result in liability according to federal law.

Article 42

Everyone shall have the right to a favourable environment, reliable information on the state of the environment and compensation for damage caused to his (her) health and property by violations of environmental laws.

Article 43

1. Everyone shall have the right to education.

2. General access and free pre-school, secondary and secondary vocational education in State and municipal educational institutions and at enterprises shall be guaranteed.

3. Everyone shall have the right to receive on a competitive basis free higher education in State and municipal educational institutions and at enterprises.

4. Basic general education shall be compulsory. Parents or guardians shall ensure that children receive a basic general education.

5. The Russian Federation shall establish federal State educational standards and shall support various forms of education and self-education.

Article 44

1. Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity and teaching. Intellectual property shall be protected by law.

2. Everyone shall have the right to participate in cultural life and use cultural establishments, and the right of access to cultural valuables.

3. Everyone shall be obliged to care for the preservation of the cultural and historical heritage, and to protect monuments of history and culture.

Article 45

1. State protection of human and civil rights and freedoms in the Russian Federation shall be guaranteed.

2. Everyone shall have the right to protect his (her) rights and freedoms by all means not prohibited by law.

Article 46

1. Everyone shall be guaranteed protection in court of his (her) rights and freedoms.

2. Decisions and actions (or inaction) of State government bodies, local self-government bodies, public organisations and officials may be appealed against in court.

3. Everyone shall have the right in accordance with international treaties of the Russian Federation to appeal to interstate bodies for the protection of human rights and freedoms if all available internal means of legal protection have been exhausted.

Article 47

1. Nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law.

2. Any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by federal law.

Article 48

1. Everyone shall be guaranteed the right to qualified legal assistance. In the cases envisaged by law, legal assistance shall be provided free of charge.

2. Any person detained, taken into custody or accused of committing a crime shall have the right to use the assistance of a lawyer (counsel for the defence) from the moment of being detained, placed in custody or accused.

Article 49

1. Any person accused of committing a crime shall be considered innocent until his (her) guilt is proven in accordance with the procedure stipulated
by federal law and is confirmed by a court sentence which has entered into legal force.

2. The accused shall not be obliged to prove his (her) innocence.

3. Irremovable doubts about the guilt of a person shall be interpreted in favour of the accused.

Article 50

1. Nobody may be convicted twice for one and the same crime.

2. In administering justice it shall not be permitted to use evidence received through violating federal law.

3. Any person convicted of a crime shall have the right to appeal against the verdict to a higher court in accordance with the procedure established by federal law, as well as to request pardon or mitigation of the punishment.

Article 51

1. Nobody shall be obliged to testify against him self, his (her) spouse or close relatives, the range of whom shall be determined by federal law.

2. Federal law may establish other cases where the obligation to give evidence may be lifted.

Article 52

The rights of victims of crimes and of abuses of office shall be protected by law. The State shall provide the victims with access to justice and compensation for damage sustained.

Article 53

Everyone shall have the right to State compensation for damage caused by unlawful actions (inaction) of State government bodies and their officials.

Article 54

1. A law, which introduces or increases liability, shall not have retroactive force.

2. Nobody may bear liability for an action, which was not regarded as a crime when it was committed. If, after an offense has been committed, the extent of liability for it is lifted or mitigated, the new law shall be applied.

Article 55

1. The enumeration in the Constitution of the Russian Federation of the basic rights and freedoms should not be interpreted as a denial or diminution of other universally recognized human and civil rights and freedoms.

2. In the Russian Federation no laws must be adopted which abolish or diminish human and civil rights and freedoms.

3. Human and civil rights and freedoms may be limited by federal law only to the extent necessary for the protection of the basis of the constitutional order, morality, health, rights and lawful interests of other people, and for ensuring the defence of the country and the security of the State.

Article 56

1. In the conditions of a state of emergency, in order to ensure the safety of citizens and the protection of the constitutional order and in accordance with federal constitutional law, certain restrictions may be imposed on human rights and freedoms with an indication of their limits and the period for which they have effect.

2. A state of emergency on the entire territory of the Russian Federation and in certain areas thereof may be introduced subject to the circumstances and in accordance with the procedure stipulated by federal constitutional law.

3. The rights and freedoms specified in Articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), and 46-54 of the Constitution of the Russian Federation might not be restricted.

Article 57

Everyone shall be obliged to pay legally established taxes and levies. Laws, which establish new taxes or deteriorate the position of taxpayers, shall not have retroactive force.

Article 58

Everyone shall have a duty to preserve nature and the environment and to treat natural resources with care.

Article 59

1. Defence of the Fatherland shall be the duty and obligation of a citizen of the Russian Federation.

2. Citizens of the Russian Federation shall perform military service in accordance with federal law.

3. In the event that their convictions or religious beliefs run counter to military service and in other cases established by federal law, citizens of the Russian Federation shall have the right to replace it with alternative civilian service.

Article 60

A citizen of the Russian Federation may exercise all of his (her) rights and duties independently from the age of 18 years.

Article 61

1. A citizen of the Russian Federation may not be deported from the Russian Federation or extradited to another state.

2. The Russian Federation shall guarantee its citizens protection and patronage abroad.

Article 62

1. A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the Russian Federation.

2. The possession of foreign citizenship by a citizen of the Russian Federation shall not diminish his (her) rights and freedoms and shall not release him from obligations stipulated for Russian citizenship, unless otherwise specified by federal law or an international treaty of the Russian Federation.

3. Foreign citizens and stateless persons shall enjoy rights and bear obligations in the Russian Federation on a par with citizens of the Russian Federation, except in those cases envisaged by federal law or by an international treaty of the Russian Federation.

Article 63

1. The Russian Federation shall grant political asylum to foreign citizens and stateless persons in accordance with the universally recognized norms of international law.

2. In the Russian Federation persons who are persecuted for their political convictions or for actions (or inaction) not recognized as a crime in the Russian Federation may not be extradited to other states. The extradition of persons accused of a crime, as well as the surrender of convicts to serve sentence in other states, shall be carried out on the basis of federal law or an international treaty of the Russian Federation.

Article 64

The provisions of this Chapter shall constitute the fundamental principles of the legal status of the individual in the Russian Federation and may not be changed otherwise than in accordance with the procedure which is established by this Constitution.

CHAPTER 3. THE FEDERAL STRUCTURE
Article 65

1. The Russian Federation shall be composed of the following constituent entities of the Russian Federation:
Republic of Adygeya (Adygeya), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Daghestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachayevo-Cherkessian Republic, Republic of Karelia, Komi Republic, Republic of Marij El, Republic of Mordovia, Republic of Sakha (Yakutia), Republic of North Osetia – Alania, Republic of Tatarstan (Tatarstan), Republic of Tuva, Udmurtian Republic, Republic of Khakasia, Chechen Republic, Chuvashi Republic – Chuvashia;
Altai kray, Krasnodar kray, Krasnoyarsk kray, Perm kray, Primorie kray, Stavropol kray, Khabarovsk kray;
Amur oblast, Arkhangelsk oblast, Astrakhan oblast, Belgorod oblast, Bryansk oblast, Vladimir oblast, Volgograd oblast, Vologda oblast, Voronezh oblast, Ivanovo oblast, Irkutsk oblast, Kaliningrad oblast, Kaluga oblast, Kamchatka oblast, Kemerovo oblast, Kirov oblast, Kostroma oblast, Kurgan oblast, Kursk oblast, Leningrad oblast, Lipetsk oblast, Magadan oblast, Moscow oblast, Murmansk oblast, Nizhni Novgorod oblast, Novgorod oblast, Novosibirsk oblast, Omsk oblast, Orenburg oblast, Oryol oblast, Penza oblast, Pskov oblast, Rostov oblast, Ryazan oblast, Samara oblast, Saratov oblast, Sakhalin oblast, Sverdlovsk oblast, Smolensk oblast, Tambov oblast, Tver oblast, Tomsk oblast, Tula oblast, Tyumen oblast, Ulyanovsk oblast, Chelyabinsk oblast, Chita oblast, Yaroslavl oblast;
Moscow, St.Petersburg – cities of federal significance;
the Jewish autonomous oblast;
Aginsk Buryat autonomous okrug, Koryak autonomous okrug, Nenets autonomous okrug, Taimyr (Dolgano-Nenets) autonomous okrug, Ust-Ordyn Buryat autonomous okrug, Khanty-Mansijsk autonomous okrug – Yugra, Chukotka autonomous okrug, Evenk autonomous okrug, Yamalo-Nenets autonomous okrug.

2. Admission into the Russian Federation and creation of a new constituent entity shall take place in accordance with the procedure established by federal constitutional law.

Article 66

1. The status of a republic shall be determined by the Constitution of the Russian Federation and the constitution of the republic.

2. The status of a kray, oblast, city of federal significance, autonomous oblast, autonomous okrug shall be determined by the Constitution of the Russian Federation and the charter of the kray, oblast, city of federal significance, autonomous oblast and autonomous okrug which is adopted by the legislative (representative) body of the corresponding constituent entity of the Russian Federation.

3. On a submission from legislative and executive bodies of an autonomous oblast or autonomous okrug, a federal law concerning an autonomous oblast or autonomous okrug may be adopted.

4. Relations among autonomous okrugs within krays and oblasts may be regulated by federal law or by a treaty between State government bodies of the autonomous okrug and, accordingly, State government bodies of the kray or oblast.

5. The status of a constituent entity of the Russian Federation may be changed by mutual agreement between the Russian Federation and the constituent entity of the Russian Federation in accordance with federal constitutional law.

Article 67

1. The territory of the Russian Federation shall comprise the territories of its constituent entities, inland waters and territorial sea and the air space over them.

2. The Russian Federation shall have sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with the procedure specified by federal law and norms of international law.

3. Borders between constituent entities of the Russian Federation may be changed upon their mutual consent.

Article 68

1. The Russian language shall be the State language on the entire territory of the Russian Federation.

2. Republics shall have the right to establish their own State languages. In State government bodies, local self-government bodies and State institutions of republics they shall be used together with the State language of the Russian Federation.

3. The Russian Federation shall guarantee all of its peoples the right to preserve their native language and to create conditions for its study and development.

Article 69

The Russian Federation shall guarantee the rights of indigenous small peoples in accordance with the universally recognized principles and norms of international law and international treaties of the Russian Federation.

Article 70

1. The state flag, emblem and anthem of the Russian Federation, their description and the procedure for the official use thereof shall be established by federal constitutional law.

2. The capital of the Russian Federation shall be the city of Moscow. The status of the capital shall be established by federal law.

Article 71

The Russian Federation shall have jurisdiction over:
a) the adoption and amending of the Constitution of the Russian Federation and federal laws, control over compliance therewith;

b) the federative structure and the territory of the Russian Federation;

c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation, regulation and protection of the rights of national minorities;

d) establishment of the system of federal legislative, executive and judicial bodies, the procedure for their organisation and activities, the formation of federal State government bodies;

e) federal State property and administration thereof;

f) establishment of the basic principles of federal policy and federal programmes in the sphere of State, economic, ecological, social, cultural and national development of the Russian Federation;

g) establishment of the basic legal principles for the unified market; financial, currency, credit and customs regulation; money emission; the basic principles of pricing policy, federal economic services, including federal banks;

h) the federal budget, federal taxes and levies, federal funds of regional development;

i) federal power-engineering systems, nuclear power, fissile materials, federal transport, railways, information and communication, activities in space;

j) foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation, issues of war and peace;

k) foreign economic relations of the Russian Federation;

l) defence and security; military production; determination of the procedure for selling and purchasing weapons, ammunition, military equipment and other military hardware; production of poisonous substances, narcotic substances and the procedure for their use;

m) determination of the status and protection of the State border, territorial sea, air space, the exclusive economic zone and the continental shelf of the Russian Federation;

n) the judicial system, public prosecution, criminal, criminal-procedural and criminal-executive legislation, amnesty and remission, civil, civil-procedural and arbitration-procedural legislation, legal regulation of intellectual property;

o) federal collision law;

p) meteorological service, standards, metric and time systems, geodesy and cartography, names of geographical units, official statistics and accounting;

q) State awards and honorary titles of the Russian Federation;

r) federal State service.

Article 72

1. The following shall be within the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation:

a) measures to ensure the correspondence of constitutions and laws of republics, the charters, laws and other normative legal acts of krays, oblasts, cities
of federal significance, autonomous oblast and autonomous okrugs to the Constitution of the Russian Federation and federal laws;

b) protection of human and civil rights and freedoms, protection of the rights of national minorities, ensuring lawfulness, law and order, public security; border zone regimes;

c) issues of the possession, utilisation and management of land and of subsurface, water and other natural resources;

d) demarcation of State property;

e) use of natural resources, protection of the environment and provisions for ecological safety; specially protected natural territories, protection of historical and cultural monuments;

f) general issues of upbringing, education, science, culture, physical education and sport;

j) coordination of health care issues; protection of the family, maternity, fatherhood and childhood, social protection, including social security;

h) carrying out measures against catastrophes, natural disasters, epidemics and rectification of their consequences;

i) establishment of common principles of taxation and levies in the Russian Federation;

j) administrative, administrative-procedural, labour, family, housing, land, water and forest legislation; legislation on subsurface resources and on environmental protection;

k) personnel of judicial and law enforcement bodies; lawyers, notaries;

l) protection of the traditional habitat and the traditional way of life of small ethnic communities;

m) establishment of general principles of the organisation of the system of State government and local self-government bodies;

n) coordination of international and foreign economic relations of constituent entities of the Russian Federation, observance of international agreements of the Russian Federation.

2. The provisions of this Article shall be equally valid for republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs.

Article 73

Outside the limits of authority of the Russian Federation and the powers of the Russian Federation on issues under the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, the constituent entities of the Russian Federation shall enjoy full State power.

Article 74

1. In the territory of the Russian Federation it shall not be permitted to establish custom borders, duties, levies or any other barriers to the free flow of goods, services and financial resources.

2. Restrictions on the movement of goods and services may be introduced in accordance with federal law only to ensure security, to protect the life and health of people and to preserve nature and cultural values.

Article 75

1. The monetary unit in the Russian Federation shall be the rouble. Money emission shall be carried out exclusively by the Central Bank of the Russian Federation. The introduction and emission of other currencies in Russia shall not be permitted.

2. Protecting and ensuring the stability of the rouble shall be the principal function of the Central Bank of the Russian Federation, which it shall fulfil independently of other State governmental bodies.

3. The system of taxes paid to the federal budget and the general principles of taxation and levies in the Russian Federation shall be determined by federal law.

4. State loans shall be issued in accordance with the procedure specified by federal law and shall be floated on a voluntary basis.

Article 76

1. On issues under the jurisdiction of the Russian Federation, federal constitutional laws and federal laws shall be adopted. These shall have direct force on the entire territory of the Russian Federation.

2. On issues under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, in addition to federal laws, laws and other normative legal acts of constituent entities of the Russian Federation shall be issued which are adopted in accordance with those federal laws.

3. Federal laws may not conflict with federal constitutional laws.

4. Outside the limits of authority of the Russian Federation and of the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall exercise their own legal regulation, including the adoption of laws and other normative legal acts.

5. Laws and other normative legal acts of the constituent entities of the Russian Federation shall not conflict with federal laws which are adopted in accordance with parts one and two of this Article. In the event of a conflict between a federal law and any other act issued in the Russian Federation, the federal law shall prevail.

6. In the event of a conflict between a federal law and a normative legal act of a constituent entity of the Russian Federation issued in accordance with part four of this Article, the normative legal act of the constituent entity of the Russian Federation shall prevail.

Article 77

1. The system of State government bodies of republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall be established by the constituent entities of the Russian Federation independently in accordance with the basic principles of the constitutional order of the Russian Federation and the general principles of the organisation of representative and executive State government bodies which are established by federal law.

2. Within the limits of the jurisdiction and powers of the Russian Federation on issues under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation federal executive government bodies and executive government bodies of the constituent entities of the Russian Federation shall form a unified system of executive authority in the Russian Federation.

Article 78

1. Federal executive government bodies may, in order to exercise their powers, establish their own territorial bodies and appoint appropriate officials.

2. Federal executive government bodies, by agreement with executive government bodies of constituent entities of the Russian Federation, may delegate some of their powers to the latter provided that this does not conflict with the Constitution of the Russian Federation and federal laws.

3. Executive government bodies of constituent entities of the Russian Federation, by agreement with federal executive government bodies, may delegate some of their powers to the latter.

4. The President of the Russian Federation and the Government of the Russian Federation shall provide for the implementation of the powers of federal State power on the entire territory of the Russian Federation in accordance with the Constitution of the Russian Federation.

Article 79

The Russian Federation may participate in interstate associations and transfer some of its powers to those associations in accordance with international treaties provided that this does not entail restrictions on human and civil rights and freedoms and does not conflict with the basic principles of the constitutional order of the Russian Federation.

CHAPTER 4. THE PRESIDENT OF THE RUSSIAN FEDERATION
Article 80

1. The President of the Russian Federation shall be the Head of State.

2. The President of the Russian Federation shall be the guarantor of the Constitution of the Russian Federation and of human and civil rights and freedoms. In accordance with the procedure established by the Constitution of the Russian Federation, he (she) shall adopt measures to protect the sovereignty of the Russian Federation, its independence and State integrity, and shall ensure the coordinated functioning and interaction of State government bodies.

3. The President of the Russian Federation shall, in accordance with the Constitution of the Russian Federation and federal laws, determine the basic objectives of the internal and foreign policy of the State.

4. The President of the Russian Federation, as the Head of State, shall represent the Russian Federation within the country and in international relations.

Article 81

1. The President of the Russian Federation shall be elected for six years by citizens of the Russian Federation on the basis of universal, equal, direct suffrage by secret ballot.

2. Any citizen of the Russian Federation not younger than 35 years of age who has resided in the Russian Federation on a permanent basis for not less than 10 years may be elected President of the Russian Federation.

3. One and the same person cannot hold the office of the President of the Russian Federation for more than two terms running.

4. The procedure for elections of the President of the Russian Federation shall be determined by federal law.

Article 82

1. On assuming office the President of the Russian Federation shall take the following oath of loyalty to the people:
“I swear that in exercising the powers of the President of the Russian Federation I shall respect and protect human and civil rights and freedoms, observe and protect the Constitution of the Russian Federation, protect the sovereignty and independence, security and integrity of the State, and faithfully serve the people”.

2. The oath shall be taken in a solemn ceremony in the presence of members of the Council of Federation, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.

Article 83

The President of the Russian Federation:

a) shall appoint, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

b) shall have the right to chair meetings of the Government of the Russian Federation;

c) shall adopt decisions on the resignation of the Government of the Russian Federation;

d) shall nominate to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; shall raise before the State Duma the issue of relieving the Chairman of the Central Bank of the Russian Federation of his post;

e) in accordance with proposals of the Chairman of the Government of the Russian Federation, shall appoint and relieve of their post deputy chairmen of the Government of the Russian Federation and federal ministers;

f) shall present to the Council of Federation candidates for the posts of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and a candidate for the post of Prosecutor General of the Russian Federation; shall submit to the Council of Federation proposals to relieve the Prosecutor General of the Russian Federation of his post; and shall appoint judges of other federal courts;

g) shall form and head the Security Council of the Russian Federation, the status of which shall be determined by federal law;

h) shall approve the military doctrine of the Russian Federation;

i) shall form the Administration of the President of the Russian Federation;

j) shall appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;

k) shall appoint and dismiss supreme commanders of the Armed Forces of the Russian Federation;

l) shall appoint and recall after consultations with appropriate committees and commissions of the chambers of the Federal Assembly diplomatic representatives of the Russian Federation in foreign States and international organisations.

Article 84

The President of the Russian Federation:

a) shall announce elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;

b) shall dissolve the State Duma in the cases and in accordance with the procedure provided for by the Constitution of the Russian Federation;

c) shall announce referendums in accordance with the procedure established by federal constitutional law;

d) shall submit draft laws to the State Duma;

e) shall sign and promulgate federal laws;

f) shall address the Federal Assembly with annual messages on the situation in the country and on the basic objectives of the internal and foreign policy of the State.

Article 85

1. The President of the Russian Federation may use conciliatory procedures to resolve disputes between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, and disputes between State government bodies of constituent entities of the Russian Federation. In the event that no agreed decision is reached, he (she) shall have the right to refer the dispute to the appropriate court.

2. The President of the Russian Federation shall have the right to suspend acts of executive government bodies of constituent entities of the Russian Federation in the event that these acts conflict with the Constitution of the Russian Federation and federal laws or with international commitments of the Russian Federation, or violate human and civil rights and freedoms until the issue is resolved by an appropriate court.

Article 86

The President of the Russian Federation:

a) shall direct the foreign policy of the Russian Federation;

b) shall hold negotiations and sign international treaties of the Russian Federation;

c) shall sign instruments of ratification;

d) shall receive letters of credence and letters of recall of diplomatic representatives accredited to his (her) office.

Article 87

1. The President of the Russian Federation shall be the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

2. In the event of aggression against the Russian Federation or of a direct threat of aggression, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or on certain parts thereof and shall immediately inform the Council of Federation and the State Duma of this.

3. The regime of martial law shall be defined by federal constitutional law.

Article 88

The President of the Russian Federation, in the circumstances and in accordance with the procedure envisaged by federal constitutional law, shall introduce a state of emergency on the territory of the Russian Federation or on certain parts thereof and shall immediately inform the Council of Federation and the State Duma of this.

Article 89

The President of the Russian Federation:

a) shall decide on issues of citizenship of the Russian Federation and of granting political asylum;

b) shall bestow State awards of the Russian Federation and confer honorary titles of the Russian Federation and supreme military and supreme specialtitles;

c) shall grant pardon.

Article 90

1. The President of the Russian Federation shall issue edicts and regulations.

2. The edicts and regulations of the President of the Russian Federation shall be binding on the entire territory of the Russian Federation.

3. Edicts and regulations of the President of the Russian Federation must not conflict with the Constitution of the Russian Federation and federal laws.

Article 91

The President of the Russian Federation shall have immunity.

Article 92

1. The President of the Russian Federation shall begin to exercise his (her) powers from the moment of taking the oath and shall cease to do so when his (her) term of office expires and after a newly-elected the President of the Russian Federation has been sworn in.

2. The President of the Russian Federation shall cease to exercise his (her) powers before the end of his (her) term in the event of his (her) resignation, persistent inability for health reasons to carry out the powers invested in him (her), or impeachment. Presidential elections shall be held before the expiration of three months from the date of the early termination of presidential office.

3. In all cases where the President of the Russian Federation is unable to fulfil his (her) duties, they shall be temporarily delegated to the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation shall not have the right to dissolve the State Duma, call a referendum or to submit proposals for amendments to and the revision of the provisions of the Constitution of the Russian Federation.

Article 93

1. The President of the Russian Federation may be impeached by the Council of Federation only on the basis of charges of high treason or of another grave crime brought by the State Duma and confirmed by a resolution of the Supreme Court of the Russian Federation on the existence of indications of a crime in the actions of the President of the Russian Federation and by a resolution of the Constitutional Court of the Russian Federation confirming that the established procedure for bringing charges has been observed.

2. The decision of the State Duma to bring charges and the decision of the Council of Federation to impeach the President must be adopted by two-thirds of votes of the total number of members of each chamber on the initiative of not less than one third of deputies of the State Duma and on the basis of a resolution of a special commission set up by the State Duma.

3. The decision of the Council of Federation to impeach the President of the Russian Federation must be adopted not later than three months after the State Duma brings charges against the President. If a decision of the Council of Federation is not adopted within this time the charges against the President shall be regarded as having been declined.

CHAPTER 5. THE FEDERAL ASSEMBLY
Article 94

The Federal Assembly – parliament of the Russian Federation shall be the representative and legislative body of the Russian Federation.

Article 95

1. The Federal Assembly shall consist of two chambers – the Council of Federation and the State Duma.

2. The Council of Federation shall include two representatives from each constituent entity of the Russian Federation: one from the legislative and one from the executive State government body.

3. The State Duma shall consist of 450 deputies.

Article 96

1. The State Duma shall be elected for a term of five years.

2. The procedure for forming the Council of Federation and the procedure for electing deputies to the State Duma shall be established by federal laws.

Article 97

1. Any citizen of the Russian Federation who has reached 21 years of age and who has the right to participate in elections may be elected deputy of the State Duma.

2. One and the same person may not be simultaneously a member of the Council of Federation and a deputy of the State Duma. A deputy of the State Duma may not be a deputy of other representative State government bodies and local self-government bodies.

3. Deputies of the State Duma shall work on a professional permanent basis. Deputies of the State Duma may not be employed in State service or engage in other paid activities, except for teaching and scientific and other creative work.

Article 98

1. Members of the Council of Federation and deputies of the State Duma shall enjoy immunity during the whole term of their office. They may not be detained, arrested or searched, except in the event of detention at the scene of a crime. They may not be subjected to personal searches, except in instances where this is provided for by federal law in order to ensure the safety of other people.

2. The issue of the removal of immunity shall be resolved by an appropriate chamber of the Federal Assembly upon submission of the Prosecutor General of the Russian Federation.

Article 99

1. The Federal Assembly shall be a permanently functioning body.

2. The State Duma shall convene its first session on the thirtieth day after election. The President of the Russian Federation may convene a session of the State Duma earlier than this date.

3. The first session of the State Duma shall be opened by the oldest deputy.

4. From the moment that the State Duma of a new convocation begins to work the powers of the State Duma of the previous convocation shall expire.

Article 100

1. The Council of Federation and the State Duma shall hold separate sessions.

2. Sessions of the Council of Federation and of the State Duma shall be open. In the cases envisaged by the procedural regulations of a chamber, the latter shall have the right to hold closed-door sessions.

3. The chambers may hold joint sessions to hear messages of the President of the Russian Federation, messages of the Constitutional Court of the Russian Federation and speeches of leaders of foreign states.

Article 101

1. The Council of Federation shall elect from among its members the Chairman of the Council of Federation and his (her) deputies. The State Duma shall elect from among its members the Chairman of the State Duma and his (her) deputies.

2. The Chairman of the Council of Federation and his (her) deputies and the Chairman of the State Duma and his (her) deputies shall chair sessions and shall be in charge of the internal routine of the chamber.

3. The Council of Federation and the State Duma shall set up committees and commissions and shall hold parliamentary hearings on issues under their authority.

