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The Constitution of Kenya, in plain English

It is the highest law in Kenya, and it belongs to you. Search it, ask it a question, or browse all 264 Articles, each with a short summary.

Can they…? Can I…?

Common questions, answered from the Constitution itself.

NoCan I be forced to join a political party?No. The Constitution says nobody can be compelled to join an association of any kind, and a political party is an association.YesCan I join a protest or demonstration?Yes, as long as it is peaceful and you are unarmed.NoDoes freedom of expression mean I can say anything I want, including online?No. Freedom of expression is protected, but it does not cover hate speech, incitement to violence or propaganda for war.YesCan I ask the government for information it holds?Yes. Every citizen has the right of access to information held by the State.It dependsCan the authorities search my phone, home or belongings?Your privacy is protected, but this right can be limited by a law that meets strict constitutional tests.NoCan a hospital refuse to give me emergency treatment?No. The Constitution says a person shall not be denied emergency medical treatment.NoCan I be refused a job or a place in school because of my religion?No. A person may not be denied access to any institution, employment or facility because of their belief or religion.YesCan workers join a trade union or go on strike?Yes. Every worker has the right to join a trade union and to go on strike.NoCan someone treat me unfairly because of my age, pregnancy, disability or the way I dress?No. Neither the State nor any person may discriminate against you on grounds including age, pregnancy, disability, dress and others.NoCan the government punish a media house or blogger for their opinions?No. The State shall not penalise anyone for any opinion or the content of a broadcast or publication, except expression outside free-speech protection.It dependsCan the government ever limit my rights?Most rights can be limited only by law and only if reasonable and justifiable; four rights can never be limited.YesDoes the State have to help young people get jobs and training?Yes. The State must take measures, including affirmative action, so that the youth can access education, training and employment.NoCan police arrest me without telling me why?No. An arrested person must be told promptly, in a language they understand, the reason for the arrest.NoCan police hold me for days without taking me to court?No. You must be brought before a court within 24 hours, or by the end of the next court day if that time ends outside court hours.YesCan I stay silent if I am arrested?Yes. An arrested person has the right to remain silent and cannot be forced to confess.NoCan police beat or torture someone to get information?No. Everyone has the right not to be tortured or treated in a cruel, inhuman or degrading way, and this right can never be limited.It dependsDo I have a right to be released on bail after arrest?Usually yes, on reasonable conditions, unless there are compelling reasons not to release you.It dependsWill the State give me a lawyer if I am charged and cannot afford one?The Constitution guarantees it where substantial injustice would otherwise result, and you must be told of this right promptly. A law may provide legal aid more widely.NoCan a politician or minister order the police to arrest a particular person?No. Politicians and ministers cannot direct police investigations or arrests of particular people. Only the DPP may direct the Inspector-General, in writing, to investigate.YesCan I go to court if my rights are violated, and do I have to pay to start the case?Yes. Anyone can go to court if a right in the Bill of Rights is denied, violated or threatened, and the court rules must not charge a fee to start such a case.NoCan I register to vote before I turn 18?No. You must be an adult citizen to register as a voter, and the Constitution defines an adult as someone aged 18 or over.NoCan I register to vote in two different places, such as home and campus?No. A qualifying citizen shall be registered at only one registration centre.YesIs my vote supposed to be secret?Yes. Every adult citizen has the right to vote by secret ballot in any election or referendum.YesCan I run for office without belonging to a political party?Yes. You can stand as an independent candidate if you have not been a member of a registered political party for at least three months before the election and enough registered voters support you.It dependsCan I vote if I live outside Kenya?The Constitution provides for the progressive registration of citizens living abroad and the progressive realisation of their right to vote; a law sets the details.YesCan an election result be challenged in court?Yes, within strict time limits: 7 days for a presidential election, 28 days for other elections.NoCan someone convicted of an election offence register to vote?Not for five years. A person convicted of an election offence in the preceding five years does not qualify to register as a voter.It dependsCan the President dissolve Parliament?Only in one situation: when Parliament fails to pass required laws after a court order, and the Chief Justice advises dissolution.NoCan a President serve more than two terms?No. A person shall not hold office as President for more than two terms.YesCan a President be removed from office?Yes, through impeachment by Parliament or on grounds of physical or mental incapacity.NoCan a sitting President be charged with a crime in a Kenyan court?No, not during their tenure, except for crimes under a treaty Kenya has joined that prohibits such immunity.YesCan a Governor be removed from office?Yes, on grounds set in the Constitution; an Act of Parliament sets the removal procedure.NoCan a Governor serve more than two terms?No. Nobody may hold office as county governor, or as deputy governor, for more than two terms.NoCan MPs decide their own salaries?No. The Salaries and Remuneration Commission sets the pay and benefits of all State officers, including MPs.NoCan an MP or MCA leave their party and keep their seat?No. If a member elected on a party ticket resigns from that party, their seat becomes vacant.It dependsCan voters remove (recall) their MP before the term ends?Voters have a right of recall, but an Act of Parliament sets the grounds and procedure.YesIs my county guaranteed a share of the money the national government collects?Yes. Counties together must receive at least 15 per cent of all revenue collected by the national government each year.NoCan my county charge me income tax or VAT?No. Only the national government may impose income tax, VAT, customs duties and excise tax.YesCan I attend my county assembly's sittings?Yes. County assemblies must sit in public and can exclude the public or media only in exceptional circumstances.YesIs my county government responsible for local clinics and ambulances?Yes. County health services, including county health facilities, pharmacies and ambulance services, are county functions under the Fourth Schedule.YesDo I have a right to a say in how public money is used?Yes. Public finance must be guided by openness and accountability, including public participation in financial matters.NoCan a foreigner own land in Kenya forever (freehold)?No. A non-citizen may hold land only on leasehold, and the lease cannot exceed 99 years.It dependsCan the government take my land or property?Only in limited cases, such as for a public purpose under an Act of Parliament requiring prompt, full and just compensation and access to court.YesAm I Kenyan if only my mother (or only my father) is Kenyan?Yes. You are a citizen by birth if either your mother or your father was a citizen on the day you were born.YesCan I hold another country's citizenship and still be Kenyan?Yes for citizens by birth: the Constitution says they do not lose Kenyan citizenship by acquiring another country's. For other citizens, an Act of Parliament sets the rules.

