Part 1 - Composition of Parliament
SECTION 30. Legislative power.
The legislative power of the Republic shall vest in the Parliament of Kenya, which shall consist of the President and the National Assembly.
SECTION 33. Nominated members.
(1) Subject to this section, there shall be twelve nominated members of the National Assembly appointed by the President following a general election, to represent special interests.
(2) The persons to be appointed shall be persons who, if they had been nominated for a parliamentary election, would be qualified to be elected as members of the National Assembly.
(3) The persons to be appointed shall be nominated by the parliamentary parties according to the proportion of every parliamentary party in the National Assembly, taking into account the principle of gender equality.
(4) The proportions under subsection (3) shall be determined by the Electoral Commission after every general election and shall be signified by the chairman of the Commission to the leaders of the concerned parliamentary parties, the President and the Speaker.
(5) The names of the nominees of parliamentary parties shall be forwarded to the President through the Electoral Commission who shall ensure observance of the principle of gender equality in the nominations.
SECTION 32. Election of elected members.
(1) Kenya shall be divided into constituencies in accordance with section 42, and each constituency shall elect one elected member to the National Assembly in such manner as, subject to this Constitution, may be prescribed by or under any law.
(2) Every person who is registered in a constituency as a voter in elections of elected members shall, unless he is detained in lawful custody, or is disqualified by law from voting in those elections on the ground of his having been convicted of an offence connected with elections or on the ground of his having been reported guilty of such an offence by the court trying an election petition, be entitled so to vote in that constituency in accordance with the law; and no other person may so vote.
(3) (Repealed by 6 of 1992, s. 7).
SECTION 34. Qualifications for election.
Subject to section 35, a person shall be qualified to be elected as a member of the National Assembly if, and shall not be qualified unless, at the date of his nomination for election--
(a) he is a citizen of Kenya who has attained the age of twenty-one years; and
(b) he is registered in some constituency as a voter in elections to the National Assembly; and
(c) he is able to speak and, unless incapacitated by blindness or other physical cause, to read the Swahili and English languages well enough to take an active part in the proceedings of the National Assembly; and
(d) he is nominated by a political party in the manner prescribed by or under an Act of Parliament.
SECTION 35. Disqualifications for election.
(1) Subject to any order made under subsection (6), a person shall not be qualified to be elected as an elected member if, at the date of his nomination for election, he -
(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign state; or
(b) is under sentence of death imposed on him by a court in Kenya, or is under sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or
(c) is, under any law in force in Kenya, adjudged to be of unsound mind; or
(d) is an undischarged bankrupt, having been adjudged bankrupt under any law in force in Kenya; or
(e) subject to such exceptions and limitations as may be prescribed by Parliament, has an interest in a class or description of contract made with the Government of Kenya as may be prescribed by Parliament; or
(f) holds or is acting in any office in the public service (including the office of judge or member of a court of law or an office to which section 69 applies), in the armed forces of the Republic or in a local government authority.
(2) For the purpose of subsection (1) (b) -
(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, and if any one of those sentences exceeds that term they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(3) Parliament may provide that a person who, at the date of his nomination for election, holds or is acting in an office that is prescribed by Parliament and the functions of which involve responsibility for or in connexion with the conduct of an election to the National Assembly or the compilation of a register of voters for the purpose of such an election shall not be qualified to be elected as a member of the National Assembly.
(4) Parliament may provide that a person who is convicted by a court of an offence that is prescribed by Parliament and that is connected with the election of members of the National Assembly or of a local government authority, or who is reported guilty of such an offence by the court trying an election petition, shall not be qualified to be nominated for election as a member of the National Assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.
(5) Parliament may provide that a particular office shall be deemed to be or not to be an office for the purposes of subsection (1) (f).
(6) The Minister for the time being responsible for elections to the National Assembly may, by order published in the Kenya Gazette, provide that a person shall not be qualified to be elected by virtue of holding an office specified in paragraph (f) of subsection (1), or specified for the purposes of that paragraph under subsection (5), which is prescribed in the order, if he holds that office after a date prescribed in the order, which date shall not be more than six months prior to the date of nomination for preliminary elections prescribed under an Act of Parliament:
Provided that no order under this subsection shall be made to operate with retrospective effect.
SECTION 36. Attorney-General to be member of National Assembly.
The Attorney-General shall be an ex officio member of the National Assembly, but he shall not be entitled to vote on any question before the Assembly.
SECTION 37. Speaker of National Assembly.