4. Each of the chambers shall adopt its procedural regulations and resolve issues relating to the routine procedures for its activities.

5. To monitor implementation of the federal budget the Council of Federation and the State Duma shall set up the Accounts Chamber, whose composition and work procedures shall be determined by federal law.

Article 102

The following shall be within the jurisdiction of the Council of Federation:

a) approval of border changes between constituent entities of the Russian Federation;

b) approval of edict of the President of the Russian Federation on the introduction of martial law;

c) approval of edict of the President of the Russian Federation on the introduction of a state of emergency;

d) deciding on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

e) announcement of elections of the President of the Russian Federation;

f) impeachment of the President of the Russian Federation;

g) appointment of judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, and of the Supreme Arbitration Court of the Russian Federation;

h) appointment and dismissal of the Prosecutor General of the Russian Federation;

i) appointment and dismissal of the deputy Chairman and half of the auditors of the Accounts Chamber.

2. The Council of Federation shall adopt decreeson issues referred to its authority by the Constitution of the Russian Federation.

3. Decrees of the Council of Federation shall be adopted by a majority of the total number of members of the Council of Federation unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation.

Article 103

The following shall be within the jurisdiction of the State Duma:

a) consent to the appointment of the Chairman of the Government of the Russian Federation by the President of the Russian Federation;

b) deciding the issue of confidence in the Government of the Russian Federation;

c) hearing annual reports from the Government of the Russian Federation on the results of its work, including on issues raised by the State Duma;

d) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;

e) appointment and dismissal of the Chairman and half of the auditors of the Accounts Chamber;

f) appointment and dismissal of the Commissioner for Human Rights, who shall act according to federal constitutional law;

g) announcement of amnesty;

h) bringing charges against the President of the Russian Federation for his (her) impeachment;

2. The State Duma shall adopt decrees on issues referred to its authority by the Constitution of the Russian Federation.

3. Decrees of the State Duma shall be adopted by a majority of the total number of deputies of the State Duma, unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation.

Article 104

1. The right of legislative initiative shall belong to the President of the Russian Federation, the Council of Federation, members of the Council of Federation, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of constituent entities of the Russian Federation. The right of legislative initiative shall also belong to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues within their competence.

2. Bills shall be submitted to the State Duma.

3. Bills on the introduction or cancellation of taxes, on exemption from taxes, on the issue of State loans, on changes in the financial obligations of the State, and other bills envisaging expenses to be covered from the federal budget may be submitted only upon a resolution of the Government of the Russian Federation.

Article 105

1. Federal laws shall be adopted by the State Duma.

2. Federal laws shall be adopted by a majority of votes of the total number of deputies of the State Duma, unless otherwise envisaged by the Constitution of the Russian Federation.

3. Federal laws adopted by the State Duma shall be submitted within five days for examination by the Council of Federation.

4. A federal law shall be considered to have been approved by the Council of Federation if over a half of the total number of members of that chamber have voted for it or if the Council of Federation does not examine it within fourteen days. In the event that the Council of Federation rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be reconsidered by the State Duma.

5. In the event that the State Duma disagrees with the decision of the Council of Federation a federal law shall be considered to have been adopted if in the second vote not less than two thirds of the total number of deputies of the State Duma has voted in favour of it.

Article 106

Federal laws adopted by the State Duma on the following issues must compulsorily be examined by the Council of Federation:

a) the federal budget;

b) federal taxes and levies;

c) financial, currency, credit and customs regulation, money emission;

d) ratification and denunciation of international treaties of the Russian Federation;

e) the status and protection of the State border of the Russian Federation;

f) war and peace.

Article 107

1. An adopted federal law shall be submitted within five days to the President of the Russian Federation for signing and promulgation.

2. The President of the Russian Federation shall sign the federal law and promulgate it within fourteen days.

3. If the President of the Russian Federation rejects a federal law within fourteen days of receiving it, the State Duma and the Council of Federation shall reconsider that law in accordance with the procedure established by the Constitution of the Russian Federation. If upon reconsideration the law is approved in the previously adopted wording by a majority of not less than two thirds of the total number of members of the Council of Federation and of deputies of the State Duma, it must be signed by the President within seven days and promulgated.

Article 108

1. Federal constitutional laws shall be adopted on issues envisaged by the Constitution of the Russian Federation.

2. A federal constitutional law shall be considered to have been adopted if it is approved by a majority of not less than three quarters of the total number of members of the Council of Federation and not less than two-thirds of the total number of deputies of the State Duma. An adopted federal constitutional law shall be signed by the President of the Russian Federation and promulgated within fourteen days.

Article 109

1. The State Duma may be dissolved by the President of the Russian Federation in the cases envisaged by Articles 111 and 117 of the Constitution of the Russian Federation.

2. In the event that the State Duma is dissolved, the President of the Russian Federation shall announce the date of elections so that a newly-elected State Duma may be convened not later than four months after the dissolution.

3. The State Duma may not be dissolved on the grounds envisaged in Article 117 of the Constitution of the Russian Federation during the year following its election.

4. The State Duma may not be dissolved from the moment that it brings charges against the President of the Russian Federation until the Council of Federation adopts a decision on the issue.

5. The State Duma may not be dissolved while a state of emergency or martial law is in effect on the whole territory of the Russian Federation, or during the last six months of the term of office of the President of the Russian Federation.

CHAPTER 6. THE GOVERNMENT OF THE RUSSIAN FEDERATION
Article 110

1. Executive power in the Russian Federation shall be exercised by the Government of the Russian Federation.

2. The Government of the Russian Federation shall consist of the Chairman of the Government of the Russian Federation, deputy chairmen of the Government of the Russian Federation and federal ministers.

Article 111

1. The Chairman of the Government of the Russian Federation shall be appointed by the President of the Russian Federation with the consent of the State Duma.

2. Nominations for the Chairman of the Government of the Russian Federation shall be submitted not later than two weeks after a newly-elected President of the Russian Federation assumes office or after the resignation of the Government of the Russian Federation or within one week after the State Duma has rejected a nomination.

3. The State Duma shall consider the candidate nominated by the President of the Russian Federation for the post of Chairman of the Government of the Russian Federation within one week after the submission of the nomination.

4. In the event that the State Duma rejects the candidates for the post of Chairman of the Government of the Russian Federation three times, the President of the Russian Federation shall appoint the Chairman of the Government of the Russian Federation, dissolve the State Duma and announce new elections.

Article 112

1. The Chairman of the Government of the Russian Federation shall, not later than one week after appointment, submit to the President of the Russian Federation proposals on the structure of federal executive government bodies.

2. The Chairman of the Government of the Russian Federation shall propose to the President of the Russian Federation candidates for the posts of deputy chairmen of the Government of the Russian Federation and federal ministers.

Article 113

The Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation, shall determine the basic objectives of the activities of the Government of the Russian Federation and shall organize its work.

Article 114

1. The Government of the Russian Federation:

a) shall develop and submit to the State Duma a federal budget and provide for its implementation; shall submit to the State Duma a report on the implementation of the federal budget; and shall submit to the State Duma annual reports on the results of its work, including on issues raised by the State Duma;

b) shall ensure the implementation in the Russian Federation of a uniform financial, credit and monetary policy;

c) shall ensure the implementation in the Russian Federation of a uniform State policy in the sphere of culture, science, education, health, social security and ecology;

d) shall carry out the administration of federal property;

e) shall carry out measures to secure the defense of the country, State security, and implementation of the foreign policy of the Russian Federation;

f) shall implement measures to ensure lawfulness
and civil rights and freedoms, protect property and public order, and combat crime;

g) shall exercise other functions, which are entrusted to it by the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation.

2. The procedure for the activities of the Government of the Russian Federation shall be determined by federal constitutional law.

Article 115

1. On the basis of the Constitution of the Russian Federation, federal laws and normative edicts of the President of the Russian Federation and for the purpose of their implementation, the Government of the Russian Federation shall issue decrees and regulations and ensure their implementation.

2. Decrees and regulations of the Government of the Russian Federation shall be binding in the Russian Federation.

3. In the event that decrees and regulations of the Government of the Russian Federation conflict with the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation, they may be abolished by the President of the Russian Federation.

Article 116

The Government of the Russian Federation shall resign its powers before a newly-elected President of the Russian Federation.

Article 117

1. The Government of the Russian Federation may offer its resignation and the President of the Russian Federation shall either accept or reject it.

2. The President of the Russian Federation may decide on the resignation of the Government of the Russian Federation.

3. The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government shall be adopted by a majority of votes of the total number of deputies of the State Duma. After the State Duma has expressed no confidence in the Government of the Russian Federation, the President of the Russian Federation shall have the right to announce the resignation of the Government or to reject the decision of the State Duma.
In the event that the State Duma expresses no confidence in the Government of the Russian Federation again within three months, the President of the Russian Federation shall announce the resignation of the Government or dissolve the State Duma.

4. The Chairman of the Government of the Russian Federation may raise before the State Duma the issue of confidence in the Government of the Russian Federation. If the State Duma returns a vote of no confidence, the President shall within seven days adopt a decision on the resignation of the Government of the Russian Federation or on the dissolution of the State Duma and the announcement of new elections.

5. In the event of the resignation or cessation of the powers of the Government of the Russian Federation, it shall continue to work on the instructions of the President of the Russian Federation until a new Government of the Russian Federation is formed.

CHAPTER 7. JUDICIAL AUTHORITY
Article 118

1. Justice in the Russian Federation shall be administered only by court.

2. Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings.

3. The judicial system in the Russian Federation shall be established by the Constitution of the Russian Federation and federal constitutional law. The creation of extraordinary courts shall not be permitted.

Article 119

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

1. Judges shall be independent and shall be subordinate only to the Constitution of the Russian Federation and federal law.

2. Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.

Article 121

1. Judges shall be irremovable.

2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

Article 122

1. Judges shall be inviolable.

2. A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

Article 123

1. The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.

2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.

3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.

4. In cases provided for by federal law, judicial proceedings shall be conducted with the participation of a jury.

Article 124

Courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law.

Article 125

1. The Constitutional Court of the Russian Federation shall consist of 19 judges.

2. The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Council of Federation, the State Duma, one fifth of the members of the Council of Federation or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, and legislative and executive government bodies of constituent entities of the Russian Federation, shall decide on cases on conformity to the Constitution of the Russian Federation of:

a) federal laws, normative acts of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation;

b) constitutions of republics, charters, and laws and other normative acts of constituent entities of the Russian Federation adopted on issues under the jurisdiction of State government bodies of the Russian Federation or under the joint jurisdiction of State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation;

c) treaties between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, treaties between State government bodies of constituent entities of the Russian Federation;

d) international treaties of the Russian Federation, which are not in force.

3. The Constitutional Court of the Russian Federation shall resolve disputes on authority:

a) between federal State government bodies;

b) between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation;

c) between higher State government bodies of constituent entities of the Russian Federation.

4. The Constitutional Court of the Russian Federation, on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with the procedure established by federal law, the constitutionality of a law which is used or is to be used in a particular case.

5. The Constitutional Court of the Russian Federation, upon request of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, and legislative authorities of constituent entities of the Russian Federation, shall provide interpretation of the Constitution of the Russian Federation.

6. Acts or certain provisions thereof, which are recognized as unconstitutional, shall lose force; international treaties of the Russian Federation, which do not correspond to the Constitution of the Russian Federation, shall not be implemented or used.

7. The Constitutional Court of the Russian Federation, upon request of the Council of Federation, shall issue a resolution on the observation of the established procedure for bringing charges of treason or of other grave crimes against the President of the Russian Federation.

Article 126

The Supreme Court of the Russian Federation shall be the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of common courts; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.

Article 127

The Supreme Arbitration Court of the Russian Federation shall be the highest judicial body for settling economic disputes and other cases examined by arbitration courts; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.

Article 128

1. Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian
Federation and the Supreme Arbitration Court of the Russian Federation shall be appointed by the Council of Federation upon nomination by the President of the Russian Federation.

2. Judges of other federal courts shall be appointed by the President of the Russian Federation in accordance with the procedure established by federal law.

3. The powers and the procedure for the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts shall be established by federal constitutional law.

Article 129

1. The office of the Prosecutor General of the Russian Federation shall be a single centralised structure in which public prosecutors are subordinated to higher public prosecutors and to the Prosecutor General of the Russian Federation.

2. The Prosecutor General of the Russian Federation shall be appointed and dismissed by the Council of Federation upon a proposal of the President of the Russian Federation.

3. Public prosecutors of constituent entities of the Russian Federation shall be appointed by the Prosecutor General of the Russian Federation by agreement with the constituent entities.

4. Other public prosecutors shall be appointed by the Prosecutor General of the Russian Federation.

5. The powers, organisation and procedure for the activities of the office of the Prosecutor General of the Russian Federation shall be determined by federal law.

CHAPTER 8. LOCAL SELF-GOVERNMENT
Article 130

1. Local self-government in the Russian Federation shall provide for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property.

2. Local self-government shall be exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government.

Article 131

1. Local self-government shall be administered in urban and rural settlements and on other territories with due consideration to historical and other local traditions. The structure of bodies of local self-government shall be determined by the population independently.

2. Changes of borders of the territories in which local self-government is administered shall be permitted with due consideration to the opinion of the inhabitants of the relevant territories.

Article 132

1. Bodies of local self-government shall independently manage municipal property, form, approve and implement the local budget, introduce local taxes and levies, ensure the preservation of public order, and resolve other issues of local importance.

2. Bodies of local self-government may be vested by law with certain State powers and accordingly receive material and financial resources which are necessary for their implementation. The implementation of the vested power shall be controlled by the State.

Article 133

Local self-government in the Russian Federation shall be guaranteed by the right to legal protection and compensation of additional expenses arising as a result of decisions adopted by State government bodies, and by a ban on restrictions of the rights of local self-government which are established by the Constitution of the Russian Federation and federal laws.

CHAPTER 9. CONSTITUTIONAL AMENDMENTS AND REVISION OF THE CONSTITUTION
Article 134

Proposals on amendments to and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, and by groups consisting of not less than one fifth of the members of the Council of Federation or of the deputies of the State Duma.

Article 135

1. The provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation may not be revised by the Federal Assembly.

2. If a proposal on revising the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation is supported by three fifths of the total number of members of the Council of Federation and deputies of the State Duma, then in accordance with federal constitutional law, a Constitutional Assembly shall be convened.

3. The Constitutional Assembly shall either confirm the invariability of the Constitution of the Russian Federation or draft a new Constitution of the Russian Federation, which shall be adopted by the Constitutional Assembly by two thirds of the total number of its members or shall be referred to a referendum. In the event that a referendum is held, the Constitution of the Russian Federation shall be considered to have been adopted if over one half of voters who participated in the vote voted in favour of it and provided that over a half of the electorate participated in the referendum.

Article 136

Amendments to the provisions of Chapters 3-8 of the Constitution of the Russian Federation shall be adopted in accordance with the procedure established for the adoption of federal constitutional law and shall come into force after they have been approved by legislative authorities of not less than two thirds of the constituent entities of the Russian Federation.

Article 137

1. Amendments to Article 65 of the Constitution of the Russian Federation which determines the composition of the Russian Federation shall be introduced on the basis of a federal constitutional law on the admission to the Russian Federation and the creation within it of new constituent entities of the Russian Federation, or on changes in the constitutional and legal status of a constituent entity of the Russian Federation.

2. In the event of a change in the name of a republic, kray, oblast, city of federal significance, autonomous oblast or autonomous okrug the new name of the constituent entity of the Russian Federation shall be included in Article 65 of the Constitution of the Russian Federation.

SECTION TWO
Concluding and interim provisions

1. The Constitution of the Russian Federation shall come into force from the moment of its official publication according to the results of the national referendum.
The day of the national referendum, December 12, 1993, shall be considered the day of adopting the Constitution of the Russian Federation.
At the same time the Constitution (Fundamental Law) of the Russian Federation – Russia adopted on April 12, 1978 with all amendments and additions shall cease to have effect.
In the event of the non-conformity to the Constitution of the Russian Federation of the provisions of the Federation Treaty – Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and the State government bodies of constituent sovereign republics of the Russian Federation, the Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and the State government bodies of krays, oblasts, and the cities of Moscow and St.Petersburg of the Russian Federation, the Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and State government bodies of autonomous oblast and autonomous okrugs within the Russian Federation, and other treaties between federal State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation and treaties between State government bodies of constituent entities of the Russian Federation, the provisions of the Constitution of the Russian Federation shall apply.

2. Laws and other legal acts which were in force on the territory of the Russian Federation before this Constitution comes into force shall apply to the extent that they do not conflict with the Constitution of the Russian Federation.

3. The President of the Russian Federation, elected in accordance with the Constitution (Fundamental Law) of the Russian Federation – Russia, shall from the day that this Constitution comes into force exercise the powers established by it until the term of office for which he (she) was elected expires.

4. The Council of Ministers – Government of the Russian Federation – from the moment that this Constitution comes into force, shall acquire the rights, obligations and responsibilities of the Government of the Russian Federation, which are established by the Constitution of the Russian Federation and shall hereafter be called the Government of the Russian Federation.

5. The courts of the Russian Federation shall administer justice in accordance with their powers as established by this Constitution.
After the Constitution has come into force, judges of all courts of the Russian Federation shall retain their powers until the term for which they were elected expires. Vacant positions shall be filled in accordance with the procedure established by this Constitution.

6. Until the adoption and implementation of the federal law, which establishes the procedure for the examination of cases by a court of jury, the existing procedure for the court examination of corresponding cases shall apply.
Until criminal-procedural legislation of the Russian Federation has been brought into line with the provisions of this Constitution, the previous procedure for the arrest, detention and keeping in custody of persons suspected of committing a crime shall apply.

7. The Council of Federation of the first convocation and the State Duma of the first convocation shall be elected for a period of two years.

8. The Council of Federation shall meet for its first session on the thirtieth day after the elections. The first session of the Council of Federation shall be opened by the President of the Russian Federation.

9. A deputy of the State Duma of the first convocation may be simultaneously a member of the Government of the Russian Federation. Provisions of this Constitution on the immunity of deputies with respect to responsibility for actions (inaction) connected with the fulfilment of their official duties shall not extend to deputies of the State Duma who are members of the Government of the Russian Federation.

Deputies of the Council of Federation of the first convocation shall exercise their powers on a non-permanent basis.


 

The French Constitution

France is an indivisible, secular, democratic and social republic

Constitution du 4 octobre 1958

Constitution of October 4, 1958 (JORF No. 0238 of October 5, 1958, page 9151)

Edition: March 3, 2017

Contents

PREAMBLE
First article.
Title I – SOVEREIGNTY
Article 2.
Article 3.
Article 4.
Title II – THE PRESIDENT OF THE REPUBLIC
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Title III – THE GOVERNMENT
Article 20.
Article 21.
Article 22.
Article 23.
Title IV – THE PARLIAMENT
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Title V – REPORTS BETWEEN PARLIAMENT AND GOVERNMENT
Article 34.
Article 34-1.
Article 35.
Article 36.
Article 37.
Article 37-1.
Article 38.
Article 39.
Article 40.
Article 41.
Article 42.
Article 43.
Article 44.
Article 45.
Article 46.
Article 47.
Article 47-1.
Article 47-2.
Article 48.
Article 49.
Article 50.
Article 50-1.
Article 51.
Article 51-1.
Article 51-2.
Title VI – TREATIES AND INTERNATIONAL AGREEMENTS
Article 52.
Article 53.
Article 53-1.
Article 53-2.
Article 54.
Article 55.
Title VII – THE CONSTITUTIONAL COUNCIL
Article 56.
Article 57.
Article 58.
Article 59.
Article 60.
Article 61.
Article 61-1.
Article 62.
Article 63.
Title VIII – JUDICIAL AUTHORITY
Article 64.
Article 65.
Article 66.
Article 66-1.
Title IX – THE HIGH COURT
Article 67.
Article 68.
Title X – CRIMINAL RESPONSIBILITY OF GOVERNMENT MEMBERS
Article 68-1.
Article 68-2.
Article 68-3.
Title XI – THE ECONOMIC, SOCIAL AND ENVIRONMENTAL COUNCIL
Article 69.
Article 70.
Article 71.
Title XI bis – THE DEFENDER OF RIGHTS
Article 71-1.
Title XII – TERRITORIAL COMMUNITIES
Article 72.
Article 72-1.
Article 72-2.
Article 72-3.
Article 72-4.
Article 73.
Article 74.
Article 74-1.
Article 75.
Article 75-1.
Title XIII – TRANSITIONAL PROVISIONS RELATING TO NEW CALEDONIA
Article 76.
Article 77.
Title XIV – FRANCOPHONIE AND ASSOCIATION AGREEMENTS
Article 87.
Article 88.
Title XV – THE EUROPEAN UNION
Article 88-1.
Article 88-2.
Article 88-3.
Article 88-4.
Article 88-5.
Article 88-6.
Article 88-7.
Title XVI – REVISION
Article 89.The French


The Government of the Republic, in accordance with the Constitutional Law of 3 June 1958, has proposed,

The French people adopted,

The President of the Republic promulgates the constitutional law whose content follows:


Le Gouvernement de la République, conformément à la loi constitutionnelle du 3 juin 1958, a proposé,

Le peuple français a adopté,

Le Président de la République promulgue la loi constitutionnelle dont la teneur suit :


PREAMBLE

The French people solemnly proclaim their commitment to human rights and the principles of national sovereignty as defined by the Declaration of 1789 , confirmed and supplemented by the preamble to the 1946 Constitution , as well as the rights of the people. and duties defined in the 2004 Environmental Charter .

By virtue of these principles and of the free determination of the peoples, the Republic offers the Overseas Territories which express the will to adhere to it new institutions based on the common ideal of freedom, equality and equality. fraternity and designed for their democratic evolution.


PRÉAMBULE

Le peuple français proclame solennellement son attachement aux Droits de l’homme et aux principes de la souveraineté nationale tels qu’ils ont été définis par la Déclaration de 1789, confirmée et complétée par le préambule de la Constitution de 1946, ainsi qu’aux droits et devoirs définis dans la Charte de l’environnement de 2004.

En vertu de ces principes et de celui de la libre détermination des peuples, la République offre aux territoires d’Outre-Mer qui manifestent la volonté d’y adhérer des institutions nouvelles fondées sur l’idéal commun de liberté, d’égalité et de fraternité et conçues en vue de leur évolution démocratique.


First article.

France is an indivisible, secular, democratic and social republic. It ensures equality before the law of all citizens without distinction of origin, race or religion. She respects all beliefs. Its organization is decentralized.

The law promotes equal access for women and men to electoral mandates and elective functions, as well as to professional and social responsibilities.


Article premier.

La France est une République indivisible, laïque, démocratique et sociale. Elle assure l’égalité devant la loi de tous les citoyens sans distinction d’origine, de race ou de religion. Elle respecte toutes les croyances. Son organisation est décentralisée.

La loi favorise l’égal accès des femmes et des hommes aux mandats électoraux et fonctions électives, ainsi qu’aux responsabilités professionnelles et sociales.


Title I – SOVEREIGNTY
Article 2.

The language of the Republic is French.

The national emblem is the tricoloured flag, blue, white, red.

The national anthem is the “Marseillaise”.

The motto of the Republic is “Freedom, Equality, Fraternity”.

Its principle is: government of the people, by the people and for the people.

Article 3.
National sovereignty belongs to the people who exercise it through their representatives and by referendum.

No section of the people nor any individual can assume the exercise.

Suffrage may be direct or indirect under the conditions provided by the Constitution. it is always universal, equal and secret.

The electors, under the conditions determined by law, are all major French nationals of both sexes, enjoying their civil and political rights.

Article 4.
Political parties and groups contribute to the expression of suffrage. They form and exercise their activity freely. They must respect the principles of national sovereignty and democracy.

They contribute to the implementation of the principle set out in the second paragraph of Article 1 under the conditions determined by law.

The law guarantees pluralistic expressions of opinion and the equitable participation of political parties and groups in the democratic life of the nation.

 

Title II – THE PRESIDENT OF THE REPUBLIC

Article 5.
The President of the Republic ensures the respect of the Constitution. It ensures, by its arbitration, the regular functioning of the public authorities as well as the continuity of the State.

It is the guarantor of national independence, territorial integrity and respect for treaties.

Article 6.
The President of the Republic is elected for five years by direct universal suffrage.

No one may serve more than two consecutive terms.

The methods of application of this article are laid down in an organic law.

Article 7.
The President of the Republic is elected by an absolute majority of the votes cast. If it is not obtained in the first ballot, a second ballot shall be taken on the fourteenth day following. Only the two candidates who, if necessary after the withdrawal of more advantaged candidates, are to have the highest number of votes in the first round.

Voting is open upon convocation of the Government.

The election of the new President shall take place at least twenty days and not more than thirty-five days before the expiry of the powers of the President-in-Office.

In the event of vacancy of the Presidency of the Republic for any reason whatsoever, or of impediment noted by the Constitutional Council seized by the Government and acting by an absolute majority of its members, the functions of the President of the Republic, at the except those provided for in Articles 11 and 12 below, are provisionally exercised by the President of the Senate and, if he is in turn prevented from exercising these functions, by the Government.

In case of vacancy or when the impediment is declared definitive by the Constitutional Council, the ballot for the election of the new president takes place, except in cases of force majeure recognized by the Constitutional Council, twenty days at least and thirty-five days at more after the opening of the vacancy or the declaration of the definitive nature of the impediment.

If, in the seven days preceding the closing date for submitting nominations, one of the persons who, less than thirty days before that date, publicly announced his decision to become a candidate dies or is prevented from doing so, the Constitutional Council may decide to postpone the election.

If, before the first round, one of the candidates dies or is prevented, the Constitutional Council pronounces the postponement of the election.

In the event of the death or incapacity of one of the two most favored candidates in the first round before any withdrawals, the Constitutional Council declares that all the electoral operations must be carried out again; the same applies in the event of the death or incapacity of one of the two candidates remaining in the presence for the second round.

In all cases, the Constitutional Council is seized under the conditions set in the second paragraph of Article 61 below or in those determined for the presentation of a candidate by the organic law provided for in Article 6 above.