Browse the Constitution

  1. —Preamble“We, the people of Kenya…”
  2. 1Sovereignty of the People and Supremacy of This ConstitutionArticles 1–3
  3. 2The RepublicArticles 4–11
  4. 3CitizenshipArticles 12–18
  5. 4The Bill of RightsArticles 19–59
  6. 5Land and EnvironmentArticles 60–72
  7. 6Leadership and IntegrityArticles 73–80
  8. 7Representation of the PeopleArticles 81–92
  9. 8The LegislatureArticles 93–128
  10. 9The ExecutiveArticles 129–158
  11. 10JudiciaryArticles 159–173
  12. 11Devolved GovernmentArticles 174–200
  13. 12Public FinanceArticles 201–231
  14. 13The Public ServiceArticles 232–237
  15. 14National SecurityArticles 238–247
  16. 15Commissions and Independent OfficesArticles 248–254
  17. 16Amendment of This ConstitutionArticles 255–257
  18. 17General ProvisionsArticles 258–260
  19. 18Transitional and Consequential ProvisionsArticles 261–264
  20. S1CountiesFirst Schedule
  21. S2National symbolsSecond Schedule
  22. S3National oaths and affirmationsThird Schedule
  23. S4Distribution of functions between the national and county governmentsFourth Schedule
  24. S5Legislation to be enacted by ParliamentFifth Schedule
  25. S6Transitional and consequential provisionsSixth Schedule

Now put it to your candidates

The Constitution sets out what every leader must do. Ask the people who want your vote how they will live up to it.

Questions to ask your candidates What each leader is supposed to do

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.