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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

  • 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

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 and Political Parties

  • 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

9. Chapter Eight: The Legislature

  • Article 93: Establishment of Parliament

  • Article 94: Role of Parliament

  • Article 95: Role of the National Assembly

  • Article 96: Role of the Senate

  • Article 97-98: Membership of the National Assembly and Senate

  • Article 99: Qualifications and Disqualifications for Election as Member of Parliament

  • Article 100: Promotion of Representation of Marginalized Groups

  • Article 101-116: Procedures and Powers of Parliament

10. Chapter Nine: The Executive

  • Article 129: Principles of Executive Authority

  • Article 130: The National Executive

  • Article 131: Authority of the President

  • Article 132: Functions of the President

  • Article 133: Power of Mercy

  • Article 134: Exercise of Presidential Powers during Temporary Incapacity

  • Article 135: Decisions of the President

  • Article 136: Election of the President

  • Article 137: Qualifications and Disqualifications for Election as President

  • Article 138: Procedure at Presidential Election

  • Article 139-144: Other Provisions on the Presidency

11. Chapter Ten: The Judiciary

  • Article 159: Judicial Authority

  • Article 160: Independence of the Judiciary

  • Article 161: Judicial Offices and Officers

  • Article 162: System of Courts

  • Article 163: Supreme Court

  • Article 164: Court of Appeal

  • Article 165: High Court

  • Article 166: Appointment of Judges

  • Article 167: Tenure of Office of the Chief Justice and Other Judges

  • Article 168: Removal from Office

  • Article 169: Subordinate Courts

12. Chapter Eleven: Devolved Government

  • Article 174: Objects of Devolution

  • Article 175: Principles of Devolved Government

  • Article 176: County Governments

  • Article 177: Membership of County Assembly

  • Article 178: Speaker of a County Assembly

  • Article 179: County Executive Committees

  • Article 180: Election of County Governor and Deputy County Governor

  • Article 181: Removal of a County Governor

  • Article 182: Vacancy in the Office of County Governor

  • Article 183: Functions of County Executive Committees

  • Article 184: Urban Areas and Cities

  • Article 185: Legislative Authority of County Assemblies

  • Article 186: Respective Functions and Powers of National and County Governments

  • Article 187: Transfer of Functions and Powers between Levels of Government

  • Article 188: Boundaries of Counties

  • Article 189: Cooperation between National and County Governments

  • Article 190: Support for County Governments

  • Article 191: Conflict of Laws

13. Chapter Twelve: Public Finance

  • Article 201: Principles of Public Finance

  • Article 202: Equitable Sharing of National Revenue

  • Article 203: Equitable Share and Other Financial Laws

  • Article 204: Equalization Fund

  • Article 205: Consultation on Financial Legislation Affecting Counties

  • Article 206: Consolidated Fund and Other Public Funds

  • Article 207: Revenue Funds for County Governments

  • Article 208: Contingencies Fund

  • Article 209: Power to Impose Taxes and Charges

  • Article 210: Imposition of Tax

  • Article 211: Borrowing by National Government

  • Article 212: Borrowing by County Governments

  • Article 213: Loan Guarantees by National Government

  • Article 214: Public Debt

  • Article 215: Establishment of the Commission on Revenue Allocation

  • Article 216: Functions of the Commission on Revenue Allocation

  • Article 217: Division of Revenue

  • Article 218: Annual Division and Allocation of Revenue Bills

  • Article 219: Transfer of Equitable Share

  • Article 220: Budgets and Budgetary Process

  • Article 221: Budget Estimates and Annual Appropriation Bill

  • Article 222: Appropriation before Budget is Passed

  • Article 223: Supplementary Appropriation

  • Article 224: County Appropriation Bills

  • Article 225: Financial Control

  • Article 226: Accounts and Audit of Public Entities

  • Article 227: Procurement of Public Goods and Services

  • Article 228: Controller of Budget

  • Article 229: Auditor-General

  • Article 230: Salaries and Remuneration Commission

14. Chapter Thirteen: The Public Service

  • Article 232: Values and Principles of Public Service

  • Article 233: The Public Service Commission

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

  • Article 235: Staffing of County Governments

  • Article 236: Protection of Public Officers

15. Chapter Fourteen: National Security

  • Article 238: Principles of National Security

  • Article 239: National Security Organs

  • Article 240: Establishment of the National Security Council

  • Article 241: Establishment of Defence Forces and Defence Council

  • Article 242: Establishment of the National Intelligence Service

  • Article 243: Establishment of the National Police Service

  • Article 244: Objects and Functions of the National Police Service

  • Article 245: Command of the National Police Service

  • Article 246: National Police Service Commission

  • Article 247: Other Police Services

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 this 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

  • Article 261: Transitional and Consequential Provisions

19. Chapter Eighteen: Transitional and Consequential Provisions

  • Article 262: Transitional and Consequential Provisions

  • Sixth Schedule: Transitional and Consequential Provisions

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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