The Constitutional Council may extend the time limits provided for in the third and fifth paragraphs without the vote being held more than thirty-five days after the date of the decision of the Constitutional Council. If the application of the provisions of this paragraph has had the effect of postponing the election to a date subsequent to the expiry of the powers of the incumbent President, the latter shall remain in office until the proclamation of his successor.

Articles 49 and 50 and 89 of the Constitution can not be applied during the vacancy of the Presidency of the Republic or during the period between the declaration of the definitive nature of the President’s incapacity of the Republic and the election of his successor.

Article 8.
The President of the Republic appoints the Prime Minister. He terminates his duties on the presentation by him of the resignation of the Government.

On the proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.

Article 9.
The President of the Republic chairs the Council of Ministers.

Article 10.
The President of the Republic promulgates the laws within fifteen days following the transmission to the Government of the definitively adopted law.

He may, before the expiry of this period, ask the Parliament for a new deliberation of the law or some of its articles. This new deliberation can not be refused.

Article 11.
The President of the Republic, on the proposal of the Government during the duration of the sessions or on the joint proposal of the two Assemblies, published in the Official Gazette , may submit to the referendum any draft law on the organization of the public authorities, on reforms relating to the economic, social or environmental policy of the nation and the public services which contribute to it, or tending to authorize the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of the institutions.

When the referendum is organized on a proposal from the Government, the latter makes a statement before each assembly, which is followed by a debate.

A referendum on an object mentioned in the first paragraph may be organized on the initiative of one fifth of the members of Parliament, supported by one-tenth of the voters registered on the electoral lists. This initiative takes the form of a legislative proposal and can not be used to repeal a legislative provision that has been in place for less than a year.

The conditions of its presentation and those in which the Constitutional Council controls compliance with the provisions of the preceding paragraph are determined by an organic law.

If the bill has not been examined by both assemblies within a deadline set by the organic law, the President of the Republic submits it to the referendum.

When the bill of law is not adopted by the French people, no new proposal for a referendum on the same subject can be presented before the expiry of a period of two years following the polling date.

When the referendum concludes the adoption of the bill or bill, the President of the Republic promulgates the law within fifteen days after the proclamation of the results of the consultation.

Article 12.
The President of the Republic may, after consultation with the Prime Minister and the presidents of the assemblies, pronounce the dissolution of the National Assembly.

General elections shall be held not less than twenty days and not more than forty days after the dissolution.

The National Assembly meets as of right on the second Thursday following its election. If this meeting is held outside the period provided for the ordinary session, a session shall be open for a period of fifteen days.

There can be no further dissolution in the year following these elections.

Article 13.
The President of the Republic signs orders and decrees deliberated in the Council of Ministers.

He appoints to the civil and military jobs of the State.

The State Councilors, the Grand Chancellor of the Legion of Honor, the ambassadors and envoys extraordinary, the master advisers to the Court of Auditors, the prefects, the representatives of the State in the oversea communities governed by Article 74 and in New Caledonia, the general officers, the rectors of the academies, the directors of the central administrations are appointed in the Council of Ministers.

An organic law determines the other posts to which it is provided in the Council of Ministers as well as the conditions under which the power of appointment of the President of the Republic may be delegated by him to be exercised on his behalf.

An organic law determines the jobs or functions, other than those mentioned in the third paragraph, for which, because of their importance for the guarantee of rights and freedoms or the economic and social life of the Nation, the power of appointment of the President of the Republic is exercised after public notice from the competent standing committee of each assembly. The President of the Republic can not make an appointment when the addition of negative votes in each committee represents at least three-fifths of the votes cast in both committees. The law determines the competent standing committees according to the jobs or functions concerned.

Article 14.
The President of the Republic accredits ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys are accredited to him.

Article 15.
The President of the Republic is the chief of the armies. He chairs the councils and senior committees of national defense.

Article 16.
When the institutions of the Republic, the independence of the Nation, the integrity of its territory or the performance of its international commitments are threatened in a serious and immediate manner and the regular functioning of the constitutional public authorities is interrupted, the President of the Republic takes the measures required by these circumstances, after official consultation of the Prime Minister, the presidents of the assemblies as well as the Constitutional Council.

He informs the Nation by a message.

These measures must be inspired by the desire to provide the constitutional public authorities, as quickly as possible, with the means to accomplish their mission. The Constitutional Council is consulted about them.

Parliament meets as of right.

The National Assembly can not be dissolved during the exercise of exceptional powers.

After thirty days of exercise of exceptional powers, the Constitutional Council may be seized by the President of the National Assembly, the President of the Senate, sixty deputies or sixty senators, for the purpose of examining whether the conditions set out in the first paragraph remain met. . It pronounces as soon as possible by a public notice. It proceeds automatically to this examination and pronounces under the same conditions after 60 days of exercise of the exceptional powers and at any time beyond this period.

Article 17.
The President of the Republic has the right to pardon individually.

Article 18.
The President of the Republic communicates with the two assemblies of the Parliament by messages that he has read and that do not give rise to any debate.

He may address the Parliament convened for this purpose in Congress. His statement may give rise, in his absence, to a debate which is not subject to any vote.

Outside the session, the parliamentary assemblies are convened specifically for this purpose.

Article 19.
The acts of the President of the Republic other than those provided for in articles 8 (1st paragraph), 11, 12, 16, 18, 54, 56 and 61 are countersigned by the Prime Minister and, where appropriate, by the ministers responsible.

Title III – THE GOVERNMENT

Article 20.
The Government determines and conducts the policy of the Nation.

He has the administration and the armed force.

He shall be responsible to Parliament in accordance with the conditions and procedures provided for in Articles 49 and 50.

Article 21.
The Prime Minister directs the action of the Government. He is responsible for national defense. He ensures the execution of the laws. Subject to the provisions of Article 13, he exercises regulatory power and appoints civil and military posts.

He can delegate some of his powers to ministers.

It replaces, if need be, the President of the Republic in the chairmanship of the councils and committees envisaged in article 15.

He may, exceptionally, substitute him for the presidency of a council of ministers by virtue of an express delegation and for a specific agenda.

Article 22.
The acts of the Prime Minister are countersigned, if necessary, by the ministers in charge of their execution.

Article 23.
The functions of a member of the Government are incompatible with the exercise of any parliamentary mandate, any function of national professional representation and any public employment or any professional activity.

An organic law lays down the conditions under which the replacement of the holders of such mandates, functions or jobs is provided.

The replacement of members of Parliament shall take place in accordance with the provisions of Article 25.

Title IV – THE PARLIAMENT

Article 24.
Parliament votes the law. It controls the action of the Government. It evaluates public policies.

It includes the National Assembly and the Senate.

Members of the National Assembly, whose number may not exceed five hundred and seventy-seven, are elected by direct suffrage.

The Senate, whose number of members may not exceed three hundred and forty-eight, is elected by indirect suffrage. It ensures the representation of the territorial collectivities of the Republic.

French people living outside France are represented in the National Assembly and the Senate.

Article 25.
An organic law fixes the duration of the powers of each assembly, the number of its members, their indemnity, the conditions of eligibility, the system of ineligibilities and incompatibilities.

It also lays down the conditions under which the persons appointed to ensure, in the event of vacancy, the replacement of deputies or senators until the general or partial renewal of the assembly to which they belonged or their temporary replacement in case acceptance by them of governmental functions.

An independent commission, whose law determines the composition and rules of organization and operation, decides on a public opinion on the draft texts and draft laws delimiting constituencies for the election of deputies or modifying the distribution of seats deputies or senators.

Article 26.
No Member of Parliament may be prosecuted, investigated, arrested, detained or judged on the occasion of opinions or votes cast by him in the exercise of his functions.

No member of Parliament may be subject to arrest or any other privative or restrictive measure of liberty in criminal or correctional matters except with the authorization of the Bureau of the Assembly of which he is a member. This authorization is not required in the event of a crime or flagrant offense or final conviction.

Detention, privative or restrictive measures of liberty or the prosecution of a Member of Parliament shall be suspended for the duration of the session if the Assembly to which it belongs so requests.

The assembly concerned is automatically reunited for additional sessions to allow, if necessary, the application of the above paragraph.

Article 27.
Any imperative mandate is null.

The voting rights of Members of Parliament are personal.

The organic law may exceptionally authorize the delegation of vote. In this case no one can receive delegation of more than one mandate.

Article 28.
Parliament meets as of right in an ordinary session which begins on the first working day of October and ends on the last working day of June.

The number of sitting days that each assembly may hold during the ordinary session may not exceed one hundred and twenty. The weeks of sitting are fixed by each assembly.

The Prime Minister, after consultation with the president of the assembly concerned, or the majority of the members of each assembly may decide to hold additional days of sitting.

The days and times of the sessions are determined by the rules of each meeting.

Article 29.
The Parliament meets in extraordinary session at the request of the Prime Minister or the majority of the members composing the National Assembly, on a determined agenda.

When the extraordinary session is held at the request of the members of the National Assembly, the closing decree comes as soon as the Parliament has exhausted the agenda for which it was convened and at the latest twelve days from its meeting .

The Prime Minister can only request a new session before the end of the month following the closing decree.

Article 30.
Except in cases where the Parliament meets as of right, the extraordinary sessions are opened and closed by decree of the President of the Republic.

Article 31.
Government members have access to both assemblies. They are heard when they ask for it.

They can be assisted by government commissioners.

Article 32.
The President of the National Assembly is elected for the duration of the legislature. The President of the Senate is elected after each partial renewal.

Article 33.
The sessions of both assemblies are public. The full report of the proceedings is published in the Official Journal .

Each assembly may sit in a secret committee at the request of the Prime Minister or one-tenth of its members.

Title V – REPORTS BETWEEN PARLIAMENT AND GOVERNMENT

Article 34.
The law sets the rules concerning:

civil rights and fundamental guarantees granted to citizens for the exercise of public freedoms; freedom, pluralism and independence of the media; the subjections imposed by the national defense on the citizens in their person and in their property;
nationality, state and capacity of persons, matrimonial regimes, inheritances and liberalities;
the determination of the crimes and offenses and the penalties applicable to them; criminal procedure; the amnesty; the creation of new orders of jurisdiction and the status of magistrates;
the base, the rate and the methods of recovery of taxes of all kinds; the regime of issue of the currency.
The law also sets the rules for:

the electoral system of parliamentary assemblies, local assemblies and representative bodies of French nationals established outside France, as well as the conditions for the exercise of the electoral mandates and elective functions of the members of deliberative assemblies of local authorities;
the creation of categories of public institutions;
basic guarantees granted to civil and military officials of the state;
nationalizations of enterprises and transfers of ownership of companies from the public to the private sector.
The law determines the fundamental principles:

the general organization of National Defense;
the free administration of local authorities, their powers and their resources;
Education ;
the preservation of the environment;
property rights, rights in rem and civil and commercial obligations;
labor law, trade union law and social security.
The finance laws determine the resources and the expenses of the State in the conditions and under the reserves provided for by an organic law.

The social security financing laws determine the general conditions of its financial equilibrium and, taking into account their revenue forecasts, fix its spending objectives, under the conditions and under the reserves provided for by an organic law.

Programming laws determine the objectives of state action.

The multiannual public finance guidelines are defined by programming laws. They are part of the objective of balancing the accounts of general government.

The provisions of this article may be specified and supplemented by an organic law.

Article 34-1.
Meetings may vote resolutions under the conditions set by the organic law.

Proposed resolutions of which the Government considers that their adoption or rejection would be such as to call into question its responsibility or contain injunctions against it are inadmissible and may not be placed on the agenda.

Article 35.
The declaration of war is authorized by Parliament.

The Government informs Parliament of its decision to involve the armed forces abroad, no later than three days after the start of the intervention. It specifies the objectives pursued. This information may give rise to a debate which is not followed by any vote.

When the duration of the intervention exceeds four months, the Government submits its extension to the authorization of Parliament. He may ask the National Assembly to decide in the last resort.

If the Parliament is not in session at the end of the four-month period, it shall take a decision at the opening of the next session.

Article 36.
The state of siege is decreed in the Council of Ministers.

Its extension beyond twelve days can only be authorized by Parliament.

Article 37.
Subjects other than those which fall within the scope of the law are of a regulatory nature.

Legislative texts in these matters may be amended by decrees issued after consulting the Council of State. Those of those texts that would come into force after the coming into force of this Constitution can only be amended by decree if the Constitutional Council has declared that they are of a regulatory nature under the preceding paragraph.

Article 37-1.
The law and the regulations may include, for a limited purpose and duration, provisions of an experimental nature.

Article 38.
The Government may, in the execution of its program, request Parliament to authorize, for a limited period of time, measures which are normally within the scope of the law.

Ordinances are issued by the Council of Ministers after consulting the Council of State. They come into force as soon as they are published but lapse if the ratification bill is not tabled in Parliament before the date set by the enabling law. They can only be ratified expressly.

At the expiry of the period mentioned in the first paragraph of this article, ordinances may only be amended by law in matters which are in the legislative domain.

Article 39.
The initiative of the laws belongs concurrently to the Prime Minister and the members of Parliament.

Bills are deliberated by the Council of Ministers after consulting the Council of State and deposited on the desk of one of the two assemblies. The bills of finance and social security financing law are submitted in the first place to the National Assembly. Without prejudice to the first paragraph of Article 44, bills whose main purpose is the organization of local and regional authorities shall be submitted first to the Senate.

The presentation of bills introduced in the National Assembly or the Senate meets the conditions set by an organic law.

Bills can not be placed on the agenda if the Conference of Presidents of the first meeting seized finds that the rules set by the organic law are ignored. In the event of disagreement between the Conference of Presidents and the Government, the President of the Assembly concerned or the Prime Minister may refer the matter to the Constitutional Council within eight days.

Under the conditions provided for by law, the chairman of a meeting may submit to the Conseil d’État, for consideration before the committee’s consideration, a proposal for a law tabled by one of the members of that meeting, unless the latter opposes it.

Article 40.
Proposals and amendments formulated by Members of Parliament are not admissible when their adoption would result either in a diminution of public resources or the creation or aggravation of a public office.

Article 41.
If it appears during the course of the legislative procedure that a proposal or an amendment is not within the scope of the law or is contrary to a delegation granted under Article 38, the Government or the President of the Assembly seizure may preclude the inadmissibility.

In case of disagreement between the Government and the President of the assembly concerned, the Constitutional Council, at the request of one or the other, shall rule within eight days.

Article 42.
At the meeting, the debate on bills and bills shall refer to the text adopted by the committee seized pursuant to Rule 43 or, failing that, to the text before the assembly.

However, the discussion at the meeting of constitutional revision projects, draft finance bills and draft social security financing bills bears, in first reading before the first assembly seized, the text presented by the Government and, for other readings, on the text transmitted by the other assembly.

The debate at the first reading session of a bill or a bill may only take place before the first meeting seized at the end of six weeks after it has been tabled. It may not intervene before the second meeting seized until the expiry of a period of four weeks from its transmission.

The preceding paragraph does not apply if the expedited procedure has been initiated under the conditions provided for in Article 45. It does not apply either to draft finance bills, to draft security financing laws. social security and crisis projects.

Article 43.
Proposals and bills are sent for consideration to one of the standing committees, which is limited to eight in each assembly.

At the request of the Government or the Assembly which is seized of it, the bills or proposals of law are sent for examination to a commission specially designated for this purpose.

Article 44.
Members of Parliament and the Government have the right of amendment. This right is exercised in session or in committee according to the conditions fixed by the by-laws of the assemblies, within the framework determined by an organic law.

After the opening of the debate, the Government may oppose the examination of any amendment which has not previously been submitted to the Committee.

If the Government so requests, the Assembly shall decide by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government.

Article 45.
Any bill or bill is examined successively in both Houses of Parliament with a view to the adoption of an identical text. Without prejudice to the application of Articles 40 and 41, any amendment shall be admissible at first reading if it presents a link, even indirectly, with the text deposited or transmitted.

When, as a result of a disagreement between the two assemblies, a bill or a bill could not be adopted after two readings by each assembly or, if the Government decided to initiate the accelerated procedure without the Conferences of the presidents jointly opposed, after a single reading by each of them, the Prime Minister or, for a proposal for a law, the presidents of the two assemblies acting jointly, have the faculty to provoke the meeting of a joint commission parity responsible for proposing a text on the provisions still under discussion.

The text prepared by the Joint Committee may be submitted by the Government for approval to both Assemblies. No amendment is admissible unless the Government agrees.

If the Joint Committee fails to adopt a common text or if this text is not adopted under the conditions set out in the preceding paragraph, the Government may, after a further reading by the National Assembly and by the Senate, ask the National Assembly to rule definitively. In this case, the National Assembly may adopt either the text drafted by the joint committee or the last text voted by it, modified if necessary by one or more of the amendments adopted by the Senate.

Article 46.
The laws to which the Constitution confers the character of organic laws are voted and modified under the following conditions.

The draft or proposal may, at first reading, be submitted to the deliberation and vote of the assemblies only at the expiry of the time limits set in the third paragraph of Article 42. However, if the accelerated procedure has been initiated in the conditions set out in Article 45, the draft or the proposal may not be submitted to the deliberation of the first meeting before the expiry of a period of fifteen days after its submission.

The procedure of Article 45 is applicable. However, if there is no agreement between the two assemblies, the text can only be adopted by the National Assembly at last reading by an absolute majority of its members.

The organic laws relating to the Senate must be voted in the same terms by the two assemblies.

Organic laws can be promulgated only after the declaration by the Constitutional Council of their conformity to the Constitution.

Article 47.
The Parliament votes the finance bills in the conditions provided for by an organic law.

If the National Assembly has not taken a decision at first reading within forty days after the tabling of a draft, the Government shall refer the Senate to a decision within a period of fifteen days. It is then carried out under the conditions provided for in Article 45.

If the Parliament has not pronounced within seventy days, the provisions of the draft can be put into effect by ordinance.

If the budget law fixing the resources and expenses of a financial year has not been submitted in time to be promulgated before the beginning of this financial year, the Government urgently requests from Parliament the authorization to collect the taxes and opens the A-base vote by order in council.

The time limits provided for in this Article shall be suspended when Parliament is not in session.

Article 47-1.
The Parliament votes the bills of financing of the social security in the conditions envisaged by an organic law.

If the National Assembly has not taken a decision on first reading within twenty days after the submission of a draft, the Government shall refer the Senate to a decision within fifteen days. It is then carried out under the conditions provided for in Article 45.

If Parliament has not reached a decision within fifty days, the provisions of the draft can be implemented by ordinance.

The time limits provided for in this article shall be suspended when the Parliament is not in session and, for each assembly, in the weeks in which it has decided not to hold a meeting, in accordance with the second paragraph of Article 28.

Article 47-2.
The Court of Auditors assists the Parliament in controlling the action of the Government. It assists the Parliament and the Government in the control of the execution of the financial laws and the application of the laws of financing of the social security as well as in the evaluation of the public policies. Through its public reports, it contributes to the information of citizens.

The accounts of the general government are regular and sincere. They give a true picture of the results of their management, their wealth and their financial situation.

Article 48.
Without prejudice to the application of the last three paragraphs of Article 28, the agenda shall be fixed by each meeting.

Two weeks out of four shall be reserved by priority, and in the order that the Government has fixed, for the examination of the texts and debates for which it requests the inclusion on the agenda.

In addition, the examination of bills of finance, social security financing bills and, subject to the provisions of the following paragraph, texts transmitted by the other assembly for six weeks at least, projects relating to states of crisis and requests for authorization referred to in Article 35 shall, at the request of the Government, be placed on the agenda by priority.

One out of four sitting weeks is reserved by priority and in the order set by each assembly for the control of the Government’s action and the evaluation of public policies.

One sitting day per month is reserved for an agenda decided by each assembly at the initiative of the opposition groups of the assembly concerned as well as that of the minority groups.

At least one sitting per week, including the special sessions provided for in Rule 29, shall be preceded by questions from Members of Parliament and Government replies.

Article 49.
The Prime Minister, after deliberation of the Council of Ministers, engages before the National Assembly the responsibility of the Government on its program or possibly on a declaration of general policy.

The National Assembly questions the responsibility of the Government by voting a motion of censure. Such a motion is admissible only if it is signed by at least one tenth of the members of the National Assembly. The vote can not take place until forty-eight hours after its deposit. Only the votes in favor of the motion of censure, which can only be adopted by a majority of the members of the Assembly, are counted. Except as provided in the following paragraph, a Member may not sign more than three motions of censure during the same ordinary session and more than one during the same extraordinary session.

The Prime Minister may, after deliberation of the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a bill of finance or financing of social security. In this case, the project is deemed to be adopted, unless a motion of censure, tabled within twenty-four hours, is voted under the conditions set out in the preceding paragraph. The Prime Minister may, in addition, use this procedure for another project or a proposal for a law per session.

The Prime Minister has the right to ask the Senate for approval of a general policy statement.

Article 50.
When the National Assembly adopts a motion of censure or when it disapproves of the program or a statement of general policy of the Government, the Prime Minister must submit to the President of the Republic the resignation of the Government.

Article 50-1.
Before any of the assemblies, the Government may, on its own initiative or at the request of a parliamentary group within the meaning of section 51-1, make a declaration on a specific subject giving rise to to debate and may, if it so decides, be votable without liability.

Article 51.
The closure of the ordinary session or the extraordinary sessions is by law delayed to allow, if necessary, the application of article 49. For the same purpose, additional sessions are by right.

Article 51-1.
The rules of each assembly determine the rights of the parliamentary groups formed within it. It recognizes specific rights for opposition groups in the assembly concerned as well as for minority groups.

Article 51-2.
For the exercise of the monitoring and evaluation missions defined in the first paragraph of Article 24, commissions of inquiry may be set up within each assembly to collect, under the conditions provided for by law, elements of information.

The law determines their rules of organization and operation. Their conditions of creation are fixed by the rules of each assembly.

Title VI – TREATIES AND INTERNATIONAL AGREEMENTS

Article 52.
The President of the Republic negotiates and ratifies the treaties.

He is informed of any negotiations leading to the conclusion of an international agreement not subject to ratification.

Article 53.
Peace treaties, commercial treaties, treaties or agreements relating to the international organization, those that commit the finances of the State, those that modify provisions of a legislative nature, those that relate to the state of the people those containing assignment, exchange or addition of territory may be ratified or approved only by law.

They take effect only after they have been ratified or approved.

No cession, no exchange, no addition of territory is valid without the consent of the populations concerned.

Article 53-1.
The Republic may conclude with the European States which are bound by identical commitments to its own on asylum and the protection of human rights and fundamental freedoms, agreements determining their respective powers for the examination of applications for asylum that are presented to them.

However, even if the request does not fall within their competence under these agreements, the authorities of the Republic always have the right to give asylum to any foreigner persecuted by reason of his action for the freedom or which seeks the protection from France for another reason.

Article 53-2.
The Republic may recognize the jurisdiction of the International Criminal Court under the conditions provided for in the treaty signed on 18 July 1998 .

Article 54.
If the Constitutional Council, seized by the President of the Republic, by the Prime Minister, by the president of one or the other assembly or by sixty deputies or sixty senators, declared that an international commitment contains a clause contrary to the Constitution, the authorization to ratify or approve the international commitment in question can only be made after the revision of the Constitution.

Article 55.
Treaties or agreements duly ratified or approved have, from their publication, an authority superior to that of the laws, subject, for each agreement or treaty, to its application by the other party.

Title VII – THE CONSTITUTIONAL COUNCIL

Article 56.
The Constitutional Council comprises nine members, whose term of office lasts nine years and is not renewable. The Constitutional Council is renewed by thirds every three years. Three of the members are appointed by the President of the Republic, three by the President of the National Assembly, three by the President of the Senate. The procedure provided for in the last paragraph of Article 13 is applicable to these appointments. The appointments made by the chairman of each meeting are subject to the sole opinion of the relevant standing committee of the relevant meeting.

In addition to the nine members provided for above, the former Presidents of the Republic are entitled to life for life from the Constitutional Council.

The president is appointed by the President of the Republic. He has a casting vote in case of sharing.

Article 57.
The functions of member of the Constitutional Council are incompatible with those of minister or member of Parliament. The other incompatibilities are fixed by an organic law.

Article 58.
The Constitutional Council ensures the regularity of the election of the President of the Republic.

He examines the claims and proclaims the results of the ballot.

Article 59.
The Constitutional Council decides, in case of dispute, on the regularity of the election of deputies and senators.

Article 60.
The Constitutional Council shall ensure the regularity of the referendum operations provided for in Articles 11 and 89 and Title XV. He proclaims the results.

Article 61.
The organic laws, before their promulgation, the legislative proposals mentioned in article 11 before they are submitted to the referendum, and the regulations of the parliamentary assemblies, before their implementation, must be submitted to the Constitutional Council which decides on their conformity to the Constitution.

For the same purpose, the laws may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the Prime Minister, the President of the National Assembly, the President of the Senate or sixty deputies or sixty senators.

In the cases provided for in the two preceding paragraphs, the Constitutional Council must decide within one month. However, at the request of the Government, if there is urgency, this period is reduced to eight days.

In these same cases, the seizin of the constitutional council suspends the delay of promulgation.

Article 61-1.
Where, in proceedings pending before a court, it is alleged that a legislative provision infringes the rights and freedoms guaranteed by the Constitution, the Constitutional Council may be seized of this matter by reference from the Council. State or the Court of Cassation which pronounces within a specified period.

An organic law determines the conditions of application of this article.

Article 62.
A provision declared unconstitutional on the basis of Article 61 can not be promulgated or enforced.

A provision declared unconstitutional on the basis of Article 61-1 is repealed from the publication of the decision of the Constitutional Council or a later date fixed by this decision. The Constitutional Council determines the conditions and limits within which the effects that the provision has produced are likely to be challenged.

Decisions of the Constitutional Council are not subject to any appeal. They are binding on public authorities and all administrative and jurisdictional authorities.

Article 63.
An organic law determines the rules of organization and functioning of the Constitutional Council, the procedure that is followed before it and in particular the deadlines open for the seizure of disputes.

Title VIII – JUDICIAL AUTHORITY

Article 64.
The President of the Republic guarantees the independence of the judicial authority.

He is assisted by the Superior Council of the Judiciary.

An organic law bears the status of magistrates.

The judges of the seat are irremovable.

Article 65.
The Superior Council of the Judiciary includes competent training for magistrates at headquarters and competent training for prosecutors.