(1) There shall be a Speaker of the National Assembly, who shall be elected by the Assembly, in accordance with the standing orders, from among persons who are members of the Assembly or are qualified to be elected as such members, other than the President, the Vice-President, Ministers, Assistant Ministers and the Attorney-General.
(2) The Speaker shall vacate his office -
(a) when the National Assembly first meets after a dissolution of Parliament; or
(b) if circumstances arise that, if he were not Speaker, would disqualify him to be elected as such; or
(c) if the National Assembly so resolves, by resolution supported by the votes of not less than seventy-five per cent of all its members (excluding the ex officio members).
(3) No business shall be transacted in the National Assembly (other than an election of the Speaker) at any time when the office of Speaker is vacant, but this subsection shall not prevent the transaction of business by a committee of the Assembly.
(4) The Speaker shall be an ex officio member of the National Assembly, whether or not he is elected from among the members of the Assembly.
SECTION 38. Deputy Speaker of National Assembly.
(1) There shall be a Deputy Speaker of the National Assembly, who shall be elected by the Assembly, in accordance with its standing orders, from among persons who are members of the Assembly other than the President, the Vice-President, Ministers, Assistant Ministers and the Attorney-General.
(2) The National Assembly shall elect a Deputy Speaker--
(a) subject to section 37 (3), when it first meets after a dissolution of Parliament; and
(b) when it first meets after the office of Deputy Speaker has become vacant otherwise than by reason of the dissolution of Parliament, or as soon thereafter as may be convenient.
(3) The Deputy Speaker shall vacate his office -
(a) when the National Assembly first meets after a dissolution of Parliament; or
(b) if he is elected as President or becomes the Vice-President, or a Minister or an Assistant Minister; or
(c) if he ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or
(d) if the National Assembly so resolves, by resolution supported by the votes of not less than seventy-five per cent of all its members (excluding the ex officio members).
SECTION 39. Vacation of seat in National Assembly.
(1) A member of the National Assembly shall vacate his seat if -
(a) he has ceased to be a citizen of Kenya;
(b) (Deleted 12 of 1991, s. 5).
(c) circumstance arise that, if he were not a member of the Assembly, would cause him to be disqualified by section 35 (1) or by any law made in pursuance of section 35 (3) or (4) to be elected as a member; or
(d) without having obtained the permission of the Speaker, he has failed to attend the Assembly on eight consecutive days on which the Assembly was sitting in any session:
Provided that the President may in any case if he thinks fit direct that a member shall not vacate his seat by reason of his failure so to attend the Assembly.
(2) An elected member or a nominated member of the National Assembly shall vacate his seat as such if he is elected as Speaker.
(3) In order to permit a member of the National Assembly who has been sentenced to death or imprisonment, adjudged to be of unsound mind, adjudged bankrupt or convicted or reported guilty of an offence prescribed under section 35 (4) to appeal against the decision in accordance with the law, Parliament may provide that, subject to such conditions as it may prescribe, the decision shall not have effect for the purposes of this section until such time as it may prescribe.
(4) This section shall not apply to the Attorney-General.
SECTION 40. Vacation of seat in National Assembly upon resignation from party.
A member of the National Assembly who, having stood at his election as an elected member with the support of or as a supporter of a political party, or having accepted appointment as a nominated member as a supporter of a political party, either-
(a) resigns from that party at a time when that party is a parliamentary party; or
(b) having, after the dissolution of that party, been a member of another parliamentary party, resigns from that other party at a time when that other party is a parliamentary party, shall vacate his seat forthwith unless in the meantime that party of which he was last a member has ceased to exist as a parliamentary party or he has resigned his seat:
Provided that this subsection shall not apply to any member who is elected as Speaker.
SECTION 41. The Interim Independent Electoral Commission.
(1) There shall be an interim Independent Electoral Commission, which shall consist of a chairman and not more than eight other members.
(2) The Interim Independent Electoral Commission shall be the successor to the Electoral Commission of Kenya established by section 41(now repealed) and subject to this Constitution, all rights, duties, obligations, assets and liabilities of the Electoral Commission of Kenya existing immediately before the commencement of this section shall be automatically and fully transferred to the Interim Independent Electoral Commission and any reference to the Electoral Commission of Kenya shall, for all purposes, be deemed to be a reference to the Interim Independent Electoral Commission established under this section.
(3) The chairman and other members of the Commission shall be nominated through a competitive process by the Parliamentary Select Committee and upon approval by the National Assembly by appointed by the President in consultation with the Prime Minister.
