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Ask a lawyer:
tell me about the sections in the constitution

To provide a comprehensive overview of the sections in the Constitution of Kenya, I will refer to the Constitution of Kenya, 2010. The Constitution is divided into various chapters, each addressing different aspects of governance, rights, and responsibilities. Here is a detailed breakdown:

1. Preamble

  • Preamble: This section sets the stage for the Constitution, expressing the people's sovereignty and the aspirations for a just, democratic, and prosperous nation.

2. Chapter One: Sovereignty of the People and Supremacy of this Constitution

  • Article 1: Sovereignty of the People

  • Article 2: Supremacy of this Constitution

  • Article 3: Defence of this Constitution

3. Chapter Two: The Republic

  • Article 4: Declaration of the Republic

  • Article 5: Territory of Kenya

  • Article 6: Devolution and Access to Services

  • Article 7: National, Official, and Other Languages

  • Article 8: State and Religion

  • Article 9: National Symbols and National Days

  • Article 10: National Values and Principles of Governance

4. Chapter Three: Citizenship

  • Article 12: Entitlements of Citizens

  • Article 13: Retention and Acquisition of Citizenship

  • Article 14: Citizenship by Birth

  • Article 15: Citizenship by Registration

  • Article 16: Dual Citizenship

  • Article 17: Revocation of Citizenship

  • Article 18: Legislation on Citizenship

5. Chapter Four: The Bill of Rights

  • Article 19: Rights and Fundamental Freedoms

  • Article 20: Application of the Bill of Rights

  • Article 21: Implementation of Rights and Fundamental Freedoms

  • Article 22: Enforcement of the Bill of Rights

  • Article 23: Authority of Courts to Uphold and Enforce the Bill of Rights

  • Article 24: Limitation of Rights and Fundamental Freedoms

  • Article 25: Fundamental Rights and Freedoms that May Not be Limited

  • Article 26-57: Specific Rights and Freedoms (e.g., Right to Life, Equality and Freedom from Discrimination, Human Dignity, Freedom and Security of the Person, etc.)