The competent training for magistrates is chaired by the first president of the Court of Cassation. It includes, in addition, five judges and a prosecutor, a State Councilor appointed by the Council of State, a lawyer and six qualified persons who do not belong to Parliament or the judiciary. nor to the administrative order. The President of the Republic, the President of the National Assembly and the President of the Senate each appoint two qualified persons. The procedure provided for in the last paragraph of Article 13 shall apply to the appointments of qualified persons. Appointments made by the president of each assembly of Parliament are submitted to the sole opinion of the competent standing committee of the assembly concerned.

The competent training for prosecutors is chaired by the public prosecutor at the Court of Cassation. It includes, in addition, five magistrates of the public prosecutor’s office and a magistrate of the seat, as well as the councilor of state, the lawyer and the six qualified persons mentioned in the second paragraph.

The formation of the Superior Council of the Judiciary competent with regard to the magistrates of the seat makes proposals for the appointments of the magistrates sits at the Court of Cassation, for those of first president of court of appeal and for those of president of court of high instance. The other judges of the seat are appointed on his assent.

The formation of the Superior Council of the Judiciary with regard to the prosecutors gives its opinion on the appointments concerning the prosecutors.

The formation of the Superior Council of the Judiciary with jurisdiction over the magistrates of the seat judges as a disciplinary council of the magistrates of the seat. It includes, in addition to the members referred to in the second paragraph, the magistrate of the seat belonging to the competent formation with regard to the magistrates of the public prosecutor’s office.

The formation of the Superior Council of Magistrates with regard to the prosecutors gives its opinion on the disciplinary sanctions which concern them. It then includes, in addition to the members referred to in the third paragraph, the public prosecutor belonging to the competent formation with regard to the magistrates of the head office.

The Superior Council of the Judiciary meets in plenary session to respond to the requests for opinion made by the President of the Republic under Article 64. It gives its opinion, in the same formation, on the questions relating to the ethics of the magistrates as well as on any question relating to the functioning of justice, which is referred to the Minister of Justice. The plenary session shall include three of the five judges of the seat mentioned in the second paragraph, three of the five public prosecutors mentioned in the third paragraph, as well as the State Councilor, the lawyer and the six qualified persons mentioned in the second paragraph. It is presided over by the first president of the Court of Cassation, who can replace the attorney general at this court.

Except in disciplinary matters, the Minister of Justice may participate in the sessions of the formations of the Superior Council of the Judiciary.

The Superior Council of the Judiciary can be seized by a litigant in the conditions fixed by an organic law.

The organic law determines the conditions of application of this article.

Article 66.
No one can be arbitrarily detained.

The judicial authority, guardian of individual liberty, ensures the respect of this principle under the conditions provided for by law.

Article 66-1.
No one can be sentenced to death.

Title IX – THE HIGH COURT

Article 67.
The President of the Republic is not liable for acts done in this capacity, subject to the provisions of Articles 53-2 and 68.

He may not, during his mandate and before any French jurisdiction or administrative authority, be required to testify or be the subject of an action, an act of information, instruction or prosecution. Any limitation period or foreclosure is suspended.

Proceedings and procedures so obstructed may be resumed or brought against him within one month of the termination of his duties.

Article 68.
The President of the Republic may be dismissed only in the event of a breach of his duties manifestly incompatible with the exercise of his mandate. The dismissal is pronounced by the Parliament constituted in High Court.

The proposal for a meeting of the High Court adopted by one of the Assemblies of Parliament is immediately forwarded to the other, which shall decide within fifteen days.

The High Court is presided over by the President of the National Assembly. It decides within a month, by secret ballot, on the dismissal. His decision is of immediate effect.

Decisions taken pursuant to this Article shall be by a two-thirds majority of the members of the relevant meeting or the High Court. Any delegation of vote is forbidden. Only votes in favor of the proposed High Court meeting or dismissal are counted.

An organic law lays down the conditions of application of this article.

Title X – CRIMINAL RESPONSIBILITY OF GOVERNMENT MEMBERS

Article 68-1.
The members of the Government are criminally responsible for the acts done in the exercise of their functions and qualified as crimes or misdemeanors at the time they were committed.

They are judged by the Court of Justice of the Republic.

The Court of Justice of the Republic is bound by the definition of crimes and offenses as well as by the determination of the penalties as they result from the law.

Article 68-2.
The Court of Justice of the Republic comprises fifteen judges: twelve members of parliament, elected from among them and in equal numbers, by the National Assembly and the Senate after each general or partial renewal of these assemblies and three judges sitting at the Court of Justice. cassation, one of which presides over the Court of Justice of the Republic.

Anyone claiming to be aggrieved by a crime or misdemeanor committed by a member of the Government in the performance of his duties may lodge a complaint with a petition commission.

This commission orders either the filing of the proceedings or its transmission to the public prosecutor at the Court of Cassation for the purpose of referral to the Court of Justice of the Republic.

The public prosecutor at the Court of Cassation may also appeal ex officio to the Court of Justice of the Republic with the assent of the petitions commission.

An organic law determines the conditions of application of this article.

Article 68-3.
The provisions of this title shall apply to acts committed before its entry into force.

Title XI – THE ECONOMIC, SOCIAL AND ENVIRONMENTAL COUNCIL

Article 69.
The Economic, Social and Environmental Council, seized by the Government, gives its opinion on draft laws, ordinances or decrees as well as on proposed laws submitted to it.

A member of the Economic, Social and Environmental Council may be appointed by the Council to present to the Parliamentary Assembly the opinion of the Council on the projects or proposals submitted to it.

The Economic, Social and Environmental Council can be petitioned under the conditions set by an organic law. After examining the petition, it informs the Government and Parliament of the action it proposes to take.

Article 70.
The Economic, Social and Environmental Council may be consulted by the Government and the Parliament on any economic, social or environmental problem. The Government can also consult it on the draft programming law defining the multiannual orientations of the public finances. Any economic, social or environmental programming plan or bill is submitted for opinion.

Article 71.
The composition of the Economic, Social and Environmental Council, whose number of members may not exceed two hundred and thirty-three, and its rules of operation are set by an organic law.

Title XI bis – THE DEFENDER OF RIGHTS

Article 71-1.
The Defender of Rights ensures the respect of rights and freedoms by the State administrations, local authorities, public institutions, as well as by any organization entrusted with a public service mission, or in respect of which the organic law gives him skills.

It may be seized, under the conditions provided for by the organic law, by any person who feels aggrieved by the operation of a public service or an organization referred to in the first paragraph. He can seize automatically.

The organic law defines the powers and modalities of intervention of the Defender of Rights. It determines the conditions under which it may be assisted by a college for the exercise of certain of its attributions.

The Defender of Rights is appointed by the President of the Republic for a non-renewable six-year term, following the procedure set out in the last paragraph of article 13. His duties are incompatible with those of a member of the Government and a member of the Parliament. The other incompatibilities are fixed by the organic law.

The Defender of Rights reports to the President of the Republic and Parliament.

Title XII – TERRITORIAL COMMUNITIES

Article 72.
The territorial units of the Republic are the communes, the departments, the regions, the special-status communities and the overseas collectivities governed by Article 74. Any other territorial collectivity is created by law, if any place and place of one or more communities mentioned in this paragraph.

Local and regional authorities are responsible for making the decisions for all the skills that can best be implemented at their level.

Under the conditions provided for by law, these communities freely administer themselves through elected councils and have regulatory power to exercise their powers.

Under the conditions provided for by the organic law, and except where the essential conditions for the exercise of a public freedom or a constitutionally guaranteed right are at issue, local authorities or their groupings may, where, as the case may be, the law or the regulation provides for it, to derogate, on an experimental basis and for a limited purpose and duration, from the legislative or regulatory provisions governing the exercise of their powers.

No territorial authority can exercise guardianship over another. However, where the exercise of a jurisdiction requires the assistance of several local authorities, the law may authorize one of them or one of their groupings to organize the terms of their joint action.

In the territorial communities of the Republic, the representative of the State, representing each of the members of the Government, is responsible for national interests, administrative control and compliance with the laws.

Article 72-1.
The law lays down the conditions under which the electors of each territorial collectivity may, by the exercise of the right of petition, request the inclusion on the agenda of the deliberative assembly of that collectivity of a question within its competence. .

Under the conditions provided for by the organic law, projects of deliberation or act within the jurisdiction of a local authority may, on its own initiative, be submitted, by way of referendum, to the decision of the electors of that collectivity.

When it is envisaged to establish a territorial collectivity with a particular status or to modify its organization, it may be decided by law to consult registered voters in the communities concerned. The modification of the limits of the territorial collectivities can also give rise to the consultation of the voters under the conditions envisaged by the law.

Article 72-2.
Local and regional authorities benefit from resources freely available to them under the conditions set by law.

They can receive all or part of the product of impositions of all kinds. The law may authorize them to fix the base and rate within the limits it determines.

Tax revenues and other own resources of local authorities represent, for each category of community, a decisive part of their total resources. The organic law sets the conditions under which this rule is implemented.

Any transfer of powers between the State and the local authorities is accompanied by the allocation of resources equivalent to those devoted to their exercise. Any creation or extension of powers which has the effect of increasing the expenditure of local authorities is accompanied by resources determined by law.

The law provides for equalization schemes designed to promote equality between local and regional authorities.

Article 72-3.
The Republic recognizes, within the French people, the populations of overseas, in a common ideal of freedom, equality and fraternity.

Guadeloupe, Guyana, Martinique, Reunion, Mayotte, Saint Barthelemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands and French Polynesia are governed by Article 73 for the departments and territories. regions, and for local authorities created under the last paragraph of Article 73, and Article 74 for other communities.

The status of New Caledonia is governed by Title XIII.

The law determines the legislative regime and the particular organization of the French Southern and Antarctic Lands and Clipperton.

Article 72-4.
No change, for all or part of one of the communities referred to in the second paragraph of section 72-3, from one to the other of the plans provided for in sections 73 and 74, may take place without the consent electors of the community or part of the community concerned have been previously collected under the conditions set out in the following paragraph. This change of regime is decided by an organic law.

The President of the Republic, on the proposal of the Government during the duration of the sessions or on a joint proposal of the two assemblies, published in the Official Journal , may decide to consult the electors of a territorial collectivity located overseas on a question relating to its organization. , its jurisdiction or its legislative scheme. When the consultation concerns a change provided for in the preceding paragraph and is organized on the proposal of the Government, the latter makes a statement before each assembly, which is followed by a debate.

Article 73.
In the overseas departments and regions, laws and regulations are automatically applicable. They can be adapted to the particular characteristics and constraints of these communities.

These adaptations may be decided by these communities in the areas in which their powers are exercised and if they have been authorized, as the case may be, by the law or the by-law.

By way of derogation from the first subparagraph and to take account of their specificities, the authorities governed by this Article may be empowered, as the case may be, by law or by the regulation, to lay down the rules applicable in their territory, in a limited number of matters that may fall within the scope of the law or regulation.

These rules can not relate to nationality, civil rights, guarantees of civil liberties, the state and capacity of persons, the organization of justice, criminal law, criminal procedure, foreign policy, defense, public security and order, money, credit and foreign exchange, and the electoral law. This enumeration may be specified and supplemented by an organic law.

The provision provided for in the two preceding paragraphs is not applicable to the department and the region of Reunion.

The authorizations provided for in the second and third paragraphs are decided, at the request of the community concerned, under the conditions and under the reservations provided for by an organic law. They can not intervene when the essential conditions for the exercise of a public freedom or a constitutionally guaranteed right are involved.

The creation by law of a collectivity substituting for a department and an overseas region or the institution of a deliberative assembly unique for these two communities can not intervene without having been collected, according to the forms provided for in the second paragraph of section 72-4, the consent of the electors registered in the jurisdiction of those communities.

Article 74.
The overseas communities governed by this article have a status that takes into account the interests of each of them within the Republic.

This status is defined by an organic law, adopted after consulting the deliberative assembly, which sets:

the conditions under which the laws and regulations apply;
the skills of this community; subject to those already exercised by it, the transfer of powers of the State may not relate to the matters listed in the fourth paragraph of Article 73, specified and supplemented, where appropriate, by the organic law;
the rules of organization and operation of the institutions of the community and the electoral system of its deliberative assembly;
the conditions under which its institutions are consulted on bills and proposals for legislation and draft ordinances or decrees containing specific provisions for the community, as well as on the ratification or approval of international commitments concluded in matters falling within of its competence.
The organic law can also determine, for those of these self-governing communities, the conditions under which:

the Council of State exercises a specific judicial control over certain categories of acts of the deliberative assembly intervening in respect of the competences it exercises in the field of the law;
the deliberative assembly can modify a law promulgated after the entry into force of the statute of the collectivity, when the Constitutional Council, seized in particular by the authorities of the collectivity, found that the law had intervened in the field of competence of this community;
measures justified by local needs may be taken by the community in favor of its population, in terms of access to employment, right of establishment for the exercise of a professional activity or protection of land assets;
the community can participate, under the control of the State, in the exercise of the competences that it preserves, in the respect of the guarantees granted on the whole national territory for the exercise of the civil liberties.
The other methods of the particular organization of the communities covered by this article are defined and modified by law after consulting their deliberative assembly.

Article 74-1.
In the overseas collectivities referred to in Article 74 and in New Caledonia, the Government may, by ordinance, in matters which remain under the jurisdiction of the State, extend, with the necessary modifications, the provisions of legislative nature in force in mainland France or adapting the provisions of a legislative nature in force to the particular organization of the collectivity concerned, provided that the law has not expressly excluded, for the provisions in question, recourse to this procedure.

Orders are made in the Council of Ministers after consulting the deliberative assemblies concerned and the Council of State. They come into force as soon as they are published. They lapse in the absence of ratification by Parliament within eighteen months of publication.

Article 75.
Citizens of the Republic who do not have ordinary civil status, the only one referred to in Article 34, retain their personal status as long as they have not renounced it.

Article 75-1.
The regional languages ​​belong to the heritage of France.

Title XIII – TRANSITIONAL PROVISIONS RELATING TO NEW CALEDONIA

Article 76.
The populations of New Caledonia are called upon to decide before 31 December 1998 on the provisions of the agreement signed in Noumea on 5 May 1998 and published on 27 May 1998 in the Official Journal of the French Republic.

Candidates are eligible to participate in the ballot if they fulfill the conditions set out in Article 2 of Law No. 88-1028 of 9 November 1988.

The measures necessary for the organization of the vote are taken by decree in Council of State deliberated in the Council of Ministers.

Article 77.
After approval of the agreement during the consultation provided for in article 76, the organic law, taken after the opinion of the deliberative assembly of New Caledonia, determines, to ensure the evolution of New Caledonia in the respect the guidelines defined by this agreement and in the manner necessary for its implementation:

the powers of the State which will be definitively transferred to the institutions of New Caledonia, the staggering and the modalities of these transfers, as well as the distribution of the burdens resulting from them;
the rules of organization and operation of the institutions of New Caledonia and in particular the conditions under which certain categories of acts of the deliberative assembly of New Caledonia may be submitted before publication to the control of the Constitutional Council;
rules relating to citizenship, electoral system, employment and customary civil status;
the conditions and deadlines in which the interested populations of New Caledonia will have to decide on the accession to full sovereignty.
Other measures necessary for the implementation of the agreement referred to in Article 76 shall be defined by law.

For the definition of the electorate elected to elect the members of the deliberative assemblies of New Caledonia and the provinces, the table to which refer the agreement mentioned in article 76 and articles 188 and 189 of the organic law n ° 99 -209 of 19 March 1999 on New Caledonia is the table drawn up on the occasion of the ballot provided for in Article 76 and comprising persons who are not allowed to take part in it.

Title XIV – FRANCOPHONIE AND ASSOCIATION AGREEMENTS

Article 87.
The Republic participates in the development of solidarity and cooperation between states and peoples with French as a common language.

Article 88.
The Republic may enter into agreements with States wishing to associate with it to develop their civilizations.

Title XV – THE EUROPEAN UNION

Article 88-1.
The Republic participates in the European Union consisting of States which have freely chosen to exercise jointly certain of their powers under the Treaty on European Union and the Treaty on the Functioning of the European Union, as they result of the Treaty signed in Lisbon on 13 December 2007.

Article 88-2.
The law lays down the rules on the European arrest warrant in accordance with the acts of the institutions of the European Union.

Article 88-3.
Subject to reciprocity and in the manner provided for by the Treaty on European Union signed on 7 February 1992 , the right to vote and to stand as a candidate in municipal elections may be granted only to Union citizens residing in France. These citizens can not serve as mayor or deputy nor participate in the appointment of senatorial electors and the election of senators. An organic law passed in the same terms by the two assemblies determines the conditions of application of this article.

Article 88-4.
The Government submits to the National Assembly and to the Senate, as soon as they are transmitted to the Council of the European Union, the draft European legislative acts and the other projects or proposals for acts of the European Union.

In accordance with the rules laid down in the Rules of Procedure of each Assembly, European resolutions may be adopted, if necessary outside the sessions, on the projects or proposals referred to in the first paragraph, as well as on any document emanating from an institution of the Union. European.

Within each parliamentary assembly a commission for European affairs is set up.

Article 88-5.
Any bill authorizing the ratification of a treaty relating to the accession of a State to the European Union is submitted to referendum by the President of the Republic.

However, by voting on a motion adopted in identical terms by each assembly by a three-fifths majority, Parliament may authorize the adoption of the bill in accordance with the procedure provided for in the third paragraph of section 89.

[This article is not applicable to accessions following an intergovernmental conference whose convocation was decided by the European Council before 1 July 2004.]

Article 88-6.
The National Assembly or the Senate may issue a reasoned opinion on the conformity of a draft European legislative act with the principle of subsidiarity. The opinion is sent by the President of the Assembly concerned to the Presidents of the European Parliament, the Council and the European Commission. The Government is informed.

Each Assembly may appeal to the Court of Justice of the European Union against a European legislative act for breach of the principle of subsidiarity. This appeal is transmitted to the Court of Justice of the European Union by the Government.

To this end, resolutions may be adopted, if necessary outside the sessions, according to the methods of initiative and discussion fixed by the rules of each assembly. At the request of sixty deputies or sixty senators, the remedy is ex officio.

Article 88-7.
By the vote of a motion adopted in identical terms by the National Assembly and the Senate, the Parliament may object to a modification of the rules for the adoption of European Union acts in the cases envisaged, under the simplified revision of the Treaties or judicial cooperation by the Treaty on European Union and the Treaty on the Functioning of the European Union, as they result from the Treaty signed in Lisbon on 13 December 2007.

Title XVI – REVISION

Article 89.
The initiative for the revision of the Constitution belongs concurrently to the President of the Republic on the proposal of the Prime Minister and members of Parliament.

The draft or the proposal for revision must be examined under the conditions of time set in the third paragraph of Article 42 and voted by both assemblies in identical terms. The review is final after being approved by referendum.

However, the draft revision is not presented to the referendum when the President of the Republic decides to submit it to the Parliament convened in Congress; in this case, the draft revision is approved only if it receives a three-fifths majority of the votes cast. The bureau of the Congress is that of the National Assembly.

No review procedure may be initiated or continued where the integrity of the territory is impaired.

The republican form of the Government can not be revised.


 

CONSTITUTION OF KENYA

WHEREAS the people of Kenya, in exercise of their sovereign right to replace the Constitution, ratified the proposed New Constitution of Kenya through a referendum held on the 4th August, 2010, in accordance with the provisions of section 47A of the Constitution of Kenya and Part V of the Constitution of Kenya Review Act, 2008;

Arrangement of Sections

CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
CHAPTER TWO – THE REPUBLIC
CHAPTER THREE – CITIZENSHIP
CHAPTER FOUR –THE BILL OF RIGHTS
CHAPTER FIVE – LAND AND ENVIRONMENT
CHAPTER SIX – LEADERSHIP AND INTEGRITY
CHAPTER SEVEN – REPRESENTATION OF THE PEOPLE
CHAPTER EIGHT – THE LEGISLATURE
CHAPTER NINE – THE EXECUTIVE
CHAPTER TEN – JUDICIARY
CHAPTER ELEVEN – DEVOLVED GOVERNMENT
CHAPTER TWELVE – PUBLIC FINANCE
CHAPTER THIRTEEN – THE PUBLIC SERVICE
CHAPTER FOURTEEN – NATIONAL SECURITY
CHAPTER FIFTEEN – COMMISSIONS AND INDEPENDENT OFFICES
CHAPTER SIXTEEN – AMENDMENT OF THIS CONSTITUTION
CHAPTER SEVENTEEN – GENERAL PROVISIONS
CHAPTER EIGHTEEN – TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
SCHEDULES
Subsidiary Legislation

 


CONSTITUTION OF KENYA 2010

PREAMBLE

 

We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of all creation:

HONOURING those who heroically struggled to bring freedom and justice to our land:

PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:

RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:

COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:

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

EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:

ADOPT, ENACT and give this Constitution to ourselves and to our future generations.

GOD BLESS KENYA

CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
1.
Sovereignty of the people
(1)

All sovereign power belongs 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 is delegated to the following State organs, which shall perform their functions in accordance with this Constitution—

(a)

Parliament and the legislative assemblies in the county governments;

(b)

the national executive and the executive structures in the county governments; and

(c)

the Judiciary and independent tribunals.

(4)

The sovereign power of the people is exercised at—

(a)

the national level; and

(b)

the county level.

2.
Supremacy of this Constitution
(1)

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

(2)

No person may claim or exercise State authority except as authorised under this Constitution.

(3)

The validity or legality of this Constitution is not subject to challenge 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.

3.
Defence of this Constitution
(1)

Every person has 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.

CHAPTER TWO – THE REPUBLIC
4.
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 Article 10.

5.
Territory of Kenya

Kenya consists of the territory and territorial waters comprising Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.

6.
Devolution and access to services
(1)

The territory of Kenya is divided into the counties specified in the First Schedule.

(2)

The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.

(3)

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.

7.
National, official and other languages
(1)

The national language of the Republic is Kiswahili.

(2)

The official languages of the Republic are Kiswahili and English.

(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.

8.
State and religion

There shall be no State religion.

9.
National symbols and national days
(1)

The national symbols of the Republic are—

(a)

the national flag;

(b)

the national anthem;

(c)

the coat of arms; and

(d)

the public seal.

(2)

The national symbols are as set out in the Second Schedule.

(3)

The national days are—

(a)

Madaraka Day, to be observed on 1st June;

(b)

Mashujaa Day, to be observed on 20th October; and

(c)

Jamhuri Day, to be observed on 12th December.

(4)

A national day shall be a public holiday.

(5)

Parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays.

10.
National values and principles of governance
(1)

The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—

(a)

applies or interprets this Constitution;

(b)

enacts, applies or interprets any law; or

(c)

makes or implements public policy decisions.

(2)

The national values and principles of governance include—

(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.

11.
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 enact legislation to—

(a)

ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and

(b)

recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya.

CHAPTER THREE – CITIZENSHIP
12.
Entitlements of citizens
(1)

Every citizen is entitled to—

(a)

the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and

(b)

a Kenyan passport and any document of registration or identification issued by the State to citizens.

(2)

A passport or other document referred to in clause (1)(b) may be denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria referred to in Article 24.

13.
Retention and acquisition of citizenship
(1)

Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.

(2)

Citizenship may be acquired by birth or registration.

(3)

Citizenship is not lost through marriage or the dissolution of marriage.

14.
Citizenship by birth
(1)

A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.

(2)

Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.

(3)

Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya.

(4)

A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.

(5)

A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

15.
Citizenship by registration
(1)

A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.

(2)

A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen.

(3)

A child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen.

(4)

Parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries.

(5)

This Article applies to a person as from the effective date, but any requirements that must be satisfied before the person is entitled to be registered as a citizen shall be regarded as having been satisfied irrespective of whether the person satisfied them before or after the effective date, or partially before, and partially after, the effective date.

16.
Dual citizenship

A citizen by birth does not lose citizenship by acquiring the citizenship of another country.

17.
Revocation of citizenship
(1)

If a person acquired citizenship by registration, the citizenship may be revoked if—

(a)

the person acquired the citizenship by fraud, false representation or concealment of any material fact;

(b)

the person has, during any war in which Kenya was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war;

(c)

the person has, within five years after registration, been convicted of an offence and sentenced to imprisonment for a term of three years or longer; or

(d)

the person has, at any time after registration, been convicted of treason, or of an offence for which—

(i) a penalty of at least seven years imprisonment may be imposed; or
(ii) a more severe penalty may be imposed.
(2)

The citizenship of a person who was presumed to be a citizen by birth, as contemplated in Article 14(4), may be revoked if—

(a)

the citizenship was acquired by fraud, false representation or concealment of any material fact by any person;

(b)

the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or

(c)

the age of the person becomes known, and reveals that the person was older than eight years when found in Kenya.

18.
Legislation on citizenship

Parliament shall enact legislation—

(a)

prescribing procedures by which a person may become a citizen;

(b)

governing entry into and residence in Kenya;

(c)

providing for the status of permanent residents;

(d)

providing for voluntary renunciation of citizenship;

(e)

prescribing procedures for revocation of citizenship;

(f)

prescribing the duties and rights of citizens; and

(g)

generally giving effect to the provisions of this Chapter.

CHAPTER FOUR –THE BILL OF RIGHTS
PART 1 – GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
19.
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.

20.
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 Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles—

(a)

it is the responsibility of the State to show that the resources are not available;

(b)

in allocating resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and

(c)

the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion.

21.
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.

22.
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.

23.
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.

24.
Limitation of rights and fundamental freedoms
(1)

A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including—

(a)

the nature of the right or fundamental freedom;

(b)

the importance of the purpose of the limitation;

(c)

the nature and extent of the limitation;

(d)

the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and

(e)

the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.

(2)

Despite clause (1), a provision in legislation limiting a right or fundamental freedom—

(a)

in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the

intention to limit that right or fundamental freedom, and the nature and extent of the limitation;

(b)

shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and

(c)

shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.

(3)

The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.

(4)

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

(5)

Despite clauses (1) and (2), a provision in legislation may limit the application of the rights or fundamental freedoms in the following provisions to persons serving in the Kenya Defence Forces or the National Police Service—

(a)

Article 31—Privacy;

(b)

Article 36—Freedom of association;

(c)

Article 37—Assembly, demonstration, picketing and petition;

(d)

Article 41—Labour relations;

(e)

Article 43—Economic and social rights; and

(f)

Article 49—Rights of arrested persons.