(4) A person shall be qualified to be appointed as a member of the Commission if he –
(a) is a citizen of Kenya;
(b) holds a degree from a University recognized in Kenya; and
(c) is a person of high moral character and integrity.
(5) The chairman of the Commission shall be a person who has held or is qualified to hold the office of judge of the High Court under this Constitution.
(6) A person shall not be qualified to be appointed a member of the Commission if he –
(a) is a member of the National Assembly;
(b) is a member of a local authority;
(c) is a member of the executive body of a political party; or
(d) holds or is acting in any office in the public service or in the armed forces of the Republic.
(7) Subject to this section, the office of a member of the Commission shall become vacant if circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(8) Subject to subsection (9), a member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with this section.
(9) A member of the Commission shall be removed from office if the National Assembly so resolves, by resolution supported by a majority of all its members (excluding the ex-officio members).
(10) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.
(11) Subject to this Constitution and without prejudice to subsection (10), Parliament may provide for the orderly and effective conduct of the operations and business of the Commission and for the powers of the Commission to appoint staff and establish committees and regulate their procedure.
(12) The Commission may, subject to its rules of procedure, act notwithstanding a vacancy in its membership or the absence of a member, and its proceedings shall not be invalidated by the presence or participation of a person not entitled to be present or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
(13) The Commission shall stand dissolved twenty four months after the commencement of this section or three months after the promulgation of a new Constitution, whichever is the earlier.
(14) Notwithstanding the provisions of subsection (2), a person who immediately before the commencement of this section served as a commissioner or was a member of staff of the Electoral Commission of Kenya established by section 41 (now repealed) shall cease to be a commissioner or a member of staff at the commencement of this section:
Provided that a member of staff affected by this subsection shall be eligible for redeployment in the Public Service.
(15) The provisions of subsection (14) shall not apply to the Registrar of Political Parties appointed under the Political Parties Act.
SECTION 41A. Functions of the Interim Independent Electoral Commission.
The Interim Independent Electoral Commission shall be responsible for the –
(a) reform of the electoral process and the management of elections in order to institutionalize free and fair elections;
(b) establishment of an efficient and effective secretariat;
(c) promotion of free and fair elections;
(d) fresh registration of voters and the creation of a new voter register;
(e) efficient conduct and supervision of elections and referenda;
(f) development of a modern system for the collection, collation, transmission and tallying of electoral data;
(g) facilitation of the observation, monitoring and evaluation of elections and referenda;
(h) promotion of voter education and culture of democracy;
(i) settlement of minor electoral disputes during an election as may be provided by law; and
(j) performance of such other functions as may be prescribed by law.
SECTION 41B. Interim Independent Boundaries Review Commission.
(1) There shall be an Interim Independent Boundaries Review Commission, which shall consist of a chairman and not more than eight other members.
(2) The chairman and other members of the Commission shall be nominated through a competitive process by the Parliamentary Select Committee and upon approval by the National Assembly by appointed by the President in consultation with the Prime Minister.
(3) A person shall be qualified to be appointed as a member of the Commission if he –
(a) is a citizen of Kenya;
(b) holds a degree from a University recognized in Kenya;
(c) is a person of high moral character and integrity; and
(d) has knowledge and proven experience in public administration and management of public affairs.
(4) A person shall not qualified to be appointed a member of the Commission if he –
(a) is a member of the National Assembly;
(b) is a member of a local authority;
(c) is a member of the executive body of a political party; or
(d) holds or is acting in any office in the public service or in the armed forces of the Republic.
(5) Subject to this section, the office of a member of the Commission shall become vacant if circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(6) Subject to subsection (7), a member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or from any other case) or for misbehaviour, and shall not be so removed except in accordance with this section.
(7) A member of the Commission shall be removed from office if the National Assembly so resolves, by resolution supported by a majority of all its members (excluding the ex-officio members).
(8) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.
(9) Subject to this Constitution and without prejudice to subsection (8), Parliament may provide for the orderly and effective conduct of the operations and business of the Commission and for the powers of the Commission to appoint staff and establish committees and regulate their procedure.
(10) The Commission may, subject to its rules of procedure, act notwithstanding a vacancy in its membership or the absence of a member, and its proceedings shall not be invalidated by the presence or participation of a person not entitled to be present or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
(11) The Commission shall stand dissolved twenty four months after the commencement of this section or three months after the promulgation of a new Constitution, whichever is the earlier.