6. Chapter Five: Land and Environment

  • Part 1: Land

    • Article 60: Principles of Land Policy

    • Article 61: Classification of Land

    • Article 62: Public Land

    • Article 63: Community Land

    • Article 64: Private Land

    • Article 65: Landholding by Non-Citizens

    • Article 66: Regulation of Land Use and Property

    • Article 67: National Land Commission

    • Article 68: Legislation on Land

  • Part 2: Environment and Natural Resources

    • Article 69: Obligations in Respect of the Environment

    • Article 70: Enforcement of Environmental Rights

    • Article 71: Agreements Relating to Natural Resources

    • Article 72: Legislation Relating to the Environment

7. Chapter Six: Leadership and Integrity

  • Article 73: Responsibilities of Leadership

  • Article 74: Oath of Office of State Officers

  • Article 75: Conduct of State Officers

  • Article 76: Financial Probity of State Officers

  • Article 77: Restriction on Activities of State Officers

  • Article 78: Citizenship and Leadership

  • Article 79: Legislation to Establish the Ethics and Anti-Corruption Commission

  • Article 80: Legislation on Leadership

8. Chapter Seven: Representation of the People

  • Article 81: General Principles for the Electoral System

  • Article 82: Legislation on Elections

  • Article 83: Registration as a Voter

  • Article 84: Candidates for Election

  • Article 85: Eligibility to Stand as an Independent Candidate

  • Article 86: Voting

  • Article 87: Electoral Disputes

  • Article 88: Independent Electoral and Boundaries Commission

  • Article 89: Delimitation of Electoral Units

  • Article 90: Allocation of Party List Seats

  • Article 91: Political Parties

  • Article 92: Legislation on Political Parties

9. Chapter Eight: The Legislature

  • Part 1: Establishment and Role of Parliament

    • Article 93: Establishment of Parliament

    • Article 94: Role of Parliament

  • Part 2: Composition and Membership of Parliament

    • Article 95: The National Assembly

    • Article 96: The Senate

    • Article 97-106: Membership and Election of Members of Parliament

  • Part 3: Offices of Parliament

    • Article 107: Speakers and Deputy Speakers of Parliament

    • Article 108: Party Leaders

  • Part 4: Procedures for Enacting Legislation

    • Article 109: Exercise of Legislative Powers

    • Article 110-116: Legislative Process

  • Part 5: Parliament’s General Procedures and Rules

    • Article 117-122: Procedures and Privileges

  • Part 6: Miscellaneous

    • Article 123-126: Miscellaneous Provisions

10. Chapter Nine: The Executive

  • Part 1: Principles and Structure of the National Executive

    • Article 129: Principles of Executive Authority

    • Article 130: The National Executive

  • Part 2: The President and Deputy President

    • Article 131: Authority of the President

    • Article 132-143: Functions and Powers of the President and Deputy President

  • Part 3: The Cabinet

    • Article 152: The Cabinet

    • Article 153-155: Responsibilities and Functions of the Cabinet

  • Part 4: Other Offices

    • Article 156: Attorney-General

    • Article 157: Director of Public Prosecutions

    • Article 158: Removal and Resignation of the Director of Public Prosecutions

11. Chapter Ten: The Judiciary

  • Part 1: Judicial Authority and Legal System

    • Article 159: Judicial Authority

    • Article 160: Independence of the Judiciary

  • Part 2: Superior Courts

    • Article 161: System of Courts

    • Article 162-165: Superior Courts (Supreme Court, Court of Appeal, High Court)

  • Part 3: Subordinate Courts

    • Article 169: Subordinate Courts

  • Part 4: Judicial Offices and Officers

    • Article 171: Judicial Service Commission

    • Article 172-173: Functions and Powers of the Judicial Service Commission

12. Chapter Eleven: Devolved Government

  • Part 1: Objects and Principles of Devolved Government

    • Article 174: Objects of Devolution

    • Article 175: Principles of Devolved Government

  • Part 2: County Governments

    • Article 176: County Governments

    • Article 177-178: County Assemblies and Executives

  • Part 3: Functions and Powers of County Governments

    • Article 186: Respective Functions and Powers

    • Article 187: Transfer of Functions and Powers

  • Part 4: The Boundaries of Counties

    • Article 188: Boundaries of Counties

  • Part 5: Relationships Between Governments

    • Article 189: Cooperation Between National and County Governments

  • Part 6: Suspension of County Governments

    • Article 192: Suspension of a County Government

  • Part 7: General Provisions

    • Article 193-200: Miscellaneous Provisions

13. Chapter Twelve: Public Finance

  • Part 1: Principles and Framework of Public Finance

    • Article 201: Principles of Public Finance

    • Article 202-203: Equitable Sharing of Revenue

  • Part 2: Equitable Share and Other Financial Laws

    • Article 204: Equalization Fund

    • Article 205-207: Revenue Funds

  • Part 3: Revenue-Raising Powers and the Public Debt

    • Article 209: Power to Impose Taxes and Charges

    • Article 210: Imposition of Tax

  • Part 4: Revenue Allocation

    • Article 211-212: Borrowing by National and County Governments

  • Part 5: Budgets and Spending

    • Article 221-223: Budget Process

  • Part 6: Control of Public Money

    • Article 225: Financial Control

  • Part 7: Financial Officers and Institutions

    • Article 226-229: Auditor-General and Controller of Budget

14. Chapter Thirteen: The Public Service

  • Part 1: Values and Principles of Public Service

    • Article 232: Values and Principles of Public Service

  • Part 2: The Public Service Commission

    • Article 233: The Public Service Commission

    • Article 234-236: Functions and Powers of the Public Service Commission

15. Chapter Fourteen: National Security

  • Part 1: National Security Organs

    • Article 239: National Security Organs

  • Part 2: The Kenya Defence Forces

    • Article 241: Establishment of the Defence Forces

  • Part 3: The National Intelligence Service

    • Article 242: Establishment of the National Intelligence Service

  • Part 4: The National Police Service

    • Article 243: Establishment of the National Police Service

    • Article 244-245: Functions and Powers of the National Police Service

16. Chapter Fifteen: Commissions and Independent Offices

  • Article 248: Application of Chapter

  • Article 249: Objects, Authority, and Funding of Commissions and Independent Offices

  • Article 250: Composition, Appointment, and Terms of Office

  • Article 251: Removal from Office

  • Article 252: General Functions and Powers

  • Article 253: Incorporation of Commissions and Independent Offices

17. Chapter Sixteen: Amendment of this Constitution

  • Article 255: Amendment of the Constitution

  • Article 256: Amendment by Parliamentary Initiative

  • Article 257: Amendment by Popular Initiative

18. Chapter Seventeen: General Provisions

  • Article 259: Construing this Constitution

  • Article 260: Interpretation

19. Chapter Eighteen: Transitional and Consequential Provisions

  • Article 261: Transitional and Consequential Provisions

  • Schedules: First to Sixth Schedules

This detailed breakdown provides an overview of the sections within the Constitution of Kenya, 2010. Each chapter and article addresses specific aspects of governance, rights, and responsibilities, ensuring a comprehensive legal framework for the country.

Sources:

  • Constitution of Kenya, 2010

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