25.
Fundamental Rights and freedoms that may not be limited

Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited—

(a)

freedom from torture and cruel, inhuman or degrading treatment or punishment;

(b)

freedom from slavery or servitude;

(c)

the right to a fair trial; and

(d)

the right to an order of habeas corpus.

PART 2 – RIGHTS AND FUNDAMENTAL FREEDOMS
26.
Right to life
(1)

Every person has the right to life.

(2)

The life of a person begins at conception.

(3)

A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.

(4)

Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

27.
Equality and freedom from discrimination
(1)

Every person is equal before the law and has the right to equal protection and equal benefit of the law.

(2)

Equality includes the full and equal enjoyment of all rights and fundamental freedoms.

(3)

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

(4)

The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

(5)

A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).

(6)

To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.

(7)

Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.

(8)

In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

28.
Human dignity

Every person has inherent dignity and the right to have that dignity respected and protected.

29.
Freedom and security of the person

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

(a)

deprived of freedom arbitrarily or without just cause;

(b)

detained without trial, except during a state of emergency, in which case the detention is subject to Article 58;

(c)

subjected to any form of violence from either public or private sources;

(d)

subjected to torture in any manner, whether physical or psychological;

(e)

subjected to corporal punishment; or

(f)

treated or punished in a cruel, inhuman or degrading manner.

30.
Slavery, servitude and forced labour
(1)

A person shall not be held in slavery or servitude.

(2)

A person shall not be required to perform forced labour.

31.
Privacy

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

(a)

their person, home or property searched;

(b)

their possessions seized;

(c)

information relating to their family or private affairs unnecessarily required or revealed; or

(d)

the privacy of their communications infringed.

32.
Freedom of conscience, religion, belief and opinion
(1)

Every person has the right to freedom of conscience, religion, thought, belief and opinion.

(2)

Every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.

(3)

A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.

(4)

A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.

33.
Freedom of expression
(1)

Every person has the right to freedom of expression, which includes—

(a)

freedom to seek, receive or impart information or ideas;

(b)

freedom of artistic creativity; and

(c)

academic freedom and freedom of scientific research.

(2)

The right to freedom of expression does not extend to—

(a)

propaganda for war;

(b)

incitement to violence;

(c)

hate speech; or

(d)

advocacy of hatred that—

(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4).
(3)

In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

34.
Freedom of the media
(1)

Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2).

(2)

The State shall not—

(a)

exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or

(b)

penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

(3)

Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—

(a)

are necessary to regulate the airwaves and other forms of signal distribution; and

(b)

are independent of control by government, political interests or commercial interests.

(4)

All State-owned media shall—

(a)

be free to determine independently the editorial content of their broadcasts or other communications;

(b)

be impartial; and

(c)

afford fair opportunity for the presentation of divergent views and dissenting opinions.

(5)

Parliament shall enact legislation that provides for the establishment of a body, which shall—

(a)

be independent of control by government, political interests or commercial interests;

(b)

reflect the interests of all sections of the society; and

(c)

set media standards and regulate and monitor compliance with those standards.

35.
Access to information
(1)

Every citizen has the right of access to—

(a)

information held by the State; and

(b)

information held by another person and required for the exercise or protection of any right or fundamental freedom.

(2)

Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

(3)

The State shall publish and publicise any important information affecting the nation.

36.
Freedom of association
(1)

Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.

(2)

A person shall not be compelled to join an association of any kind.

(3)

Any legislation that requires registration of an association of any kind shall provide that—

(a)

registration may not be withheld or withdrawn unreasonably; and

(b)

there shall be a right to have a fair hearing before a registration is cancelled.

37.
Assembly, demonstration, picketing and petition

Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

38.
Political rights
(1)

Every citizen is free to make political choices, which includes the right—

(a)

to form, or participate in forming, a political party;

(b)

to participate in the activities of, or recruit members for, a political party; or

(c)

to campaign for a political party or cause.

(2)

Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—

(a)

any elective public body or office established under this Constitution; or

(b)

any office of any political party of which the citizen is a member.

(3)

Every adult citizen has the right, without unreasonable restrictions—

(a)

to be registered as a voter;

(b)

to vote by secret ballot in any election or referendum; and

(c)

to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.

39.
Freedom of movement and residence
(1)

Every person has the right to freedom of movement.

(2)

Every person has the right to leave Kenya.

(3)

Every citizen has the right to enter, remain in and reside anywhere in Kenya.

40.
Protection of right to property
(1)

Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property—

(a)

of any description; and

(b)

in any part of Kenya.

(2)

Parliament shall not enact a law that permits the State or any person—

(a)

to arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description; or

(b)

to limit, or in any way restrict the enjoyment of any right under this Article on the basis of any of the grounds specified or contemplated in Article 27(4).

(3)

The State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation—

(a)

results from an acquisition of land or an interest in land or a conversion of an interest in land, or title to land, in accordance with Chapter Five; or

(b)

is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that—

(i) requires prompt payment in full, of just compensation to the person; and
(ii) allows any person who has an interest in, or right over, that property a right of access to a court of law.
(4)

Provision may be made for compensation to be paid to occupants in good faith of land acquired under clause (3) who may not hold title to the land.

(5)

The State shall support, promote and protect the intellectual property rights of the people of Kenya.

(6)

The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.

41.
Labour relations
(1)

Every person has the right to fair labour practices.

(2)

Every worker has the right—

(a)

to fair remuneration;

(b)

to reasonable working conditions;

(c)

to form, join or participate in the activities and programmes of a trade union; and

(d)

to go on strike.

(3)

Every employer has the right—

(a)

to form and join an employers organisation; and

(b)

to participate in the activities and programmes of an employers organisation.

(4)

Every trade union and every employers’ organisation has the right—

(a)

to determine its own administration, programmes and activities;

(b)

to organise; and

(c)

to form and join a federation.

(5)

Every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

42.
Environment

Every person has the right to a clean and healthy environment, which includes the right—

(a)

to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and

(b)

to have obligations relating to the environment fulfilled under Article 70.

43.
Economic and social rights
(1)

Every person has the right—

(a)

to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;

(b)

to accessible and adequate housing, and to reasonable standards of sanitation;

(c)

to be free from hunger, and to have adequate food of acceptable quality;

(d)

to clean and safe water in adequate quantities;

(e)

to social security; and

(f)

to education.

(2)

A person shall not be denied emergency medical treatment.

(3)

The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

44.
Language and culture
(1)

Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.

(2)

A person belonging to a cultural or linguistic community has the right, with other members of that community—

(a)

to enjoy the person’s culture and use the person’s language; or

(b)

to form, join and maintain cultural and linguistic associations and other organs of civil society.

(3)

A person shall not compel another person to perform, observe or undergo any cultural practice or rite.

45.
Family
(1)

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

(2)

Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.

(3)

Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.

(4)

Parliament shall enact legislation that recognises—

(a)

marriages concluded under any tradition, or system of religious, personal or family law; and

(b)

any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,

to the extent that any such marriages or systems of law are consistent with this Constitution.

46.
Consumer rights
(1)

Consumers have the right—

(a)

to goods and services of reasonable quality;

(b)

to the information necessary for them to gain full benefit from goods and services;

(c)

to the protection of their health, safety, and economic interests; and

(d)

to compensation for loss or injury arising from defects in goods or services.

(2)

Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising.

(3)

This Article applies to goods and services offered by public entities or private persons.

47.
Fair administrative action
(1)

Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

(2)

If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.

(3)

Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall—

(a)

provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and

(b)

promote efficient administration.

48.
Access to justice

The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.

49.
Rights of arrested persons
(1)

An arrested person has the right—

(a)

to be informed promptly, in language that the person understands, of—

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b)

to remain silent;

(c)

to communicate with an advocate, and other persons whose assistance is necessary;

(d)

not to be compelled to make any confession or admission that could be used in evidence against the person;

(e)

to be held separately from persons who are serving a sentence;

(f)

to be brought before a court as soon as reasonably possible, but not later than—

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g)

at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and

(h)

to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

(2)

A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

50.
Fair hearing
(1)

Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

(2)

Every accused person has the right to a fair trial, which includes the right—

(a)

to be presumed innocent until the contrary is proved;

(b)

to be informed of the charge, with sufficient detail to answer it;

(c)

to have adequate time and facilities to prepare a defence;

(d)

to a public trial before a court established under this Constitution;

(e)

to have the trial begin and conclude without unreasonable delay;

(f)

to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed;

(g)

to choose, and be represented by, an advocate, and to be informed of this right promptly;

(h)

to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

(i)

to remain silent, and not to testify during the proceedings;

(j)

to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence;

(k)

to adduce and challenge evidence;

(l)

to refuse to give self-incriminating evidence;

(m)

to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;

(n)

not to be convicted for an act or omission that at the time it was committed or omitted was not—

(i) an offence in Kenya; or
(ii) a crime under international law;
(o)

not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;

(p)

to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and

(q)

if convicted, to appeal to, or apply for review by, a higher court as prescribed by law.

(3)

If this Article requires information to be given to a person, the information shall be given in language that the person understands.

(4)

Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.

(5)

An accused person—

(a)

charged with an offence, other than an offence that the court may try by summary procedures, is entitled during the trial to a copy of the record of the proceedings of the trial on request; and

(b)

has the right to a copy of the record of the proceedings within a reasonable period after they are concluded, in return for a reasonable fee as prescribed by law.

(6)

A person who is convicted of a criminal offence may petition the High Court for a new trial if—

(a)

the person’s appeal, if any, has been dismissed by the highest court to which the person is entitled to appeal, or the person did not appeal within the time allowed for appeal; and

(b)

new and compelling evidence has become available.

(7)

In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court.

(8)

This Article does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusion is necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security.

(9)

Parliament shall enact legislation providing for the protection, rights and welfare of victims of offences.

51.
Rights of persons detained, held in custody or imprisoned
(1)

A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

(2)

A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

(3)

Parliament shall enact legislation that—

(a)

provides for the humane treatment of persons detained, held in custody or imprisoned; and

(b)

takes into account the relevant international human rights instruments.

PART 3 – SPECIFIC APPLICATION OF RIGHTS
52.
Interpretation of Part
(1)

This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons.

(2)

This Part shall not be construed as limiting or qualifying any right.

53.
Children
(1)

Every child has the right—

(a)

to a name and nationality from birth;

(b)

to free and compulsory basic education;

(c)

to basic nutrition, shelter and health care;

(d)

to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;

(e)

to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and

(f)

not to be detained, except as a measure of last resort, and when detained, to be held—

(i) for the shortest appropriate period of time; and
(ii) separate from adults and in conditions that take account of the child’s sex and age.
(2)

A child’s best interests are of paramount importance in every matter concerning the child.

54.
Persons with disabilities
(1)

A person with any disability is entitled—

(a)

to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;

(b)

to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;

(c)

to reasonable access to all places, public transport and information;

(d)

to use Sign language, Braille or other appropriate means of communication; and

(e)

to access materials and devices to overcome constraints arising from the person’s disability.

(2)

The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

55.
Youth

The State shall take measures, including affirmative action programmes, to ensure that the youth—

(a)

access relevant education and training;

(b)

have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;

(c)

access employment; and

(d)

are protected from harmful cultural practices and exploitation.

56.
Minorities and marginalised groups

The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—

(a)

participate and are represented in governance and other spheres of life;

(b)

are provided special opportunities in educational and economic fields;

(c)

are provided special opportunities for access to employment;

(d)

develop their cultural values, languages and practices; and

(e)

have reasonable access to water, health services and infrastructure.

57.
Older members of society

The State shall take measures to ensure the rights of older persons—

(a)

to fully participate in the affairs of society;

(b)

to pursue their personal development;

(c)

to live in dignity and respect and be free from abuse; and

(d)

to receive reasonable care and assistance from their family and the State.

PART 4 – STATE OF EMERGENCY
58.
State of emergency
(1)

A state of emergency may be declared only under Article 132 (4)(d) and only when—

(a)

the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and

(b)

the declaration is necessary to meet the circumstances for which the emergency is declared.

(2)

A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only—

(a)

prospectively; and

(b)

for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

(3)

The National Assembly may extend a declaration of a state of emergency—

(a)

by resolution adopted—

(i) following a public debate in the National Assembly; and
(ii) by the majorities specified in clause (4); and
(b)

for not longer than two months at a time.

(4)

The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

(5)

The Supreme Court may decide on the validity of—

(a)

a declaration of a state of emergency;

(b)

any extension of a declaration of a state of emergency; and

(c)

any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

(6)

Any legislation enacted in consequence of a declaration of a state of emergency—

(a)

may limit a right or fundamental freedom in the Bill of Rights only to the extent that—

(i) the limitation is strictly required by the emergency; and
(ii) the legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency; and
(b)

shall not take effect until it is published in the Gazette.

(7)

A declaration of a state of emergency, or legislation enacted or other action taken in consequence of any declaration, may not permit or authorise the indemnification of the State, or of any person, in respect of any unlawful act or omission.

PART 5 – KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION
59.
Kenya National Human Rights and Equality Commission
(1)

There is established the Kenya National Human Rights and Equality Commission.

(2)

The functions of the Commission are—

(a)

to promote respect for human rights and develop a culture of human rights in the Republic;

(b)

to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development;

(c)

to promote the protection, and observance of human rights in public and private institutions;

(d)

to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs;

(e)

to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;

(f)

on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of State organs;

(g)

to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights;

(h)

to investigate any conduct in state affairs, or any act or omission in public administration in any sphere of government, that is alleged or suspected to be prejudicial or improper or to result in any impropriety or prejudice;

(i)

to investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct;

(j)

to report on complaints investigated under paragraphs (h) and (i) and take remedial action; and

(k)

to perform any other functions prescribed by legislation.

(3)

Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

(4)

Parliament shall enact legislation to give full effect to this Part, and any such legislation may restructure the Commission into two or more separate commissions.

(5)

If Parliament enacts legislation restructuring the Commission under clause (4)—

(a)

that legislation shall assign each function of the Commission specified in this Article to one or the other of the successor commissions;

(b)

each of the successor commissions shall have powers equivalent to the powers of the Commission under this Article; and

(c)

each successor commission shall be a commission within the meaning of Chapter Fifteen, and shall have the status and powers of a commission under that Chapter.

CHAPTER FIVE – LAND AND ENVIRONMENT
PART 1 – LAND
60.
Principles of land policy
(1)

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

(a)

equitable access to land;

(b)

security of land rights;

(c)

sustainable and productive management of land resources;

(d)

transparent and cost effective administration of land;

(e)

sound conservation and protection of ecologically sensitive areas;

(f)

elimination of gender discrimination in law, customs and practices related to land and property in land; and

(g)

encouragement of communities to settle land disputes through recognised local community initiatives consistent with this Constitution.

(2)

These principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation.

61.
Classification of land
(1)

All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.

(2)

Land in Kenya is classified as public, community or private.

62.
Public land
(1)

Public land is—

(a)

land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date;

(b)

land lawfully held, used or occupied by any State organ, except any such land that is occupied by the State organ as lessee under a private lease;

(c)

land transferred to the State by way of sale, reversion or surrender;

(d)

land in respect of which no individual or community ownership can be established by any legal process;

(e)

land in respect of which no heir can be identified by any legal process;

(f)

all minerals and mineral oils as defined by law;

(g)

government forests other than forests to which Article 63(2)(d)(i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas;

(h)

all roads and thoroughfares provided for by an Act of Parliament;

(i)

all rivers, lakes and other water bodies as defined by an Act of Parliament;

(j)

the territorial sea, the exclusive economic zone and the sea bed;

(k)

the continental shelf;

(l)

all land between the high and low water marks;

(m)

any land not classified as private or community land under this Constitution; and

(n)

any other land declared to be public land by an Act of Parliament—

(i) in force at the effective date; or
(ii) enacted after the effective date.
(2)

Public land shall vest in and be held by a county government in trust for the people resident in the county, and shall be administered on their behalf by the National Land Commission, if it is classified under—

(a)

clause (1)(a), (c), (d) or (e); and

(b)

clause (1)(b), other than land held, used or occupied by a national State organ.

(3)

Public land classified under clause (1)(f) to (m) shall vest in and be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission.

(4)

Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament specifying the nature and terms of that disposal or use.

63.
Community land
(1)

Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.

(2)

Community land consists of—

(a)

land lawfully registered in the name of group representatives under the provisions of any law;

(b)

land lawfully transferred to a specific community by any process of law;

(c)

any other land declared to be community land by an Act of Parliament; and

(d)

land that is—

(i) lawfully held, managed or used by specific communities as community forests, grazing areas or shrines;
(ii) ancestral lands and lands traditionally occupied by hunter-gatherer communities; or
(iii) lawfully held as trust land by the county governments,

but not including any public land held in trust by the county government under Article 62(2).

(3)

Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.

(4)

Community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.

(5)

Parliament shall enact legislation to give effect to this Article.

64.
Private land

Private land consists of —

(a)

registered land held by any person under any freehold tenure;

(b)

land held by any person under leasehold tenure; and

(c)

any other land declared private land under an Act of Parliament.

65.
Landholding by non-citizens
(1)

A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.

(2)

If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more.

(3)

For purposes of this Article—

(a)

a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens; and

(b)

property held in trust shall be regarded as being held by a citizen only if all of the beneficial interest of the trust is held by persons who are citizens.

(4)

Parliament may enact legislation to make further provision for the operation of this Article.

66.
Regulation of land use and property
(1)

The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.

(2)

Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies.

67.
National Land Commission
(1)

There is established the National Land Commission.

(2)

The functions of the National Land Commission are—

(a)

to manage public land on behalf of the national and county governments;

(b)

to recommend a national land policy to the national government;

(c)

to advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;

(d)

to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;

(e)

to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;

(f)

to encourage the application of traditional dispute resolution mechanisms in land conflicts;

(g)

to assess tax on land and premiums on immovable property in any area designated by law; and

(h)

to monitor and have oversight responsibilities over land use planning throughout the country.

(3)

The National Land Commission may perform any other functions prescribed by national legislation.

68.
Legislation on land

Parliament shall—

(a)

revise, consolidate and rationalise existing land laws;

(b)

revise sectoral land use laws in accordance with the principles set out in Article 60 (1); and

(c)

enact legislation—

(i) to prescribe minimum and maximum land holding acreages in respect of private land;
(ii) to regulate the manner in which any land may be converted from one category to another;
(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
(iv) to protect, conserve and provide access to all public land;
(v) to enable the review of all grants or dispositions of public land to establish their propriety or legality;
(vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land; and
(vii) to provide for any other matter necessary to give effect to the provisions of this Chapter.
PART 2 – ENVIRONMENT AND NATURAL RESOURCES
69.
Obligations in respect of the environment
(1)

The State shall—

(a)

ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;

(b)

work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;

(c)

protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;

(d)

encourage public participation in the management, protection and conservation of the environment;

(e)

protect genetic resources and biological diversity;

(f)

establish systems of environmental impact assessment, environmental audit and monitoring of the environment;

(g)

eliminate processes and activities that are likely to endanger the environment; and

(h)

utilise the environment and natural resources for the benefit of the people of Kenya.

(2)

Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

70.
Enforcement of environmental rights
(1)

If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

(2)

On application under clause (1), the court may make any order, or give any directions, it considers appropriate—

(a)

to prevent, stop or discontinue any act or omission that is harmful to the environment;

(b)

to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or

(c)

to provide compensation for any victim of a violation of the right to a clean and healthy environment.

(3)

For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.

71.
Agreements relating to natural resource
(1)

A transaction is subject to ratification by Parliament if it—

(a)

involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and

(b)

is entered into on or after the effective date.

(2)

Parliament shall enact legislation providing for the classes of transactions subject to ratification under clause (1).

72.
Legislation relating to the environment

Parliament shall enact legislation to give full effect to the provisions of this Part.

CHAPTER SIX – LEADERSHIP AND INTEGRITY
73.
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.

74.
Oath of office of State officers

Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.

75.
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 clause (1), or Article 76, 77 or 78(2)—

(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 clause (2) is disqualified from holding any other State office.

76.
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.

77.
Restriction on activities of State officers
(1)

A full-time State officer shall not participate in any other gainful employment.

(2)

Any appointed State officer shall not hold office in a political party.

(3)

A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—

(a)

a company owned or controlled by the State; or

(b)

a State organ.

(4)

A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).

78.
Citizenship and leadership
(1)

A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.

(2)

A State officer or a member of the defence forces shall not hold dual citizenship.

(3)

Clauses (1) and (2) do not apply to—

(a)

judges and members of commissions; or

(b)

any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.

79.
Legislation to establish the ethics and anti-corruption commission

Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.

80.
Legislation on leadership

Parliament shall enact legislation—

(a)

establishing procedures and mechanisms for the effective administration of this Chapter;

(b)

prescribing the penalties, in addition to the penalties referred to in Article 75, 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 SEVEN – REPRESENTATION OF THE PEOPLE
PART 1 – ELECTORAL SYSTEM AND PROCESS
81.
General principles for the electoral system

The electoral system shall comply with the following principles—

(a)

freedom of citizens to exercise their political rights under Article 38;

(b)

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

(c)

fair representation of persons with disabilities;

(d)

universal suffrage based on the aspiration for fair representation and equality of vote; and

(e)

free and fair elections, which are—

(i) by secret ballot;
(ii) free from violence, intimidation, improper influence or corruption;
(iii) conducted by an independent body;
(iv) transparent; and
(v) administered in an impartial, neutral, efficient, accurate and accountable manner.
82.
Legislation on elections
(1)

Parliament shall enact legislation to provide for—

(a)

the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies;

(b)

the nomination of candidates;

(c)

the continuous registration of citizens as voters;

(d)

the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and

(e)

the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.

(2)

Legislation required by clause (1)(d) shall ensure that voting at every election is—

(a)

simple;

(b)

transparent; and

(c)

takes into account the special needs of—

(i) persons with disabilities; and
(ii) other persons or groups with special needs.
83.
Registration as a voter
(1)

A person qualifies for registration as a voter at elections or referenda if the person—

(a)

is an adult citizen;

(b)

is not declared to be of unsound mind; and

(c)

has not been convicted of an election offence during the preceding five years.

(2)

A citizen who qualifies for registration as a voter shall be registered at only one registration centre.

(3)

Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

84.
Candidates for election and political parties to comply with code of conduct

In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

85.
Eligibility to stand as an independent candidate

Any person is eligible to stand as an independent candidate for election if the person—

(a)

is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and

(b)

satisfies the requirements of—

(i) Article 99(1)(c)(i) or (ii), in the case of a candidate for election to the National Assembly or the Senate, respectively; or
(ii) Article 193(1)(c)(ii), in the case of a candidate for election to a county assembly.
86.
Voting

At every election, the Independent Electoral and Boundaries Commission shall ensure that—

(a)

whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;

(b)

the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;

(c)

the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and

(d)

appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

87.
Electoral disputes
(1)

Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.

(2)

Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.

(3)

Service of a petition may be direct or by advertisement in a newspaper with national circulation.

PART 2 – INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
88.
Independent Electoral and Boundaries Commission
(1)

There is established the Independent Electoral and Boundaries Commission.

(2)

A person is not eligible for appointment as a member of the Commission if the person—

(a)

has, at any time within the preceding five years, held office, or stood for election as—

(i) a member of Parliament or of a county assembly; or
(ii) a member of the governing body of a political party; or
(b)

holds any State office.

(3)

A member of the Commission shall not hold another public office.

(4)

The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for—

(a)

the continuous registration of citizens as voters;

(b)

the regular revision of the voters’ roll;

(c)

the delimitation of constituencies and wards;

(d)

the regulation of the process by which parties nominate candidates for elections;

(e)

the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results;

(f)

the registration of candidates for election;

(g)

voter education;

(h)

the facilitation of the observation, monitoring and evaluation of elections;

(i)

the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;

(j)

the development of a code of conduct for candidates and parties contesting elections; and

(k)

the monitoring of compliance with the legislation required by Article 82(1)(b) relating to nomination of candidates by parties.

(5)

The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

89.
Delimitation of electoral units
(1)

There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97(1)(a).

(2)

The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.

(3)

The Commission shall review the number, names and boundaries of wards periodically.

(4)

If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

(5)

The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of—

(a)

geographical features and urban centres;

(b)

community of interest, historical, economic and cultural ties; and

(c)

means of communication.

(6)

The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—

(a)

forty per cent for cities and sparsely populated areas; and

(b)

thirty per cent for the other areas.

(7)

In reviewing constituency and ward boundaries the Commission shall—

(a)

consult all interested parties; and

(b)

progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

(8)

If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards.

(9)

Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication.

(10)

A person may apply to the High Court for review of a decision of the Commission made under this Article.

(11)

An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.

(12)

For the purposes of this Article, “population quota” means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.

90.
Allocation of party list seats
(1)

Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of county assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists.

(2)

The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—

(a)

each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;

(b)

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

(c)

except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.

(3)

The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election.

PART 3 – POLITICAL PARTIES
91.
Basic requirements for political parties
(1)

Every political party shall—

(a)

have a national character as prescribed by an Act of Parliament;

(b)

have a democratically elected governing body;

(c)

promote and uphold national unity;

(d)

abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;

(e)

respect the right of all persons to participate in the political process, including minorities and marginalised groups;

(f)

respect and promote human rights and fundamental freedoms, and gender equality and equity;

(g)

promote the objects and principles of this Constitution and the rule of law; and

(h)

subscribe to and observe the code of conduct for political parties.

(2)

A political party shall not—

(a)

be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;

(b)

engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;

(c)

establish or maintain a paramilitary force, militia or similar organisation;

(d)

engage in bribery or other forms of corruption; or

(e)

except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.

92.
Legislation on political parties

Parliament shall enact legislation to provide for—

(a)

the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns;

(b)

the regulation of freedom to broadcast in order to ensure fair election campaigning;

(c)

the regulation of political parties;

(d)

the roles and functions of political parties;

(e)

the registration and supervision of political parties;

(f)

the establishment and management of a political parties fund;

(g)

the accounts and audit of political parties;

(h)

restrictions on the use of public resources to promote the interests of political parties; and

(i)

any other matters necessary for the management of political parties.