SECTION 41C. Functions of the Interim Independent Boundaries Review Commission.
The Interim Independent Boundaries Review Commission shall be responsible for –
(a) making recommendations to Parliament on the delimitation of constituencies and local authority electoral units and the optimal number of constituencies on the basis of equality of votes taking into account –
(i) density of population, and in particular the need to ensure adequate representation of urban and sparsely-populated rural areas;
(ii) population trends;
(iii) means of communication;
(iv) community interest;
(b) making recommendations to Parliament on administrative boundaries, including the fixing, reviewing and variation of boundaries of districts and other units; and
(c) the performance of such other functions as may be prescribed by Parliament.
SECTION 42. Constituencies
(1) Subject to this section, Kenya shall be divided into such number of constituencies having such boundaries and names as may be prescribed by order made by the Interim Independent Boundary Review Commission.
(2) Parliament may prescribe the minimum number of constituencies into which Kenya shall be divided (which shall not be less than 188) or the maximum number of constituencies (which shall exceed the minimum number by at least twenty), and until Parliament has so prescribed the minimum number of constituencies shall be 188 and the maximum shall be 210.
(3) (Repealed).
(4) The Commission shall review the number, the boundaries and the names of the constituencies into which Kenya is divided, and may, by order, alter the number, the boundaries or the names, subject to and in accordance with this section, to the extent that it considers desirable in the light of the review.
(5) (Repealed).
(6) Every order made by the Commission under this section shall be published in the Kenya Gazette and shall come into effect upon the next dissolution of Parliament after it is made.
SECTION 42A. Conduct of elections. (Repealed)
(Repealed by 10 of 2008, s. 4)
SECTION 43. Qualifications and disqualifications for registration as a voter.
(1) Subject to subsection (2), a person shall be qualified to be registered as a voter in elections to the National Assembly and in elections of a President if, and shall not be qualified unless, at the date of his application to be registered, he -
(a) is a citizen of Kenya who has attained the age of eighteen years; and
(b) has been ordinarily resident in Kenya either -
(i) for a period of not less than one year immediately preceding that date, or
(ii) for a period of, or periods amounting in the aggregate to, not less than four years in the eight years immediately preceding that date; and
(c) has, for a period of, or periods amounting in the aggregate to, not less than five months in the twelve months immediately preceding that date, been ordinarily resident in the constituency in which he applies to be registered, or has for such a period or periods carried on business there, or has for such a period or periods been employed there or has for such a period or periods lawfully possessed land or residential buildings there.
(2) No person shall be qualified to be registered as a voter in elections to which this section applies -
(a) if, under any law in force in Kenya, he is adjudged or otherwise declared to be of unsound mind; or
(b) if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under a law in force in Kenya; or
(c) if he is detained in lawful custody; or
(d) if he is disqualified therefrom by Act of Parliament on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of the offence by the court trying an election petition.
(3) A question whether a person is qualified to be registered as a voter in elections to which this section applies shall be determined in such manner as may be prescribed by Parliament.
(4) Where a person is qualified to be registered in more than one place as a voter in elections to which this section applies, he shall be so registered only in the first of those places in which he applies to be so registered, and Parliament may provide for the punishment of a person who, being already registered in one place as a voter in the elections or having applied to be so registered there and not having had that application finally rejected, applies to be registered in another place as a voter.
(5) Parliament may, in order to permit a person who has been adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted of an offence referred to in subsection (2) (d) to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by Parliament, the decision shall not have effect for the purposes of subsection (2) until such time as may be so prescribed.
SECTION 44. Determination of questions as to membership of National Assembly.
(1) The High Court shall have jurisdiction to hear and determine any question whether -
(a) a person has been validly elected as a member of the National Assembly; or
(b) the seat in the National Assembly of a member thereof has become vacant.
(2) An application to the High Court for the determination of a question under subsection (1) (a) may be made by any person who was entitled to vote in the election to which the application relates, or by the Attorney-General.
(3) An application to the High Court for the determination of a question under subsection (1) (b) may be made -
(a) where the Speaker has declared that the seat in the National Assembly of a member has by reason of a provision of this Constitution become vacant, by that member; or
(b) in any other case, by a person who is registered as a voter in elections of elected members of the Assembly, or by the Attorney-General.
(4) Parliament may make provision with respect to -
(a) the circumstances and manner in which, the time within which and the conditions upon which an application may be made to the High Court for the determination of a question under this section; and
(b) the powers, practice and procedure of the High Court in relation to the application.
(5) (Repealed by 9 of 1997, s. 8)
Part 1A - The Parliamentary Service and the Parliamentary Service Commission
SECTION 45A. Parliamentary Service.
(1) There shall be a service to be known as the parliamentary service.
(2) There shall be a Clerk of the National Assembly and such other officers and staff as may be appointed for the purposes of the National Assembly in accordance with section 45B.
(3) The offices of the Clerk of the National Assembly and the officers and other staff provided for under subsection (2) shall be offices in the parliamentary service.
SECTION 45B. Parliamentary Service Commission.
(1) There shall be a Parliamentary Service Commission which shall consist of -
(a) the speaker of the National Assembly who shall be the chairman;
(b) a vice-chairman elected by the Commission from amongst the members appointed under paragraph (e) of this subsection;
(c) the leader of Government business in the National Assembly or a member of the Assembly deputed by him;
(d) the leader of the opposition party with the highest number of seats in the National Assembly or a member of the Assembly deputed by him;
(e) seven members (other than the President, Ministers, Assistant Ministers and the Attorney-General) appointed by the National Assembly from amongst its members, of whom -
(i) four shall be nominated by the parliamentary party or parties forming the Government; and
(ii) three shall be nominated by the parliamentary party or parties forming the opposition.
(2) A member of the Commission shall vacate office-
(a) upon dissolution of Parliament during which the member was appointed to the Commission:
Provided that upon dissolution of the Parliament, appointed members of the Commission shall continue in office until new members are appointed in their place by the next National Assembly;
(b) if he ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament;
(c) if circumstances arise that, if he were not a member of the Assembly, would disqualify him for election as such;
(d) if he is an appointed member, upon revocation of his appointment by the Assembly or upon his resignation; or
(e) if he is the Speaker or the leader of Government business, or the leader of the opposition party with the highest number of seats in the National Assembly, upon ceasing to hold office as such.
(3) If the office of chairman of the Commission is vacant or the chairman is for any reason unable to exercise the functions of his office, then, until a person has been elected Speaker and has assumed the functions of chairman, or until the person holding that office has resumed those functions, as the case may be, the vice-chairman or, if the office of the vice-chairman is vacant, or the vice-chairman is for any reason unable to perform the functions of the office of chairman, such one of the other appointed members as the Commission may elect shall act as chairman; and the vice-chairman or the other member shall, subject to subsection (2), continue to act until a person has been elected to the office of Speaker, and assume the functions of chairman or, as the case may be, until the person in whose place he is acting has assumed or resumed those functions.
(4) If the office of an appointed member of the Commission is vacant or if such member is acting as chairman under subsection (3) or is for any reason unable to exercise the functions of his office the Assembly may appoint a person who is qualified to be appointed to be a member to act in place of that member; and a person so appointed shall, subject to subsection (2), continue to act until a person has been appointed to the office in which he is acting or has assumed the functions of that office, as the case may be, until the person in whose place he is acting has resumed those functions.
(5) The Parliamentary Service Commission, shall have power -
(a) to constitute and abolish offices in the parliamentary service;
(b) to appoint persons to hold or act in the offices of the Service (including the power to confirm appointments) and to exercise disciplinary control over persons holding or acting in those offices (including the power to remove those persons from office);
(c) to provide such services and facilities as are necessary to ensure efficient and effective functioning of the Assembly;
(d) to direct and supervise the administration of the services and facilities provided by, and exercise budgetary control over, the Service;
(e) in such manner as may be prescribed by or under an Act of Parliament -
(i) to cause to be prepared and laid before the National Assembly in each financial year estimates of expenditure (which shall be a charge on the Consolidated Fund) of the parliamentary service for the next following financial year;
(ii) to cause to be audited and a report thereon laid before the Assembly at least once every year, the accounts of the Commission (also known as the accounts of the Clerk of the National Assembly) provided that until such time as the manner of the audit and report is prescribed as aforesaid section 105 shall continue to apply mutatis mutandis;
(f) without prejudice to the generality of paragraphs (c) and (d), to provide security staff to maintain proper security for members of the Assembly and for the services and facilities within the precints of the Assembly;
(g) to determine the terms and conditions of service of persons holding or acting in the offices of the Service;
(h) from time to time as necessity arises, to appoint an independent body to review and make recommendations on the salaries and allowances of the members of the Assembly;
(i) to initiate, co-ordinate and harmonize policies and strategies relating to the development of the Service;
(j) to undertake, singly or jointly with other relevant authorities and organisations, such programmes as will promote the ideals of parliamentary democracy in Kenya.