CHAPTER EIGHT – THE LEGISLATURE
PART 1 – ESTABLISHMENT AND ROLE OF PARLIAMENT
93.
Establishment of Parliament
(1)

There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.

(2)

The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.

94.
Role of Parliament
(1)

The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.

(2)

Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.

(3)

Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.

(4)

Parliament shall protect this Constitution and promote the democratic governance of the Republic.

(5)

No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.

(6)

An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.

95.
Role of the National Assembly
(1)

The National Assembly represents the people of the constituencies and special interests in the National Assembly.

(2)

The National Assembly deliberates on and resolves issues of concern to the people.

(3)

The National Assembly enacts legislation in accordance with Part 4 of this Chapter.

(4)

The National Assembly—

(a)

determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve;

(b)

appropriates funds for expenditure by the national government and other national State organs; and

(c)

exercises oversight over national revenue and its expenditure.

(5)

The National Assembly—

(a)

reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and

(b)

exercises oversight of State organs.

(6)

The National Assembly approves declarations of war and extensions of states of emergency.

96.
Role of the Senate
(1)

The Senate represents the counties, and serves to protect the interests of the counties and their governments.

(2)

The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113.

(3)

The Senate determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.

(4)

The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145.

PART 2 – COMPOSITION AND MEMBERSHIP OF PARLIAMENT
97.
Membership of the National Assembly
(1)

The National Assembly consists of—

(a)

two hundred and ninety members, each elected by the registered voters of single member constituencies;

(b)

forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;

(c)

twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and

(d)

the Speaker, who is an ex officio member.

(2)

Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a).

98.
Membership of the Senate
(1)

The Senate consists of—

(a)

forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;

(b)

sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;

(c)

two members, being one man and one woman, representing the youth;

(d)

two members, being one man and one woman, representing persons with disabilities; and

(e)

the Speaker, who shall be an ex officio member.

(2)

The members referred to in clause (1)(c) and (d) shall be elected in accordance with Article 90.

(3)

Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a).

99.
Qualifications and disqualifications for election as member of Parliament
(1)

Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—

(a)

is registered as a voter;

(b)

satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and

(c)

is nominated by a political party, or is an independent candidate who is supported—

(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or
(ii) in the case of election to the Senate, by at least two thousand registered voters in the county.
(2)

A person is disqualified from being elected a member of Parliament if the person—

(a)

is a State officer or other public officer, other than a member of Parliament;

(b)

has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;

(c)

has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;

(d)

is a member of a county assembly;

(e)

is of unsound mind;

(f)

is an undischarged bankrupt;

(g)

is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or

(h)

is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

(3)

A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

100.
Promotion of representation of marginalised groups

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

(a)

women;

(b)

persons with disabilities;

(c)

youth;

(d)

ethnic and other minorities; and

(e)

marginalised communities.

101.
Election of members of Parliament
(1)

A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.

(2)

Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97(1)(c), or of the Senate under Article 98(1)(b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—

(a)

the Independent Electoral and Boundaries Commission; and

(b)

the political party on whose party list the member was elected or nominated.

(3)

A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.

(4)

Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97(1)(a) or (b), or of the Senate elected under Article 98(1)(a)—

(a)

the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and

(b)

a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).

(5)

A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.

102.
Term of Parliament
(1)

The term of each House of Parliament expires on the date of the next general election.

(2)

When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.

(3)

The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

103.
Vacation of office of member of Parliament
(1)

The office of a member of Parliament becomes vacant—

(a)

if the member dies;

(b)

if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee;

(c)

if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80;

(d)

if the member resigns from Parliament in writing to the Speaker;

(e)

if, having been elected to Parliament—

(i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
(ii) as an independent candidate, the member joins a political party;
(f)

at the end of the term of the relevant House; or

(g)

if the member becomes disqualified for election to Parliament under Article 99(2)(d) to (h).

(3)

Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1)(e), to have resigned from the party.

104.
Right of recall
(1)

The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

(2)

Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

105.
Determination of questions of membership
(1)

The High Court shall hear and determine any question whether—

(a)

a person has been validly elected as a member of Parliament; or

(b)

the seat of a member has become vacant.

(2)

A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.

(3)

Parliament shall enact legislation to give full effect to this Article.

PART 3 – OFFICES OF PARLIAMENT
106.
Speakers and Deputy Speakers of Parliament
(1)

There shall be—

(a)

a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and

(b)

a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.

(2)

The office of Speaker or Deputy Speaker shall become vacant—

(a)

when a new House of Parliament first meets after an election;

(b)

if the office holder, as a member of the relevant House, vacates office under Article 103;

(c)

if the relevant House so resolves by resolution supported by the votes of at least two-thirds of its members; or

(d)

if the office holder resigns from office in a letter addressed to the relevant House.

107.
Presiding in Parliament
(1)

At any sitting of a House of Parliament—

(a)

the Speaker presides;

(b)

in the absence of the Speaker, the Deputy Speaker presides; and

(c)

in the absence of the Speaker and the Deputy Speaker, another member of the House elected by the House presides.

(2)

At a joint sitting of the Houses of Parliament, the Speaker of the National Assembly shall preside, assisted by the Speaker of the Senate.

108.
Party leaders
(1)

There shall be a leader of the majority party and a leader of the minority party.

(2)

The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.

(3)

The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.

(4)

The following order of precedence shall be observed in the National Assembly—

(a)

the Speaker of the National Assembly;

(b)

the leader of the majority party; and

(c)

the leader of the minority party.

PART 4 – PROCEDURES FOR ENACTING LEGISLATION
109.
Exercise of legislative powers
(1)

Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.

(2)

Any Bill may originate in the National Assembly.

(3)

A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly.

(4)

A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses.

(5)

A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.

110.
Bills concerning county government
(1)

In this Constitution, “a Bill concerning county government” means—

(a)

a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule;

(b)

a Bill relating to the election of members of a county assembly or a county executive; and

(c)

a Bill referred to in Chapter Twelve affecting the finances of county governments.

(2)

A Bill concerning county governments is—

(a)

a special Bill, which shall be considered under Article 111, if it—

(i) relates to the election of members of a county assembly or a county executive; or
(ii) is the annual County Allocation of Revenue Bill referred to in Article 218; or
(b)

an ordinary Bill, which shall be considered under Article 112, in any other case.

(3)

Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.

(4)

When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House.

(5)

If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.

111.
Special Bills concerning county governments
(1)

A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3).

(2)

The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.

(3)

If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to the President for assent.

112.
Ordinary Bills concerning county governments
(1)

If one House passes an ordinary Bill concerning counties, and the second House—

(a)

rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; or

(b)

passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration.

(2)

If, after the originating House has reconsidered a Bill referred back to it under clause (1)(b), that House—

(a)

passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent; or

(b)

rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113.

113.
Mediation committees
(1)

If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

(2)

If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill.

(3)

If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent.

(4)

If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.

114.
Money Bills
(1)

A money Bill may not deal with any matter other than those listed in the definition of “a money Bill” in clause (3).

(2)

If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter listed in the definition of “a money Bill”, the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance.

(3)

In this Constitution, “a money Bill” means a Bill, other than a Bill specified in Article 218, that contains provisions dealing with—

(a)

taxes;

(b)

the imposition of charges on a public fund or the variation or repeal of any of those charges;

(c)

the appropriation, receipt, custody, investment or issue of public money;

(d)

the raising or guaranteeing of any loan or its repayment; or

(e)

matters incidental to any of those matters.

(4)

In clause (3), “tax”, “public money”, and “loan” do not include any tax, public money or loan raised by a county.

115.
Presidential assent and referral
(1)

Within fourteen days after receipt of a Bill, the President shall—

(a)

assent to the Bill; or

(b)

refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.

(2)

If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part—

(a)

amend the Bill in light of the President’s reservations; or

(b)

pass the Bill a second time without amendment.

(3)

If Parliament amends the Bill fully accommodating the President’s reservations, the appropriate Speaker shall re-submit it to the President for assent.

(4)

Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported—

(a)

by two-thirds of members of the National Assembly; and

(b)

two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.

(5)

If Parliament has passed a Bill under clause (4)—

(a)

the appropriate Speaker shall within seven days re-submit it to the President; and

(b)

the President shall within seven days assent to the Bill.

(6)

If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under clause (5)(b), the Bill shall be taken to have been assented to on the expiry of that period.

116.
Coming into force of laws
(1)

A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after-assent.

(2)

Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.

(3)

An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament.

(4)

Clause (3) does not apply to an interest that members of Parliament have as members of the public.

PART 5 – PARLIAMENT’S GENERAL PROCEDURES AND RULES
117.
Powers, privileges and immunities
(1)

There shall be freedom of speech and debate in Parliament.

(2)

Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of Parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members.

118.
Public access and participation
(1)

Parliament shall—

(a)

conduct its business in an open manner, and its sittings and those of its committees shall be open to the public; and

(b)

facilitate public participation and involvement in the legislative and other business of Parliament and its committees.

(2)

Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion.

119.
Right to petition Parliament
(1)

Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.

(2)

Parliament shall make provision for the procedure for the exercise of this right.

120.
Official languages of Parliament
(1)

The official languages of Parliament shall be Kiswahili, English and Kenyan Sign language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign language.

(2)

In case of a conflict between different language versions of an Act of Parliament, the version signed by the President shall prevail.

121.
Quorum

The quorum of Parliament shall be–—

(a)

fifty members, in the case of the National Assembly; or

(b)

fifteen members, in the case of the Senate.

122.
Voting in Parliament
(1)

Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and voting.

(2)

On a question proposed for decision in either House—

(a)

the Speaker has no vote; and

(b)

in the case of a tie, the question is lost.

(3)

A member shall not vote on any question in which the member has a pecuniary interest.

(4)

In reckoning the number of members of a House of Parliament for any purpose of voting in that House, the Speaker of that House shall not be counted as a member.

123.
Decisions of Senate
(1)

On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under Article 98(1)(a) shall be the head of the delegation.

(2)

When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties.

(3)

When the Senate votes on a matter that does not affect counties, each senator has one vote.

(4)

Except as provided otherwise in this Constitution, in any matter in the Senate affecting counties—

(a)

each county delegation shall have one vote to be cast on behalf of the county by the head of the county delegation or, in the absence of the head of the delegation, by another member of the delegation designated by the head of the delegation;

(b)

the person who votes on behalf of a delegation shall determine whether or not to vote in support of, or against, the matter, after consulting the other members of the delegation; and

(c)

the matter is carried only if it is supported by a majority of all the delegations.

124.
Committees and Standing Orders
(1)

Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.

(2)

Parliament may establish joint committees consisting of members of both Houses and may jointly regulate the procedure of those committees.

(3)

The proceedings of either House are not invalid just because of—

(a)

a vacancy in its membership; or

(b)

the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the House.

(4)

When a House of Parliament considers any appointment for which its approval is required under this Constitution or an Act of Parliament—

(a)

the appointment shall be considered by a committee of the relevant House;

(b)

the committee’s recommendation shall be tabled in the House for approval; and

(c)

the proceedings of the committee and the House shall be open to the public.

125.
Power to call for evidence
(1)

Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.

(2)

For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court—

(a)

to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;

(b)

to compel the production of documents; and

(c)

to issue a commission or request to examine witnesses abroad.

PART 6 – MISCELLANEOUS
126.
Location of sittings of Parliament
(1)

A sitting of either House may be held at any place within Kenya and may commence at any time that the House appoints.

(2)

Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House, which shall be not more than thirty days after the election.

127.
Parliamentary Service Commission
(1)

There is established the Parliamentary Service Commission.

(2)

The Commission consists of—

(a)

the Speaker of the National Assembly, as chairperson;

(b)

a vice-chairperson elected by the Commission from the members appointed under paragraph (c);

(c)

seven members appointed by Parliament from among its members of whom—

(i) four shall be nominated equally from both Houses by the party or coalition of parties forming the national government, of whom at least two shall be women; and
(ii) three shall be nominated by the parties not forming the national government, at least one of whom shall be nominated from each House and at least one of whom shall be a woman; and
(d)

one man and one woman appointed by Parliament from among persons who are experienced in public affairs, but are not members of Parliament.

(3)

The Clerk of the Senate shall be the Secretary to the Commission.

(4)

A member of the Commission shall vacate office—

(a)

if the person is a member of Parliament—

(i) at the end of the term of the House of which the person is a member; or
(ii) if the person ceases to be a member of Parliament; or
(b)

if the person is an appointed member, on revocation of the person’s appointment by Parliament.

(5)

Despite clause (4), when the term of a House of Parliament ends, a member of the Commission appointed under clause (2)(c) shall continue in office until a new member has been appointed in the member’s place by the next House.

(6)

The Commission is responsible for—

(a)

providing services and facilities to ensure the efficient and effective functioning of Parliament;

(b)

constituting offices in the parliamentary service, and appointing and supervising office holders;

(c)

preparing annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service;

(d)

undertaking, singly or jointly with other relevant organisations, programmes to promote the ideals of parliamentary democracy; and

(e)

performing other functions—

(i) necessary for the well-being of the members and staff of Parliament; or
(ii) prescribed by national legislation.
128.
Clerks and staff of Parliament
(1)

There shall be a Clerk for each House of Parliament, appointed by the Parliamentary Service Commission with the approval of the relevant House.

(2)

The offices of the Clerks and offices of members of the staff of the Clerks shall be offices in the Parliamentary Service.

CHAPTER NINE – THE EXECUTIVE
PART 1 – PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE
129.
Principles of executive authority
(1)

Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.

(2)

Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well-being and benefit.

130.
The National Executive
(1)

The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.

(2)

The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya.

PART 2 – THE PRESIDENT AND DEPUTY PRESIDENT
131.
Authority of the President
(1)

The President—

(a)

is the Head of State and Government;

(b)

exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;

(c)

is the Commander-in-Chief of the Kenya Defence Forces;

(d)

is the chairperson of the National Security Council; and

(e)

is a symbol of national unity.

(2)

The President shall—

(a)

respect, uphold and safeguard this Constitution;

(b)

safeguard the sovereignty of the Republic;

(c)

promote and enhance the unity of the nation;

(d)

promote respect for the diversity of the people and communities of Kenya; and

(e)

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

(3)

The President shall not hold any other State or public office.

132.
Functions of the President
(1)

The President shall—

(a)

address the opening of each newly elected Parliament;

(b)

address a special sitting of Parliament once every year and may address Parliament at any other time; and

(c)

once every year—

(i) report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;
(ii) publish in the Gazette the details of the measures and progress under sub-paragraph (i); and
(iii) submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.
(2)

The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss—

(a)

the Cabinet Secretaries, in accordance with Article 152;

(b)

the Attorney-General, in accordance with Article 156;

(c)

the Secretary to the Cabinet in accordance with Article 154;

(d)

Principal Secretaries in accordance with Article 155;

(e)

high commissioners, ambassadors and diplomatic and consular representatives; and

(f)

in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

(3)

The President shall—

(a)

chair Cabinet meetings;

(b)

direct and co-ordinate the functions of ministries and government departments; and

(c)

by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.

(4)

The President may—

(a)

perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;

(b)

receive foreign diplomatic and consular representatives;

(c)

confer honours in the name of the people and the Republic;

(d)

subject to Article 58, declare a state of emergency; and

(e)

with the approval of Parliament, declare war.

(5)

The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.

133.
Power of mercy
(1)

On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by—

(a)

granting a free or conditional pardon to a person convicted of an offence;

(b)

postponing the carrying out of a punishment, either for a specified or indefinite period;

(c)

substituting a less severe form of punishment; or

(d)

remitting all or part of a punishment.

(2)

There shall be an Advisory Committee on the Power of Mercy, comprising—

(a)

the Attorney-General;

(b)

the Cabinet Secretary responsible for correctional services; and

(c)

at least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service.

(3)

Parliament shall enact legislation to provide for—

(a)

the tenure of the members of the Advisory Committee;

(b)

the procedure of the Advisory Committee; and

(c)

criteria that shall be applied by the Advisory Committee in formulating its advice.

(4)

The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President.

134.
Exercise of presidential powers during temporary incumbency
(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.

135.
Decisions of the President

A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.

136.
Election of the President
(1)

The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.

(2)

An election of the President shall be held—

(a)

on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; or

(b)

in the circumstances contemplated in Article 146.

137.
Qualifications and disqualifications for election as President
(1)

A person qualifies for nomination as a presidential candidate if the person—

(a)

is a citizen by birth;

(b)

is qualified to stand for election as a member of Parliament;

(c)

is nominated by a political party, or is an independent candidate; and

(d)

is nominated by not fewer than two thousand voters from each of a majority of the counties.

(2)

A person is not qualified for nomination as a presidential candidate if the person—

(a)

owes allegiance to a foreign state; or

(b)

is a public officer, or is acting in any State or other public office.

(3)

Clause (2)(b) shall not apply to—

(a)

the President;

(b)

the Deputy President; or

(c)

a member of Parliament.

138.
Procedure at presidential election
(1)

If only one candidate for President is nominated, that candidate shall be declared elected.

(2)

If two or more candidates for President are nominated, an election shall be held in each constituency.

(3)

In a presidential election—

(a)

all persons registered as voters for the purposes of parliamentary elections are entitled to vote;

(b)

the poll shall be taken by secret ballot on the day specified in Article 101(1) at the time, in the places and in the manner prescribed under an Act of Parliament; and

(c)

after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result.

(4)

A candidate shall be declared elected as President if the candidate receives—

(a)

more than half of all the votes cast in the election; and

(b)

at least twenty-five per cent of the votes cast in each of more than half of the counties.

(5)

If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be—

(a)

the candidate, or the candidates, who received the greatest number of votes; and

(b)

the candidate, or the candidates, who received the second greatest number of votes.

(6)

If more than one candidate receives the greatest number of votes, clause (5)(b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5)(a).

(7)

The candidate who receives the most votes in the fresh election shall be declared elected as President.

(8)

A presidential election shall be cancelled and a new election held if—

(a)

no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations;

(b)

a candidate for election as President or Deputy President dies on or before the scheduled election date; or

(c)

a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President.

(9)

A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election.

(10)

Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall—

(a)

declare the result of the election; and

(b)

deliver a written notification of the result to the Chief Justice and the incumbent President.

139.
Death before assuming office
(1)

If a President-elect dies after being declared elected as President, but before assuming office—

(a)

the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in; and

(b)

a fresh election to the office of President shall be held within sixty days after the death of the President-elect.

(2)

If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office by the person declared elected as the President.

(3)

If both the persons declared elected as the President and the Deputy President die before assuming office—

(a)

the Speaker of the National Assembly shall act as President from the date on which the President-elect would otherwise have been sworn-in; and

(b)

a fresh presidential election shall be conducted within sixty days after the second death.

140.
Questions as to validity of presidential election
(1)

A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.

(2)

Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.

(3)

If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination.

141.
Assumption of office of President
(1)

The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.

(2)

The President-elect shall be sworn in on the first Tuesday following—

(a)

the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140; or

(b)

the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.

(3)

The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule.

(4)

Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect.

142.
Term of office of President
(1)

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

(2)

A person shall not hold office as President for more than two terms.

143.
Protection from legal proceedings
(1)

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.

(2)

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 in respect of anything done or not done in the exercise of their powers under this Constitution.

(3)

Where provision is made in law limiting the time within which proceedings under clause (1) or (2) may be brought against a person, a 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 period of time prescribed by that law.

(4)

The immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity.

144.
Removal of President on grounds of incapacity
(1)

A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.

(2)

If a motion under clause (1) is supported by a majority of all the members of the National Assembly—

(a)

the Speaker shall inform the Chief Justice of that resolution within two days; and

(b)

the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3)

Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of—

(a)

three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine;

(b)

one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and

(c)

one person nominated by the President.

(4)

If the Chief Justice is unable to appoint a tribunal under clause (3), the Deputy Chief Justice shall appoint such a tribunal.

(5)

If the President is unable to nominate the person required to be nominated under clause (3)(c), the person shall be nominated by—

(a)

a member of the family of the President; or

(b)

if no such member is willing or able to make the nomination, by a close relative of the President.

(6)

The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly.

(7)

The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.

(8)

The report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall so announce in the National Assembly.

(9)

If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report.

(10)

If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office.

145.
Removal of President by impeachment
(1)

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—

(a)

on the ground of a gross violation of a provision of this Constitution or of any other law;

(b)

where there are serious reasons for believing that the President has committed a crime under national or international law; or

(c)

for gross misconduct.

(2)

If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly—

(a)

the Speaker shall inform the Speaker of the Senate of that resolution within two days; and

(b)

the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3)

Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—

(a)

the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the President; and

(b)

the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

(4)

A special committee appointed under clause (3)(b) shall—

(a)

investigate the matter; and

(b)

report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.

(5)

The President shall have the right to appear and be represented before the special committee during its investigations.

(6)

If the special committee reports that the particulars of any allegation against the President—

(a)

have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or

(b)

have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

(7)

If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

146.
Vacancy in the office of President
(1)

The office of President shall become vacant if the holder of the office—

(a)

dies;

(b)

resigns, in writing, addressed to the Speaker of the National Assembly; or

(c)

otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.

(2)

When a vacancy occurs in the office of President—

(a)

the Deputy President shall assume office as President for the remainder of the term of the President; or

(b)

if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President.

(3)

A person who assumes the office of President under clause (2)(a), or following an election required by clause (2)(b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2)(a).

(4)

If the Deputy President assumes office as President under clause (2)(a), or a person is elected to the office of President under clause (2)(b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142(2)—

(a)

to have served a full term as 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 President, in any other case.

147.
Functions of the Deputy President
(1)

The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.

(2)

The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.

(3)

Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.

(4)

The Deputy President shall not hold any other State or public office.

148.
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.

149.
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.

150.
Removal of Deputy President
(1)

The Deputy President may be removed from office—

(a)

on the ground of physical or mental incapacity to perform the functions of the office; or

(b)

on impeachment—

(i) on the ground of a gross violation of a provision of this Constitution or any other law;
(ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or
(iii) for gross misconduct.
(2)

The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the removal of the Deputy President.

151.
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.

PART 3 – THE CABINET
152.
Cabinet
(1)

The Cabinet consists of—

(a)

the President;

(b)

the Deputy President;

(c)

the Attorney-General; and

(d)

not fewer than fourteen and not more than twenty-two Cabinet Secretaries.

(2)

The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.

(3)

A Cabinet Secretary shall not be a Member of Parliament.

(4)

Each person appointed as a Cabinet Secretary—

(a)

assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to this Constitution, before the President and in accordance with the Third Schedule; and

(b)

may resign by delivering a written statement of resignation to the President.

(5)

The President—

(a)

may re-assign a Cabinet Secretary;

(b)

may dismiss a Cabinet Secretary; and

(c)

shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10).

(6)

A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary—

(a)

on the ground of a gross violation of a provision of this Constitution or of any other law;

(b)

where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or

(c)

for gross misconduct.

(7)

If a motion under clause (6) is supported by at least one-third of the members of the National Assembly—

(a)

the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and

(b)

the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.

(8)

The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.

(9)

If the select committee reports that it finds the allegations—

(a)

unsubstantiated, no further proceedings shall be taken; or

(b)

substantiated, the National Assembly shall—

(i) afford the Cabinet Secretary an opportunity to be heard; and
(ii) vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed.
(10)

If a resolution under clause (9)(b)(ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of the members of the National Assembly—

(a)

the Speaker shall promptly deliver the resolution to the President; and

(b)

the President shall dismiss the Cabinet Secretary.

153.
Decisions, responsibility and accountability of the Cabinet
(1)

A decision by the Cabinet shall be in writing.

(2)

Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.

(3)

A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.

(4)

Cabinet Secretaries shall—

(a)

act in accordance with this Constitution; and

(b)

provide Parliament with full and regular reports concerning matters under their control.

154.
Secretary to the Cabinet
(1)

There is established the office of Secretary to the Cabinet, which is an office in the public service.

(2)

The Secretary to the Cabinet shall—

(a)

be nominated and, with the approval of the National Assembly, appointed by the President; and

(b)

may be dismissed by the President.

(3)

The Secretary to the Cabinet shall—

(a)

have charge of the Cabinet office;

(b)

be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes, of the Cabinet;

(c)

convey the decisions of the Cabinet to the appropriate persons or authorities; and

(d)

have other functions as directed by the Cabinet.

(4)

The Secretary to the Cabinet may resign from office by giving notice, in writing, to the President.

155.
Principal Secretaries
(1)

There is established the office of Principal Secretary, which is an office in the public service.

(2)

Each State department shall be under the administration of a Principal Secretary.

(3)

The President shall—

(a)

nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and

(b)

with the approval of the National Assembly, appoint Principal Secretaries.

(4)

The President may re-assign a Principal Secretary.

(5)

A Principal Secretary may resign from office by giving notice, in writing, to the President.

PART 4 – OTHER OFFICES
156.
Attorney-General
(1)

There is established the office of Attorney-General.

(2)

The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(3)

The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.

(4)

The Attorney-General—

(a)

is the principal legal adviser to the Government;

(b)

shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and

(c)

shall perform any other functions conferred on the office by an Act of Parliament or by the President.

(5)

The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.

(6)

The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.

(7)

The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

157.
Director of Public Prosecutions
(1)

There is established the office of Director of Public Prosecutions.

(2)

The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President.

(3)

The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court.

(4)

The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction.

(5)

The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment.

(6)

The Director of Public Prosecutions shall exercise State powers of prosecution and may—

(a)

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;

(b)

take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and

(c)

subject to clauses (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions under paragraph (b).

(7)

If the discontinuance of any proceedings under clause (6)(c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.

(8)

The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court.

(9)

The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

(10)

The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.

(11)

In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.

(12)

Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions.

158.
Removal and resignation of Director of Public Prosecutions
(1)

The Director of Public Prosecutions may be removed from office only on the grounds of—

(a)

inability to perform the functions of office arising from mental or physical incapacity;

(b)

non-compliance with Chapter Six;

(c)

bankruptcy;

(d)

incompetence; or

(e)

gross misconduct or misbehaviour.

(2)

A person desiring the removal of the Director of Public Prosecutions may present a petition to the Public Service Commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Director.

(3)

The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under clause (1), it shall send the petition to the President.