(k) to do such other things including review of parliamentary powers and privileges as may be necessary for the well-being of the members and staff of the National Assembly and to exercise such other functions as may be prescribed by or under an Act of Parliament.
(6) In the exercise of its powers or the performance of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.
(7) Subject to this section, the Commission may by regulations or otherwise regulate its own procedure and, with the consent of the President or the Public Service Commission, as may be appropriate, may confer powers or impose duties on any public officer or authority for the purpose of the discharge of its functions.
(8) Subject to any regulations made under subsection (7), the Commission may act notwithstanding a vacancy in its membership or absence of a member, and its proceedings shall not be invalidated by the presence or participation of a person not entitled to be present at or to participate in those proceedings.
(9) The Commission shall endeavour to reach every decision by consensus:
Provided that where on any matter consensus cannot be obtained, the of the Commission shall require the concurrence of a majority of all the members thereof.
(10) The Commission may, by directions in writing, delegate any of its powers under this section to any one or more of its members or to any officer in the parliamentary service.
(11) Notwithstanding anything to the contrary appearing in this section, the Commission may -
(a) engage persons under individual contracts of service upon such terms and conditions as the Commission may determine;
(b) commission any person, who in its opinion possesses expert knowledge or is otherwise able to assist in connection with the exercise of its functions, to make such inquiries or to conduct such research or to make such reports as may be necessary for the efficient and effective carrying out of its functions;
(c) appoint competent persons, whether members of the Commission or not, to be a committee or committees to assist the Commission on such matters within the scope of its functions as are referred to them by the Commission.
(12) Subject to this section, provision may be made by or under an Act of Parliament for prescribing the manner of the exercise of the functions of the Commission under this section and for any matters incidental or supplementary to the exercise of those functions.
(13) For the avoidance of doubt and without prejudice to the generality of subsection (14), section 48 and section 107(1) shall not apply in relation to the parliamentary service.
(14) This Part shall have effect notwithstanding any other provision of this Constitution and, accordingly, if any such provision is inconsistent with a provision of this Part, the provision of this Part shall apply.
Part 2 - Legislation and Procedure in the National Assembly
SECTION 46. Exercise of legislative power of Parliament.
(1) Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly.
(2) When a Bill has been passed by the National Assembly, it shall be presented to the President for his assent.
(3) The President shall, within twenty-one days after the Bill has been presented to him for assent under subsection (2), signify to the Speaker that he assents to the Bill or refuses to assent to the Bill.
(4) Where the President refuses to assent to the Bill he shall, within fourteen days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which in his opinion should be reconsidered by the National Assembly including his recommendation for amendments.
(5) The National Assembly shall reconsider a Bill referred to it by the President taking into account the comments of the President and shall either-
(a) approve the recommendations proposed by the President with or without amendment and resubmit the Bill to the President for assent; or
(b) refuse to accept the recommendations and approve the Bill in its original form by a resolution in that behalf supported by votes of not less than sixty-five per cent of all the Members of the National Assembly (excluding ex officio members) in which case the President shall assent to the Bill within fourteen days of the passing of the resolution.
(6) A law made by Parliament shall not come into operation until it has been published in the Kenya Gazette, but Parliament may postpone the coming into operation of a law and, subject to section 77, may make laws with retrospective effect.
(7) A law made by Parliament shall be styled an Act of Parliament, and the words of enactment shall be "Enacted by the Parliament of Kenya".
SECTION 47. Alteration of Constitution.
(1) Subject to this section, Parliament may alter this Constitution.
(2) A Bill for an Act of Parliament to alter this Constitution shall not be passed by the National Assembly unless it has been supported on the second and third readings by the votes of not less than sixty-five per cent of all the members of the Assembly (excluding the ex officio members).
(3) If, on the taking of a vote for the purposes of subsection (2), the Bill is supported by a majority of the members of the Assembly voting but not by the number of votes required by that subsection, and the Bill is not opposed by thirty-five per cent of all the members of the Assembly or more, then, subject to such limitations and conditions as may be prescribed by the standing orders of the Assembly, a further vote may be taken.
(4) When a Bill for an Act of Parliament to alter this Constitution has been introduced into the National Assembly, no alterations shall be made in it before it is presented to the President for his assent, except alterations which are certified by the Speaker to be necessary because of the time that has elapsed since the Bill was first introduced into the Assembly.
(5) A certificate of the Speaker under subsection (4) shall be conclusive as regards proceedings in the Assembly, and shall not be questioned in any court.
(6) In this section -
(a) references to this Constitution are references to this Constitution as from time to time amended; and
(b) references to the alteration of this Constitution are references to the amendment, modification or reenactment, with or without amendment or modification, of any provision of this Constitution, the suspension or repeal of that provision and the making of a different provision in the place of that provision.
SECTION 47A. Replacement of the Constitution.
(1) Subject to this section, this Constitution may be replaced.
(2) Notwithstanding anything to the contrary in this Constitution –
(a) the sovereign right to replace this Constitution with a new Constitution vests collectively in the people of Kenya and shall be exercisable by the people of Kenya through a referendum, in accordance with this section;
(b) when a draft Constitution proposing the replacement of this Constitution has been introduced into the National Assembly, no alteration shall be made in it unless such alteration shall be made in it unless such alteration is supported by the votes of not less than sixty-five per cent of all the members of the Assembly (excluding the ex officio members); and
(c) the National Assembly shall, within thirty days of the introduction in the Assembly of draft Constitution proposing the replacement of this Constitution proposing the replacement of this Constitution proposing the replacement of this Constitution, debate all proposed amendments to the draft Constitution, and submit to the Attorney-General the draft Constitution and any proposed amendments thereto as may be approved by the Assembly in accordance with paragraph (b).
(3) Proposals for amendment to a draft Constitution under subsection (2) shall be considered and the draft Constitution published in such manner as may be prescribed by or under an Act of Parliament.
(4) The Interim Independent Electoral Commission shall, not later than ninety days from the date of publication of a draft Constitution pursuant to subsection (2), hold a referendum as may be prescribed by or under an Act of Parliament to give the people of Kenya the opportunity to ratify the draft Constitution.
(5) The following provisions shall apply with respect to a referendum on a draft Constitution –
(a) section 43 shall apply with necessary modifications with respect to the referendum;
(b) the draft Constitution shall be ratified if –
(i) more than fifty per cent of the valid votes cast are for ratification; and
(ii) at least twenty-five per cent of the votes cast in at least five of the eight provinces are for ratification.
(6) If a draft Constitution is ratified pursuant to subsection (5)(b), the President shall, not later than fourteen days from the date of the publication of the final result of the referendum, promulgate and publish the text of the new Constitution in the Kenya Gazette.
(7) Subject to any provisions in the new Constitution relating to its commencement, and notwithstanding anything to the contrary in this Constitution, the new Constitution shall become law and have effect when the new Constitution is published under subsection (6), or on the expiry of a period of fourteen days from the date of the publication of the final result of the referendum in the Kenya Gazette, whichever is the earlier.
(8) In this section –
(a) references to this Constitution are references to this Constitution as from time to time amended; and
(b) references to the replacement of this Constitution are references to the repeal of this Constitution are references to the repeal of this Constitution and its replacement with a new Constitution.
SECTION 48. Restrictions with regard to certain financial measures.
Except upon the recommendation of the President signified by a Minister, the National Assembly shall not -
(a) proceed upon a Bill (including an amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes -
(i) the imposition of taxation or the alteration of taxation otherwise than by reduction; or
(ii) the imposition of a charge on the Consolidated Fund or any other fund of the Government of Kenya or the alteration of any such charge otherwise than by reduction; or
(iii) the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Kenya of moneys not charged upon the fund or an increase in the amount of the payment, issue or withdrawal; or
(iv) the composition or remission of a debt due to the Government of Kenya; or
(b) proceed upon a motion (including an amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.
SECTION 49. Oaths to be taken by members of National Assembly.
(1) Every member of the National Assembly shall, before taking his seat in the Assembly, take and subscribe the oath of allegiance before the Assembly, but a member may before taking and subscribing that oath take part in the election of the Speaker of the Assembly.
(2) A person elected as Speaker of the National Assembly who has not before his election as Speaker taken the oath as a member of the Assembly shall, before entering upon the duties of his office, take and subscribe the oath of allegiance before the Assembly.
SECTION 50. Presiding in National Assembly.
There shall preside at any sitting of the National Assembly -
(a) the Speaker; or
(b) in the absence of the Speaker, the Deputy Speaker; or
(c) in the absence of the Speaker and the Deputy Speaker, such member of the Assembly (not being the President, the Vice-President, a Minister or an Assistant Minister) as the Assembly may elect for that purpose.
SECTION 51. Quorum in National Assembly.