(4)

On receipt and examination of the petition, the President shall, within fourteen days, suspend the Director of Public Prosecutions from office pending action by the President in accordance with clause (5) and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of—

(a)

four members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such;

(b)

one advocate of at least fifteen years’ standing nominated by the statutory body responsible for the professional regulation of advocates; and

(c)

two other persons with experience in public affairs.

(5)

The tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the President, who shall act in accordance with the recommendations of the tribunal.

(6)

A Director of Public Prosecutions who is suspended from office under clause (4) shall be entitled to half of their remuneration until removed from, or reinstated in, office.

(7)

A tribunal appointed under clause (4) shall elect a chairperson from among its members.

(8)

A tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings.

(9)

The Director of Public Prosecutions may resign from office by giving notice, in writing, to the President.

CHAPTER TEN – JUDICIARY
PART 1 – JUDICIAL AUTHORITY AND LEGAL SYSTEM
159.
Judicial authority
(1)

Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.

(2)

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

(a)

justice shall be done to all, irrespective of status;

(b)

justice shall not be delayed;

(c)

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

(d)

justice shall be administered without undue regard to procedural technicalities; and

(e)

the purpose and principles of this Constitution shall be protected and promoted.

(3)

Traditional dispute resolution mechanisms shall not be used in a way that—

(a)

contravenes the Bill of Rights;

(b)

is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or

(c)

is inconsistent with this Constitution or any written law.

160.
Independence of the Judiciary
(1)

In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.

(2)

The office of a judge of a superior court shall not be abolished while there is a substantive holder of the office.

(3)

The remuneration and benefits payable to or in respect of judges shall be a charge on the Consolidated Fund.

(4)

Subject to Article 168(6), the remuneration and benefits payable to, or in respect of, a judge shall not be varied to the disadvantage of that judge, and the retirement benefits of a retired judge shall not be varied to the disadvantage of the retired judge during the lifetime of that retired judge.

(5)

A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

161.
Judicial offices and officers
(1)

The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.

(2)

There is established the office of—

(a)

Chief Justice, who shall be the Head of the Judiciary;

(b)

Deputy Chief Justice, who shall be the Deputy Head of the Judiciary; and

(c)

Chief Registrar of the Judiciary, who shall be the chief administrator and accounting officer of the Judiciary.

(3)

The Judicial Service Commission may establish other offices of registrar as may be necessary.

162.
System of courts
(1)

The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts referred to in clause (2).

(2)

Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to—

(a)

employment and labour relations; and

(b)

the environment and the use and occupation of, and title to, land.

(3)

Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2).

(4)

The subordinate courts are the courts established under Article 169, or by Parliament in accordance with that Article.

PART 2 – SUPERIOR COURTS
163.
Supreme Court
(1)

There is established the Supreme Court, which shall consists of—

(a)

the Chief Justice, who shall be the president of the court;

(b)

the Deputy Chief Justice, who shall—

(i) deputise for the Chief Justice; and
(ii) be the vice-president of the court; and
(c)

five other judges.

(2)

The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges.

(3)

The Supreme Court shall have—

(a)

exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140; and

(b)

subject to clauses (4) and (5), appellate jurisdiction to hear and determine appeals from—

(i) the Court of Appeal; and
(ii) any other court or tribunal as prescribed by national legislation.
(4)

Appeals shall lie from the Court of Appeal to the Supreme Court—

(a)

as of right in any case involving the interpretation or application of this Constitution; and

(b)

in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).

(5)

A certification by the Court of Appeal under clause (4)(b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned.

(6)

The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.

(7)

All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court.

(8)

The Supreme Court shall make rules for the exercise of its jurisdiction.

(9)

An Act of Parliament may make further provision for the operation of the Supreme Court.

164.
Court of Appeal
(1)

There is established the Court of Appeal, which—

(a)

shall consist of the number of judges, being not fewer than twelve, as may be prescribed by an Act of Parliament; and

(b)

shall be organised and administered in the manner prescribed by an Act of Parliament.

(2)

There shall be a president of the Court of Appeal who shall be elected by the judges of the Court of Appeal from among themselves.

(3)

The Court of Appeal has jurisdiction to hear appeals from—

(a)

the High Court; and

(b)

any other court or tribunal as prescribed by an Act of Parliament.

165.
High Court
(1)

There is established the High Court, which—

(a)

shall consist of the number of judges prescribed by an Act of Parliament; and

(b)

shall be organised and administered in the manner prescribed by an Act of Parliament.

(2)

There shall be a Principal Judge of the High Court, who shall be elected by the judges of the High Court from among themselves.

(3)

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

(a)

unlimited original jurisdiction in criminal and civil matters;

(b)

jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;

(c)

jurisdiction to hear an appeal from a decision of a tribunal appointed under this Constitution to consider the removal of a person from office, other than a tribunal appointed under Article 144;

(d)

jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of—

(i) the question whether any law is inconsistent with or in contravention of this Constitution;
(ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention of, this Constitution;
(iii) any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government; and
(iv) a question relating to conflict of laws under Article 191; and
(e)

any other jurisdiction, original or appellate, conferred on it by legislation.

(4)

Any matter certified by the court as raising a substantial question of law under clause (3)(b) or (d) shall be heard by an uneven number of judges, being not less than three, assigned by the Chief Justice.

(5)

The High Court shall not have jurisdiction in respect of matters—

(a)

reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or

(b)

falling within the jurisdiction of the courts contemplated in Article 162 (2).

(6)

The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.

(7)

For the purposes of clause (6), the High Court may call for the record of any proceedings before any subordinate court or person, body or authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration of justice.

166.
Appointment of Chief Justice, Deputy Chief Justice and other judges
(1)

The President shall appoint—

(a)

the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and

(b)

all other judges, in accordance with the recommendation of the Judicial Service Commission.

(2)

Each judge of a superior court shall be appointed from among persons who—

(a)

hold a law degree from a recognised university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;

(b)

possess the experience required under clauses (3) to (6) as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-law jurisdiction; and

(c)

have a high moral character, integrity and impartiality.

(3)

The Chief Justice and other judges of the Supreme Court shall be appointed from among persons who have—

(a)

at least fifteen years experience as a superior court judge; or

(b)

at least fifteen years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or

(c)

held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to fifteen years.

(4)

Each judge of the Court of Appeal shall be appointed from among persons who have—

(a)

at least ten years’ experience as a superior court judge; or

(b)

at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or

(c)

held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.

(5)

Each judge of the High Court shall be appointed from among persons who have—

(a)

at least ten years’ experience as a superior court judge or professionally qualified magistrate; or

(b)

at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or

(c)

held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.

167.
Tenure of office of the Chief Justice and other judges
(1)

A judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years.

(2)

The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier.

(3)

If the Chief Justice’s term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court.

(4)

If, on the expiry of the term of office of a Chief Justice, the Chief Justice opts to remain on the Supreme Court under clause (3), the next person appointed as Chief Justice may be selected in accordance with Article 166(1), even though that appointment may result in there being more than the maximum permitted number of Supreme Court judges holding office.

(5)

The Chief Justice and any other judge may resign from office by giving notice, in writing, to the President.

168.
Removal from office
(1)

A judge of a superior court may be removed from office only on the grounds of—

(a)

inability to perform the functions of office arising from mental or physical incapacity;

(b)

a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament;

(c)

bankruptcy;

(d)

incompetence; or

(e)

gross misconduct or misbehaviour.

(2)

The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.

(3)

A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal.

(4)

The Judicial Service Commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President.

(5)

The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission—

(a)

in the case of the Chief Justice, appoint a tribunal consisting of—

(i) the Speaker of the National Assembly, as chairperson;
(ii) three superior court judges from common-law jurisdictions;
(iii) one advocate of fifteen years standing; and
(iv) two other persons with experience in public affairs; or
(b)

in the case of a judge other than the Chief Justice, appoint a tribunal consisting of—

(i) a chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years;
(ii) one advocate of fifteen years standing; and
(iii) two other persons with experience in public affairs.
(6)

Despite Article 160 (4), the remuneration and benefits payable to a judge who is suspended from office under clause (5) shall be adjusted to one half until such time as the judge is removed from, or reinstated in, office.

(7)

A tribunal appointed under clause (5) shall—

(a)

be responsible for the regulation of its proceedings, subject to any legislation contemplated in clause (10); and

(b)

inquire into the matter expeditiously and report on the facts and make binding recommendations to the President.

(8)

A judge who is aggrieved by a decision of the tribunal under this Article may appeal against the decision to the Supreme Court, within ten days after the tribunal makes its recommendations.

(9)

The President shall act in accordance with the recommendations made by the tribunal on the later of—

(a)

the expiry of the time allowed for an appeal under clause (8), if no such appeal is taken; or

(b)

the completion of all rights of appeal in any proceedings allowed for under clause (8), if such an appeal is taken and the final order in the matter affirms the tribunal’s recommendations.

(10)

Parliament shall enact legislation providing for the procedure of a tribunal appointed under this Article.

PART 3 – SUBORDINATE COURTS
169.
Subordinate courts
(1)

The subordinate courts are—

(a)

the Magistrates courts;

(b)

the Kadhis’ courts;

(c)

the Courts Martial; and

(d)

any other court or local tribunal as may be established by an Act of Parliament, other than the courts established as required by Article 162(2).

(2)

Parliament shall enact legislation conferring jurisdiction, functions and powers on the courts established under clause (1).

170.
Kadhis’ courts
(1)

There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.

(2)

A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person—

(a)

professes the Muslim religion; and

(b)

possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.

(3)

Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).

(4)

The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.

(5)

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

PART 4 – JUDICIAL SERVICE COMMISSION
171.
Establishment of the Judicial Service Commission
(1)

There is established the Judicial Service Commission.

(2)

The Commission shall consist of—

(a)

the Chief Justice, who shall be the chairperson of the Commission;

(b)

one Supreme Court judge elected by the judges of the Supreme Court;

(c)

one Court of Appeal judge elected by the judges of the Court of Appeal;

(d)

one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;

(e)

the Attorney-General;

(f)

two advocates, one a woman and one a man, each of whom has at least fifteen years’ experience, elected by the members of the statutory body responsible for the professional regulation of advocates;

(g)

one person nominated by the Public Service Commission; and

(h)

one woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.

(3)

The Chief Registrar of the Judiciary shall be the Secretary to the Commission.

(4)

Members of the Commission, apart from the Chief Justice and the Attorney-General, shall hold office, provided that they remain qualified, for a term of five years and shall be eligible to be nominated for one further term of five years.

172.
Functions of the Judicial Service Commission
(1)

The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall—

(a)

recommend to the President persons for appointment as judges;

(b)

review and make recommendations on the conditions of service of—

(i) judges and judicial officers, other than their remuneration; and
(ii) the staff of the Judiciary;
(c)

appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament;

(d)

prepare and implement programmes for the continuing education and training of judges and judicial officers; and

(e)

advise the national government on improving the efficiency of the administration of justice.

(2)

In the performance of its functions, the Commission shall be guided by the following—

(a)

competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and

(b)

the promotion of gender equality.

173.
Judiciary Fund
(1)

There is established a fund to be known as the Judiciary Fund which shall be administered by the Chief Registrar of the Judiciary.

(2)

The Fund shall be used for administrative expenses of the Judiciary and such other purposes as may be necessary for the discharge of the functions of the Judiciary.

(3)

Each financial year, the Chief Registrar shall prepare estimates of expenditure for the following year, and submit them to the National Assembly for approval.

(4)

On approval of the estimates by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and the funds shall be paid directly into the Judiciary Fund.

(5)

Parliament shall enact legislation to provide for the regulation of the Fund.

CHAPTER ELEVEN – DEVOLVED GOVERNMENT
PART 1 – OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT
174.
Objects of devolution

The objects of the devolution of government are—

(a)

to promote democratic and accountable exercise of power;

(b)

to foster national unity by recognising diversity;

(c)

to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;

(d)

to recognise the right of communities to manage their own affairs and to further their development;

(e)

to protect and promote the interests and rights of minorities and marginalised communities;

(f)

to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;

(g)

to ensure equitable sharing of national and local resources throughout Kenya;

(h)

to facilitate the decentralisation of State organs, their functions and services, from the capital of Kenya; and

(i)

to enhance checks and balances and the separation of powers.

175.
Principles of devolved government

County governments established under this Constitution shall reflect the following principles—

(a)

county governments shall be based on democratic principles and the separation of powers;

(b)

county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and

(c)

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

PART 2 – COUNTY GOVERNMENTS
176.
County governments
(1)

There shall be a county government for each county, consisting of a county assembly and a county executive.

(2)

Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so.

177.
Membership of county assembly
(1)

A county assembly consists of—

(a)

members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year;

(b)

the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender;

(c)

the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and

(d)

the Speaker, who is an ex officio member.

(2)

The members contemplated in clause (1)(b) and (c) shall, in each case, be nominated by political parties in proportion to the seats received in that election in that county by each political party under paragraph (a) in accordance with Article 90.

(3)

The filling of special seats under clause (1)(b) shall be determined after declaration of elected members from each ward.

(4)

A county assembly is elected for a term of five years.

178.
Speaker of a county assembly
(1)

Each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly.

(2)

A sitting of the county assembly shall be presided over by—

(a)

the speaker of the assembly; or

(b)

in the absence of the speaker, another member of the assembly elected by the assembly.

(3)

Parliament shall enact legislation providing for the election and removal from office of speakers of the county assemblies.

179.
County executive committees
(1)

The executive authority of the county is vested in, and exercised by, a county executive committee.

(2)

The county executive committee consists of—

(a)

the county governor and the deputy county governor; and

(b)

members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.

(3)

The number of members appointed under clause (2)(b) shall not exceed—

(a)

one-third of the number of members of the county assembly, if the assembly has less than thirty members; or

(b)

ten, if the assembly has thirty or more members.

(4)

The county governor and the deputy county governor are the chief executive and deputy chief executive of the county, respectively.

(5)

When the county governor is absent, the deputy county governor shall act as the county governor.

(6)

Members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers.

(7)

If a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2)(b) cease to hold office.

180.
Election of county governor and deputy county governor
(1)

The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year.

(2)

To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.

(3)

If only one candidate for county governor is nominated, that candidate shall be declared elected.

(4)

If two or more candidates are nominated, an election shall be held in the county and the candidate who receives the greatest number of votes shall be declared elected.

(5)

Each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor.

(6)

The Independent Electoral and Boundaries Commission shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor.

(7)

A person shall not hold office—

(a)

as a county governor for more than two terms; or

(b)

as a deputy county governor for more than two terms.

(8)

For the purposes of clause (7), a person who has assumed the office of county governor shall be deemed to have served a full term, subject only to Article 182 (3)(b).

181.
Removal of a county governor
(1)

A county governor may be removed from office on any of the following grounds—

(a)

gross violation of this Constitution or any other law;

(b)

where there are serious reasons for believing that the county governor has committed a crime under national or international law;

(c)

abuse of office or gross misconduct; or

(d)

physical or mental incapacity to perform the functions of office of county governor.

(2)

Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in clause (1).

182.
Vacancy in the office of county governor
(1)

The office of the county governor shall become vacant if the holder of the office—

(a)

dies;

(b)

resigns, in writing, addressed to the speaker of the county assembly;

(c)

ceases to be eligible to be elected county governor under Article 180(2);

(d)

is convicted of an offence punishable by imprisonment for at least twelve months; or

(e)

is removed from office under this Constitution.

(2)

If a vacancy occurs in the office of county governor, the deputy county governor shall assume office as county governor for the remainder of the term of the county governor.

(3)

If a person assumes office as county governor under clause (2), the person shall be deemed for the purposes of Article 180(7)—

(a)

to have served a full term as county governor 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 180(1); or

(b)

not to have served a term of office as county governor, in any other case.

(4)

If a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.

(5)

If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor.

(6)

A person who assumes the office of county governor under this Article shall, unless otherwise removed from office under this Constitution, hold office until the newly elected county governor assumes office following the next election held under Article 180(1).

183.
Functions of county executive committees
(1)

A county executive committee shall—

(a)

implement county legislation;

(b)

implement, within the county, national legislation to the extent that the legislation so requires;

(c)

manage and coordinate the functions of the county administration and its departments; and

(d)

perform any other functions conferred on it by this Constitution or national legislation.

(2)

A county executive committee may prepare proposed legislation for consideration by the county assembly.

(3)

The county executive committee shall provide the county assembly with full and regular reports on matters relating to the county.

184.
Urban areas and cities
(1)

National legislation shall provide for the governance and management of urban areas and cities and shall, in particular—

(a)

establish criteria for classifying areas as urban areas and cities;

(b)

establish the principles of governance and management of urban areas and cities; and

(c)

provide for participation by residents in the governance of urban areas and cities.

(2)

National legislation contemplated in clause (1) may include mechanisms for identifying different categories of urban areas and cities, and for their governance.

185.
Legislative authority of county assemblies
(1)

The legislative authority of a county is vested in, and exercised by, its county assembly.

(2)

A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.

(3)

A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs.

(4)

A county assembly may receive and approve plans and policies for—

(a)

the management and exploitation of the county’s resources; and

(b)

the development and management of its infrastructure and institutions.

PART 3 – FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
186.
Respective functions and powers of national and county governments
(1)

Except as otherwise provided by this Constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the Fourth Schedule.

(2)

A function or power that is conferred on more than one level of government is a function or power within the concurrent jurisdiction of each of those levels of government.

(3)

A function or power not assigned by this Constitution or national legislation to a county is a function or power of the national government.

(4)

For greater certainty, Parliament may legislate for the Republic on any matter.

187.
Transfer of functions and powers between levels of government
(1)

A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if—

(a)

the function or power would be more effectively performed or exercised by the receiving government; and

(b)

the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.

(2)

If a function or power is transferred from a government at one level to a government at the other level—

(a)

arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and

(b)

constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.

PART 4 – THE BOUNDARIES OF COUNTIES
188.
Boundaries of counties
(1)

The boundaries of a county may be altered only by a resolution—

(a)

recommended by an independent commission set up for that purpose by Parliament; and

(b)

passed by—

(i) the National Assembly, with the support of at least two-thirds of all of the members of the Assembly; and
(ii) the Senate, with the support of at least two-thirds of all of the county delegations.
(2)

The boundaries of a county may be altered to take into account—

(a)

population density and demographic trends;

(b)

physical and human infrastructure;

(c)

historical and cultural ties;

(d)

the cost of administration;

(e)

the views of the communities affected;

(f)

the objects of devolution of government; and

(g)

geographical features.

PART 5 – RELATIONSHIPS BETWEEN GOVERNMENTS
189.
Cooperation between national and county governments
(1)

Government at either level shall—

(a)

perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of

government at the other level and, in the case of county government, within the county level;

(b)

assist, support and consult and, as appropriate, implement the legislation of the other level of government; and

(c)

liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.

(2)

Government at each level, and different governments at the county level, shall co-operate in the performance of functions and exercise of powers and, for that purpose, may set up joint committees and joint authorities.

(3)

In any dispute between governments, the governments shall make every reasonable effort to settle the dispute, including by means of procedures provided under national legislation.

(4)

National legislation shall provide procedures for settling inter-governmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.

190.
Support for county governments
(1)

Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions.

(2)

County governments shall operate financial management systems that comply with any requirements prescribed by national legislation.

(3)

Parliament shall, by legislation, provide for intervention by the national government if a county government—

(a)

is unable to perform its functions; or

(b)

does not operate a financial management system that complies with the requirements prescribed by national legislation.

(4)

Legislation under clause (3) may, in particular, authorise the national government—

(a)

to take appropriate steps to ensure that the county government’s functions are performed and that it operates a financial management system that complies with the prescribed requirements; and

(b)

if necessary, to assume responsibility for the relevant functions.

(5)

The legislation under clause (3) shall—

(a)

require notice to be given to a county government of any measures that the national government intends to take;

(b)

permit the national government to take only measures that are necessary;

(c)

require the national government, when it intervenes, to take measures that will assist the county government to resume full responsibility for its functions; and

(d)

provide for a process by which the Senate may bring the intervention by the national government to an end.

191.
Conflict of laws
(1)

This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government.

(2)

National legislation prevails over county legislation if—

(a)

the national legislation applies uniformly throughout Kenya and any of the conditions specified in clause (3) is satisfied; or

(b)

the national legislation is aimed at preventing unreasonable action by a county that—

(i) is prejudicial to the economic, health or security interests of Kenya or another county; or
(ii) impedes the implementation of national economic policy.
(3)

The following are the conditions referred to in clause (2)(a)—

(a)

the national legislation provides for a matter that cannot be regulated effectively by legislation enacted by the individual counties;

(b)

the national legislation provides for a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishing—

(i) norms and standards; or
(ii) national policies; or
(c)

the national legislation is necessary for—

(i) the maintenance of national security;
(ii) the maintenance of economic unity;
(iii) the protection of the common market in respect of the mobility of goods, services, capital and labour;
(iv) the promotion of economic activities across county boundaries;
(v) the promotion of equal opportunity or equal access to government services; or
(vi) the protection of the environment.
(4)

County legislation prevails over national legislation if neither of the circumstances contemplated in clause (2) apply.

(5)

In considering an apparent conflict between legislation of different levels of government, a court shall prefer a reasonable interpretation of the legislation that avoids a conflict to an alternative interpretation that results in conflict.

(6)

A decision by a court that a provision of legislation of one level of government prevails over a provision of legislation of another level of government does not invalidate the other provision, but the other provision is inoperative to the extent of the inconsistency.

PART 6 – SUSPENSION OF COUNTY GOVERNMENTS
192.
Suspension of a county government
(1)

The President may suspend a county government—

(a)

in an emergency arising out of internal conflict or war; or

(b)

in any other exceptional circumstances.

(2)

A county government shall not be suspended under clause (1)(b) unless an independent commission of inquiry has investigated allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorised the suspension.

(3)

During a suspension under this Article, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament.

(4)

The Senate may at any time terminate the suspension.

(5)

A suspension under this Article shall not extend beyond a period of ninety days.

(6)

On the expiry of the period provided for under clause (5), elections for the relevant county government shall be held.

PART 7 – GENERAL
193.
Qualifications for election as member of county assembly
(1)

Unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the person—

(a)

is registered as a voter;

(b)

satisfies any educational, moral and ethical requirements prescribed by this Constitution or an Act of Parliament; and

(c)

is either—

(i) nominated by a political party; or
(ii) an independent candidate supported by at least five hundred registered voters in the ward concerned.
(2)

A person is disqualified from being elected a member of a county assembly if the person—

(a)

is a State officer or other public officer, other than a member of the county assembly;

(b)

has, at any time within the five years immediately before the date of election, held office as a member of the Independent Electoral and Boundaries Commission;

(c)

has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;

(d)

is of unsound mind;

(e)

is an undischarged bankrupt;

(f)

is serving a sentence of imprisonment of at least six months; or

(g)

has been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six.

(3)

A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

194.
Vacation of office of member of county assembly
(1)

The office of a member of a county assembly becomes vacant—

(a)

if the member dies;

(b)

if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence;

(c)

if the member is removed from office under this Constitution or legislation enacted under Article 80;

(d)

if the member resigns in writing addressed to the speaker of the assembly;

(e)

if, having been elected to the assembly—

(i) as a member of a political party, the member resigns from the party, or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
(ii) as an independent candidate, the member joins a political party;
(f)

at the end of the term of the assembly; or

(g)

if the member becomes disqualified for election on grounds specified in Article 193(2).

(2)

Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1)(e), to have resigned from the party.

195.
County assembly power to summon witnesses
(1)

A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.

(2)

For the purposes of clause (1), an assembly has the same powers as the High Court to—

(a)

enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;

(b)

compel the production of documents; and

(c)

issue a commission or request to examine witnesses abroad.

196.
Public participation and county assembly powers, privileges and immunities
(1)

A county assembly shall—

(a)

conduct its business in an open manner, and hold its sittings and those of its committees, in public; and

(b)

facilitate public participation and involvement in the legislative and other business of the assembly and its committees.

(2)

A county assembly may not exclude the public, or any media, from any sitting unless in exceptional circumstances the speaker has determined that there are justifiable reasons for doing so.

(3)

Parliament shall enact legislation providing for the powers, privileges and immunities of county assemblies, their committees and members.

197.
County assembly gender balance and diversity
(1)

Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.

(2)

Parliament shall enact legislation to—

(a)

ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee; and

(b)

prescribe mechanisms to protect minorities within counties.

198.
County government during transition

While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election.

199.
Publication of county legislation
(1)

County legislation does not take effect unless published in the Gazette.

(2)

National and county legislation may prescribe additional requirements in respect of the publication of county legislation.

200.
Legislation on Chapter
(1)

Parliament shall enact legislation providing for all matters necessary or convenient to give effect to this Chapter.

(2)

In particular, provision may be made with respect to—

(a)

the governance of the capital city, other cities and urban areas;

(b)

the transfer of functions and powers by one level of government to another, including the transfer of legislative powers from the national government to county governments;

(c)

the manner of election or appointment of persons to, and their removal from, offices in county governments, including the qualifications of voters and candidates;

(d)

the procedure of assemblies and executive committees including the chairing and frequency of meetings, quorums and voting; and

(e)

the suspension of assemblies and executive committees.

CHAPTER TWELVE – PUBLIC FINANCE
PART I – PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
201.
Principles of public finance

The following principles shall guide all aspects of public finance in the Republic—

(a)

there shall be openness and accountability, including public participation in financial matters;

(b)

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

(i) the burden of taxation shall be shared fairly;
(ii) revenue raised nationally shall be shared equitably among national and county governments; and
(iii) expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
(c)

the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations;

(d)

public money shall be used in a prudent and responsible way; and

(e)

financial management shall be responsible, and fiscal reporting shall be clear.

202.
Equitable sharing of national revenue
(1)

Revenue raised nationally shall be shared equitably among the national and county governments.

(2)

County governments may be given additional allocations from the national government’s share of the revenue, either conditionally or unconditionally.

203.
Equitable share and other financial laws
(1)

The following criteria shall be taken into account in determining the equitable shares provided for under Article 202 and in all national legislation concerning county government enacted in terms of this Chapter—

(a)

the national interest;

(b)

any provision that must be made in respect of the public debt and other national obligations;

(c)

the needs of the national government, determined by objective criteria;

(d)

the need to ensure that county governments are able to perform the functions allocated to them;

(e)

the fiscal capacity and efficiency of county governments;

(f)

developmental and other needs of counties;

(g)

economic disparities within and among counties and the need to remedy them;

(h)

the need for affirmative action in respect of disadvantaged areas and groups;

(i)

the need for economic optimisation of each county and to provide incentives for each county to optimise its capacity to raise revenue;

(j)

the desirability of stable and predictable allocations of revenue; and

(k)

the need for flexibility in responding to emergencies and other temporary needs, based on similar objective criteria.