If any member of the National Assembly who is present takes objection that less than thirty members of the Assembly (besides the person presiding) are present in the Assembly and, after such interval as may be prescribed in the standing orders of the Assembly, the person presiding ascertains that there are still less than thirty members of the Assembly present, the person presiding shall thereupon adjourn the Assembly.
SECTION 52. Powers of President in Parliament.
The President shall be entitled -
(a) in the exercise of his functions as Head of State, to address the National Assembly at any time he thinks fit to do so; and
(b) in the exercise of his functions as Head of the Government and as a member of the National Assembly, to attend all meetings of the Assembly and to take part in all proceedings thereof, and to vote on any question before the Assembly.
SECTION 53. Official languages.
(1) Subject to this section, the official languages of the National Assembly shall be Swahili and English and the business of the National Assembly may be conducted in either or both languages.
(2) Every Bill (including the memorandum accompanying a Bill), every Act of Parliament whenever enacted, all other actual or proposed legislation under the authority of an Act of Parliament, all financial resolutions and documents relating thereto, and every actual or proposed amendment of any of the foregoing, shall be written in English.
(3) In all proceedings of the National Assembly which involve the discussion of any of the following matters, that is to say, a Bill ( including the memorandum accompanying a Bill), an Act of Parliament, other legislation whether actual or proposed, a financial resolution or document relating thereto, or an actual or proposed amendment thereof, the wording of the matter shall, as occasion requires, be quoted in English.
SECTION 54. Voting in National Assembly.
(1) Except as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting.
(2) On a question proposed for decision in the National Assembly, the person presiding in the Assembly shall -
(a) if he is the Speaker, have a casting vote but not an original vote; or
(b) if he is not the Speaker, have both an original vote and a casting vote.
(3) The standing orders of the National Assembly may make provision under which a member who votes upon a question in which he has a direct pecuniary interest shall be deemed not to have voted.
SECTION 55. Unqualified persons sitting or voting.
A person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding five hundred shillings, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes, and that penalty shall be recoverable by action in the High Court at the suit of the Attorney-General.
SECTION 56. Regulation of Procedure in National Assembly.
(1) Subject to this Constitution, the National Assembly may -
(a) make standing orders regulating the procedure of the Assembly (including in particular orders for the orderly conduct of proceedings);
(b) subject to standing orders made under paragraph (a), establish committees in such manner and for such general or special purposes as it thinks fit, and regulate the procedure of any committee so established.
(2) Subject to this Constitution, the National Assembly may act notwithstanding a vacancy in its membership (including a vacancy not filled when the Assembly first meets after a general election), and the presence or participation of a person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.
SECTION 57. Powers, privileges and immunities of National Assembly.
Without prejudice to the powers conferred by section 56, Parliament may, for the purpose of the orderly and effective discharge of the business of the National Assembly, provide for the powers, privileges and immunities of the Assembly and its committees and members.
Part 3 - Summoning, Prorogation and Dissolution of Parliament
SECTION 58. Summoning of Parliament.
(1) Subject to this section, each session of Parliament shall be held at such place within Kenya and shall commence at such time as the President may appoint.
(2) There shall be a session of Parliament at least once in every year, so that a period of twelve months shall not intervene between the last sitting of the National Assembly in one session and the first sitting thereof in the next session.
(3) Whenever Parliament is dissolved, a general election of members of the National Assembly shall be held, and the first session of the new Parliament shall commence within three months after that dissolution.
(4) Subject to this section, the sittings of the National Assembly in a session of Parliament shall be held at such time and on such days as may be determined in accordance with the standing orders of the Assembly.
SECTION 59. Prorogation and dissolution of Parliament.
(1) The President may at any time prorogue Parliament.
(2) The President may at any time dissolve Parliament.
(3) If the National Assembly passes a resolution which is supported by the votes of a majority of all the members of the Assembly (excluding the ex officio members), and of which not less than seven days' notice has been given in accordance with the standing orders of the Assembly, declaring that it has no confidence in the Government of Kenya, and the President does not within three days of the passing of that resolution either resign from his office or dissolve Parliament, Parliament shall stand dissolved on the fourth day following the day on which that resolution was passed.
(4) Parliament, unless sooner dissolved, shall continue for five years from the date when the National Assembly first meets after dissolution and shall then stand dissolved.
(5) At any time when Kenya is at war, Parliament may from time to time provide for the extension of the period of five years specified in subsection (4) for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this subsection by more than five years.