(2)

For every financial year, the equitable share of the revenue raised nationally that is allocated to county governments shall be not less than fifteen per cent of all revenue collected by the national government.

(3)

The amount referred to in clause (2) shall be calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly.

204.
Equalisation Fund
(1)

There is established an Equalisation Fund into which shall be paid one half per cent of all the revenue collected by the national government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly.

(2)

The national government shall use the Equalisation Fund only to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible.

(3)

The national government may use the Equalisation Fund—

(a)

only to the extent that the expenditure of those funds has been approved in an Appropriation Bill enacted by Parliament; and

(b)

either directly, or indirectly through conditional grants to counties in which marginalised communities exist.

(4)

The Commission on Revenue Allocation shall be consulted and its recommendations considered before Parliament passes any Bill appropriating money out of the Equalisation Fund.

(5)

Any unexpended money in the Equalisation Fund at the end of a particular financial year shall remain in that Fund for use in accordance with clauses (2) and (3) during any subsequent financial year.

(6)

This Article lapses twenty years after the effective date, subject to clause (7).

(7)

Parliament may enact legislation suspending the effect of clause (6) for a further fixed period of years, subject to clause (8).

(8)

Legislation under clause (7) shall be supported by more than half of all the members of the National Assembly, and more than half of all the county delegations in the Senate.

(9)

Money shall not be withdrawn from the Equalisation Fund unless the Controller of Budget has approved the withdrawal.

205.
Consultation on financial legislation affecting counties
(1)

When a Bill that includes provisions dealing with the sharing of revenue, or any financial matter concerning county governments is published, the Commission on Revenue Allocation shall consider those provisions and may make recommendations to the National Assembly and the Senate.

(2)

Any recommendations made by the Commission shall be tabled in Parliament, and each House shall consider the recommendations before voting on the Bill.

PART 2 – OTHER PUBLIC FUNDS
206.
Consolidated Fund and other public funds
(1)

There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government, except money that—

(a)

is reasonably excluded from the Fund by an Act of Parliament and payable into another public fund established for a specific purpose; or

(b)

may, under an Act of Parliament, be retained by the State organ that received it for the purpose of defraying the expenses of the State organ.

(2)

Money may be withdrawn from the Consolidated Fund only—

(a)

in accordance with an appropriation by an Act of Parliament;

(b)

in accordance with Article 222 or 223; or

(c)

as a charge against the Fund as authorised by this Constitution or an Act of Parliament.

(3)

Money shall not be withdrawn from any national public fund other than the Consolidated Fund, unless the withdrawal of the money has been authorised by an Act of Parliament.

(4)

Money shall not be withdrawn from the Consolidated Fund unless the Controller of Budget has approved the withdrawal.

207.
Revenue Funds for county governments
(1)

There shall be established a Revenue Fund for each county government, into which shall be paid all money raised or received by or on behalf of the county government, except money reasonably excluded by an Act of Parliament.

(2)

Money may be withdrawn from the Revenue Fund of a county government only—

(a)

as a charge against the Revenue Fund that is provided for by an Act of Parliament or by legislation of the county; or

(b)

as authorised by an appropriation by legislation of the county.

(3)

Money shall not be withdrawn from a Revenue Fund unless the Controller of Budget has approved the withdrawal.

(4)

An Act of Parliament may—

(a)

make further provision for the withdrawal of funds from a county Revenue Fund; and

(b)

provide for the establishment of other funds by counties and the management of those funds.

208.
Contingencies Fund
(1)

There is established a Contingencies Fund, the operation of which shall be in accordance with an Act of Parliament.

(2)

An Act of Parliament shall provide for advances from the Contingencies Fund if the Cabinet Secretary responsible for finance is satisfied that there is an urgent and unforeseen need for expenditure for which there is no other authority.

PART 3 – REVENUE-RAISING POWERS AND THE PUBLIC DEBT
209.
Power to impose taxes and charges
(1)

Only the national government may impose—

(a)

income tax;

(b)

value-added tax;

(c)

customs duties and other duties on import and export goods; and

(d)

excise tax.

(2)

An Act of Parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3)(a) or (b).

(3)

A county may impose—

(a)

property rates;

(b)

entertainment taxes; and

(c)

any other tax that it is authorised to impose by an Act of Parliament.

(4)

The national and county governments may impose charges for the services they provide.

(5)

The taxation and other revenue-raising powers of a county shall not be exercised in a way that prejudices national economic policies, economic activities across county boundaries or the national mobility of goods, services, capital or labour.

210.
Imposition of tax
(1)

No tax or licensing fee may be imposed, waived or varied except as provided by legislation.

(2)

If legislation permits the waiver of any tax or licensing fee—

(a)

a public record of each waiver shall be maintained together with the reason for the waiver; and

(b)

each waiver, and the reason for it, shall be reported to the Auditor-General.

(3)

No law may exclude or authorise the exclusion of a State officer from payment of tax by reason of—

(a)

the office held by that State officer; or

(b)

the nature of the work of the State officer.

211.
Borrowing by national government
(1)

Parliament may, by legislation—

(a)

prescribe the terms on which the national government may borrow; and

(b)

impose reporting requirements.

(2)

Within seven days after either House of Parliament so requests by resolution, the Cabinet Secretary responsible for finance shall present to the relevant committee, information concerning any particular loan or guarantee, including all information necessary to show—

(a)

the extent of the total indebtedness by way of principal and accumulated interest;

(b)

the use made or to be made of the proceeds of the loan;

(c)

the provision made for servicing or repayment of the loan; and

(d)

the progress made in the repayment of the loan.

212.
Borrowing by counties

A county government may borrow only—

(a)

if the national government guarantees the loan; and

(b)

with the approval of the county government’s assembly.

213.
Loan guarantees by national government
(1)

An Act of Parliament shall prescribe terms and conditions under which the national government may guarantee loans.

(2)

Within two months after the end of each financial year, the national government shall publish a report on the guarantees that it gave during that year.

214.
Public debt
(1)

The public debt is a charge on the Consolidated Fund, but an Act of Parliament may provide for charging all or part of the public debt to other public funds.

(2)

For the purposes of this Article, “the public debt” means all financial obligations attendant to loans raised or guaranteed and securities issued or guaranteed by the national government.

PART 4 – REVENUE ALLOCATION
215.
Commission on Revenue Allocation
(1)

There is established the Commission on Revenue Allocation.

(2)

The Commission shall consist of the following persons appointed by the President—

(a)

a chairperson, who shall be nominated by the President and approved by the National Assembly;

(b)

two persons nominated by the political parties represented in the National Assembly according to their proportion of members in the Assembly;

(c)

five persons nominated by the political parties represented in the Senate according to their proportion of members in the Senate; and

(d)

the Principal Secretary in the Ministry responsible for finance.

(3)

The persons nominated under clause (2) shall not be members of Parliament.

(4)

To be qualified to be a member of the Commission under clause (2)(a), (b) or (c), a person shall have extensive professional experience in financial and economic matters.

216.
Functions of the Commission on Revenue Allocation
(1)

The principal function of the Commission on Revenue Allocation is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government—

(a)

between the national and county governments; and

(b)

among the county governments.

(2)

The Commission shall also make recommendations on other matters concerning the financing of, and financial management by, county governments, as required by this Constitution and national legislation.

(3)

In formulating recommendations, the Commission shall seek—

(a)

to promote and give effect to the criteria set out in Article 203(1);

(b)

when appropriate, to define and enhance the revenue sources of the national and county governments; and

(c)

to encourage fiscal responsibility.

(4)

The Commission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalised areas for purposes of Article 204(2).

(5)

The Commission shall submit its recommendations to the Senate, the National Assembly, the national executive, county assemblies and county executives.

217.
Division of revenue
(1)

Once every five years, the Senate shall, by resolution, determine the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government.

(2)

In determining the basis of revenue sharing under clause (1), the Senate shall—

(a)

take the criteria in Article 203(1) into account;

(b)

request and consider recommendations from the Commission on Revenue Allocation;

(c)

consult the county governors, the Cabinet Secretary responsible for finance and any organisation of county governments; and

(d)

invite the public, including professional bodies, to make submissions to it on the matter.

(3)

Within ten days after the Senate adopts a resolution under clause (1), the Speaker of the Senate shall refer the resolution to the Speaker of the National Assembly.

(4)

Within sixty days after the Senate’s resolution is referred under clause (3), the National Assembly may consider the resolution, and vote to approve it, with or without amendments, or to reject it.

(5)

If the National Assembly—

(a)

does not vote on the resolution within sixty days, the resolution shall be regarded as having been approved by the National Assembly without amendment; or

(b)

votes on the resolution, the resolution shall have been—

(i) amended only if at least two-thirds of the members of the Assembly vote in support of an amendment;
(ii) rejected only if at least two-thirds of the members of the Assembly vote against it, irrespective whether it has first been amended by the Assembly; or
(iii) approved, in any other case.
(6)

If the National Assembly approves an amended version of the resolution, or rejects the resolution, the Senate, at its option, may either—

(a)

adopt a new resolution under clause (1), in which case the provisions of this clause and clauses (4) and (5) apply afresh; or

(b)

request that the matter be referred to a joint committee of the two Houses of Parliament for mediation under Article 113, applied with the necessary modifications.

(7)

A resolution under this Article that is approved under clause (5) shall be binding until a subsequent resolution has been approved.

(8)

Despite clause (1), the Senate may, by resolution supported by at least two-thirds of its members, amend a resolution at any time after it has been approved.

(9)

Clauses (2) to (8), with the necessary modifications, apply to a resolution under clause (8).

218.
Annual Division and Allocation of Revenue Bills
(1)

At least two months before the end of each financial year, there shall be introduced in Parliament—

(a)

a Division of Revenue Bill, which shall divide revenue raised by the national government among the national and county levels of government in accordance with this Constitution; and

(b)

a County Allocation of Revenue Bill, which shall divide among the counties the revenue allocated to the county level of government on the basis determined in accordance with the resolution in force under Article 217.

(2)

Each Bill required by clause (1) shall be accompanied by a memorandum setting out—

(a)

an explanation of revenue allocation as proposed by the Bill;

(b)

an evaluation of the Bill in relation to the criteria set out in Article 203(1); and

(c)

a summary of any significant deviation from the Commission on Revenue Allocation’s recommendations, with an explanation for each such deviation.

219.
Transfer of equitable share

A county’s share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article 225.

PART 5 – BUDGETS AND SPENDING
220.
Form, content and timing of budgets
(1)

Budgets of the national and county governments shall contain—

(a)

estimates of revenue and expenditure, differentiating between recurrent and development expenditure;

(b)

proposals for financing any anticipated deficit for the period to which they apply; and

(c)

proposals regarding borrowing and other forms of public liability that will increase public debt during the following year.

(2)

National legislation shall prescribe—

(a)

the structure of the development plans and budgets of counties;

(b)

when the plans and budgets of the counties shall be tabled in the county assemblies; and

(c)

the form and manner of consultation between the national government and county governments in the process of preparing plans and budgets.

221.
Budget estimates and annual Appropriation Bill
(1)

At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly.

(2)

The estimates referred to in clause (1) shall—

(a)

include estimates for expenditure from the Equalisation Fund; and

(b)

be in the form, and according to the procedure, prescribed by an Act of Parliament.

(3)

The National Assembly shall consider the estimates submitted under clause (1) together with the estimates submitted by the Parliamentary Service Commission and the Chief Registrar of the Judiciary under Articles 127 and 173 respectively.

(4)

Before the National Assembly considers the estimates of revenue and expenditure, a committee of the Assembly shall discuss and review the estimates and make recommendations to the Assembly.

(5)

In discussing and reviewing the estimates, the committee shall seek representations from the public and the recommendations shall be taken into account when the committee makes its recommendations to the National Assembly.

(6)

When the estimates of national government expenditure, and the estimates of expenditure for the Judiciary and Parliament have been approved by the National Assembly, they shall be included in an Appropriation Bill, which shall be introduced into the National Assembly to authorise the withdrawal from the Consolidated Fund of the money needed for the expenditure, and for the appropriation of that money for the purposes mentioned in the Bill.

(7)

The Appropriation Bill mentioned in clause (6) shall not include expenditures that are charged on the Consolidated Fund by this Constitution or an Act of Parliament.

222.
Expenditure before annual budget is passed
(1)

If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the National Assembly may authorise the withdrawal of money from the Consolidated Fund.

(2)

Money withdrawn under clause (1) shall—

(a)

be for the purpose of meeting expenditure necessary to carry on the services of the national government during that year until such time as the Appropriation Act is assented to;

(b)

not exceed in total one-half of the amount included in the estimates of expenditure for that year that have been tabled in the National Assembly; and

(c)

be included, under separate votes for the several services in respect of which they were withdrawn, in the Appropriation Act.

223.
Supplementary appropriation
(1)

Subject to clauses (2) to (4), the national government may spend money that has not been appropriated if—

(a)

the amount appropriated for any purpose under the Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act; or

(b)

money has been withdrawn from the Contingencies Fund.

(2)

The approval of Parliament for any spending under this Article shall be sought within two months after the first withdrawal of the money, subject to clause (3).

(3)

If Parliament is not sitting during the time contemplated in clause (2), or is sitting but adjourns before the approval has been sought, the approval shall be sought within two weeks after it next sits.

(4)

When the National Assembly has approved spending under clause (2), an appropriation Bill shall be introduced for the appropriation of the money spent.

(5)

In any particular financial year, the national government may not spend under this Article more than ten per cent of the sum appropriated by Parliament for that financial year unless, in special circumstances, Parliament has approved a higher percentage.

224.
County appropriation Bills

On the basis of the Division of Revenue Bill passed by Parliament under Article 218, each county government shall prepare and adopt its own annual budget and appropriation Bill in the form, and according to the procedure, prescribed in an Act of Parliament.

PART 6 – CONTROL OF PUBLIC MONEY
225.
Financial control
(1)

An Act of Parliament shall provide for the establishment, functions and responsibilities of the national Treasury.

(2)

Parliament shall enact legislation to ensure both expenditure control and transparency in all governments and establish mechanisms to ensure their implementation.

(3)

Legislation under clause (2) may authorise the Cabinet Secretary responsible for finance to stop the transfer of funds to a State organ or any other public entity—

(a)

only for a serious material breach or persistent material breaches of the measures established under that legislation; and

(b)

subject to the requirements of clauses (4) to (7).

(4)

A decision to stop the transfer of funds under clause (3) may not stop the transfer of more than fifty per cent of funds due to a county government.

(5)

A decision to stop the transfer of funds as contemplated in clause (3)—

(a)

shall not stop the transfer of funds for more than sixty days; and

(b)

may be enforced immediately, but will lapse retrospectively unless, within thirty days after the date of the decision, Parliament approves it by resolution passed by both Houses.

(6)

Parliament may renew a decision to stop the transfer of funds but for no more than sixty days at a time.

(7)

Parliament may not approve or renew a decision to stop the transfer of funds unless—

(a)

the Controller of Budget has presented a report on the matter to Parliament; and

(b)

the public entity has been given an opportunity to answer the allegations against it, and to state its case, before the relevant parliamentary committee.

226.
Accounts and audit of public entities
(1)

An Act of Parliament shall provide for—

(a)

the keeping of financial records and the auditing of accounts of all governments and other public entities, and prescribe other measures for securing efficient and transparent fiscal management; and

(b)

the designation of an accounting officer in every public entity at the national and county level of government.

(2)

The accounting officer of a national public entity is accountable to the National Assembly for its financial management, and the accounting officer of a county public entity is accountable to the county assembly for its financial management.

(3)

Subject to clause (4), the accounts of all governments and State organs shall be audited by the Auditor-General.

(4)

The accounts of the office of the Auditor-General shall be audited and reported on by a professionally qualified accountant appointed by the National Assembly.

(5)

If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not.

227.
Procurement of public goods and services
(1)

When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.

(2)

An Act of Parliament shall prescribe a framework within which policies relating to procurement and asset disposal shall be implemented and may provide for all or any of the following—

(a)

categories of preference in the allocation of contracts;

(b)

the protection or advancement of persons, categories of persons or groups previously disadvantaged by unfair competition or discrimination;

(c)

sanctions against contractors that have not performed according to professionally regulated procedures, contractual agreements or legislation; and

(d)

sanctions against persons who have defaulted on their tax obligations, or have been guilty of corrupt practices or serious violations of fair employment laws and practices.

PART 7 – FINANCIAL OFFICERS AND INSTITUTIONS
228.
Controller of Budget
(1)

There shall be a Controller of Budget who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(2)

To be qualified to be the Controller, a person shall have extensive knowledge of public finance or at least ten years experience in auditing public finance management.

(3)

The Controller shall, subject to Article 251, hold office for a term of eight years and shall not be eligible for re-appointment.

(4)

The Controller of Budget shall oversee the implementation of the budgets of the national and county governments by authorising withdrawals from public funds under Articles 204, 206 and 207.

(5)

The Controller shall not approve any withdrawal from a public fund unless satisfied that the withdrawal is authorised by law.

(6)

Every four months, the Controller shall submit to each House of Parliament a report on the implementation of the budgets of the national and county governments.

229.
Auditor-General
(1)

There shall be an Auditor-General who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(2)

To be qualified to be the Auditor-General, a person shall have extensive knowledge of public finance or at least ten years experience in auditing or public finance management.

(3)

The Auditor-General holds office, subject to Article 251, for a term of eight years and shall not be eligible for re-appointment.

(4)

Within six months after the end of each financial year, the Auditor-General shall audit and report, in respect of that financial year, on—

(a)

the accounts of the national and county governments;

(b)

the accounts of all funds and authorities of the national and county governments;

(c)

the accounts of all courts;

(d)

the accounts of every commission and independent office established by this Constitution;

(e)

the accounts of the National Assembly, the Senate and the county assemblies;

(f)

the accounts of political parties funded from public funds;

(g)

the public debt; and

(h)

the accounts of any other entity that legislation requires the Auditor-General to audit.

(5)

The Auditor-General may audit and report on the accounts of any entity that is funded from public funds.

(6)

An audit report shall confirm whether or not public money has been applied lawfully and in an effective way.

(7)

Audit reports shall be submitted to Parliament or the relevant county assembly.

(8)

Within three months after receiving an audit report, Parliament or the county assembly shall debate and consider the report and take appropriate action.

230.
Salaries and Remuneration Commission
(1)

There is established the Salaries and Remuneration Commission.

(2)

The Salaries and Remuneration Commission consists of the following persons appointed by the President—

(a)

a chairperson;

(b)

one person each nominated by the following bodies from among persons who are not members or employees of those bodies—

(i) the Parliamentary Service Commission;
(ii) the Public Service Commission;
(iii) the Judicial Service Commission;
(iv) the Teachers Service Commission;
(v) the National Police Service Commission;
(vi) the Defence Council; and
(vii) the Senate, on behalf of the county governments;
(c)

one person each nominated by—

(i) an umbrella body representing trade unions;
(ii) an umbrella body representing employers; and
(iii) a joint forum of professional bodies as provided by legislation;
(d)

one person each nominated by—

(i) the Cabinet Secretary responsible for finance; and
(ii) the Attorney-General; and
(e)

one person who has experience in the management of human resources in the public service, nominated by the Cabinet Secretary responsible for public service.

(3)

The Commissioners under clause (1)(d) and (e) shall have no vote.

(4)

The powers and functions of the Salaries and Remuneration Commission shall be to—

(a)

set and regularly review the remuneration and benefits of all State officers; and

(b)

advise the national and county governments on the remuneration and benefits of all other public officers.

(5)

In performing its functions, the Commission shall take the following principles into account—

(a)

the need to ensure that the total public compensation bill is fiscally sustainable;

(b)

the need to ensure that the public services are able to attract and retain the skills required to execute their functions;

(c)

the need to recognise productivity and performance; and

(d)

transparency and fairness.

231.
Central Bank of Kenya
(1)

There is established the Central Bank of Kenya.

(2)

The Central Bank of Kenya shall be responsible for formulating monetary policy, promoting price stability, issuing currency and performing other functions conferred on it by an Act of Parliament.

(3)

The Central Bank of Kenya shall not be under the direction or control of any person or authority in the exercise of its powers or in the performance of its functions.

(4)

Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya but shall not bear the portrait of any individual.

(5)

An Act of Parliament shall provide for the composition, powers, functions and operations of the Central Bank of Kenya.

CHAPTER THIRTEEN – THE PUBLIC SERVICE
PART 1 – VALUES AND PRINCIPLES OF PUBLIC SERVICE
232.
Values and principles of public service
(1)

The values and principles of public service include—

(a)

high standards of professional ethics;

(b)

efficient, effective and economic use of resources;

(c)

responsive, prompt, effective, impartial and equitable provision of services;

(d)

involvement of the people in the process of policy making;

(e)

accountability for administrative acts;

(f)

transparency and provision to the public of timely, accurate information;

(g)

subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions;

(h)

representation of Kenya’s diverse communities; and

(i)

affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of—

(i) men and women;
(ii) the members of all ethnic groups; and
(iii) persons with disabilities.
(2)

The values and principles of public service apply to public service in—

(a)

all State organs in both levels of government; and

(b)

all State corporations.

(3)

Parliament shall enact legislation to give full effect to this Article.

PART 2 – THE PUBLIC SERVICE COMMISSION
233.
The Public Service Commission
(1)

There is established the Public Service Commission.

(2)

The Public Service Commission consists of a chairperson, a vice chairperson and seven other members appointed by the President with the approval of the National Assembly.

(3)

Subject to clause (4), a person is not eligible for appointment as a member of the Commission if the person–—

(a)

has, at any time within the preceding five years, held office, or stood for election as—

(i) a member of Parliament or of a county assembly; or
(ii) a member of the governing body of a political party; or
(b)

holds any State office;

(c)

is, or has at any time been, a candidate for election as a member of Parliament or of a county assembly; or

(d)

is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of Parliament or of a county assembly.

(4)

Clause (3)(c) and (d) cease to apply to a person after two general elections for Parliament have been held since the person ceased to be such a candidate or office holder.

(5)

There shall be a secretary to the Commission.

(6)

The secretary–—

(a)

is the chief executive of the Commission; and

(b)

shall be appointed by the Commission for a term of five years, and is eligible for re-appointment once.

234.
Functions and powers of the Public Service Commission
(1)

The functions and powers of the Commission are as set out in this Article.

(2)

The Commission shall—

(a)

subject to this Constitution and legislation—

(i) establish and abolish offices in the public service; and
(ii) appoint persons to hold or act in those offices, and to confirm appointments;
(b)

exercise disciplinary control over and remove persons holding or acting in those offices;

(c)

promote the values and principles referred to in Articles 10 and 232 throughout the public service;

(d)

investigate, monitor and evaluate the organisation, administration and personnel practices of the public service;

(e)

ensure that the public service is efficient and effective;

(f)

develop human resources in the public service;

(g)

review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service;

(h)

evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service;

(i)

hear and determine appeals in respect of county governments’ public service; and

(j)

perform any other functions and exercise any other powers conferred by national legislation.

(3)

Clauses (1) and (2) shall not apply to any of the following offices in the public service—

(a)

State offices;

(b)

an office of high commissioner, ambassador or other diplomatic or consular representative of the Republic;

(c)

an office or position subject to—

(i) the Parliamentary Service Commission;
(ii) the Judicial Service Commission;
(iii) the Teachers Service Commission;
(iv) the National Police Service Commission; or
(d)

an office in the service of a county government, except as contemplated in clause (2)(i).

(4)

The Commission shall not appoint a person under clause (2) to hold or act in any office on the personal staff of the President or a retired President, except with the consent of the President or retired President.

(5)

The Commission may delegate, in writing, with or without conditions, any of its functions and powers under this Article to any one or more of its members, or to any officer, body or authority in the public service.

235.
Staffing of county governments
(1)

A county government is responsible, within a framework of uniform norms and standards prescribed by an Act of Parliament, for—

(a)

establishing and abolishing offices in its public service;

(b)

appointing persons to hold or act in those offices, and confirming appointments; and

(c)

exercising disciplinary control over and removing persons holding or acting in those offices.

(2)

Clause (1) shall not apply to any office or position subject to the Teachers Service Commission.

236.
Protection of public officers

A public officer shall not be—

(a)

victimised or discriminated against for having performed the functions of office in accordance with this Constitution or any other law; or

(b)

dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law.

PART 3 – TEACHERS SERVICE COMMISSION
237.
Teachers Service Commission
(1)

There is established the Teachers Service Commission.

(2)

The functions of the Commission are—

(a)

to register trained teachers;

(b)

to recruit and employ registered teachers;

(c)

to assign teachers employed by the Commission for service in any public school or institution;

(d)

to promote and transfer teachers;

(e)

to exercise disciplinary control over teachers; and

(f)

to terminate the employment of teachers.

(3)

The Commission shall—

(a)

review the standards of education and training of persons entering the teaching service;

(b)

review the demand for and the supply of teachers; and

(c)

advise the national government on matters relating to the teaching profession.

CHAPTER FOURTEEN – NATIONAL SECURITY
PART 1 – NATIONAL SECURITY ORGANS
238.
Principles of national security
(1)

National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.

(2)

The national security of Kenya shall be promoted and guaranteed in accordance with the following principles—

(a)

national security is subject to the authority of this Constitution and Parliament;

(b)

national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms;

(c)

in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya; and

(d)

recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions.

239.
National security organs
(1)

The national security organs are—

(a)

the Kenya Defence Forces;

(b)

the National Intelligence Service; and

(c)

the National Police Service.

(2)

The primary object of the national security organs and security system is to promote and guarantee national security in accordance with the principles mentioned in Article 238(2).

(3)

In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not—

(a)

act in a partisan manner;

(b)

further any interest of a political party or cause; or

(c)

prejudice a political interest or political cause that is legitimate under this Constitution.

(4)

A person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament.

(5)

The national security organs are subordinate to civilian authority.