I, . , in full realisation
of the high calling I assume as President/Acting President/ Deputy
President of the Republic of Kenya, do swear/solemnly affrm that I
will be faithful and bear true allegiance to the Republic of Kenya; that
I will obey
The Kenya National
Rev. 2010] Constitution of Kenya 189
Commission for their unexpired term but each shall retain the terms of
service as at the effective date.
(2) The chairperson of the Kenya National Commission on
252. (1) Each commission, and each holder of an independent
(a) may conduct investigations on its own initiative or on a
complaint made by a member of the public;
(b) has the powers necessary for conciliation, mediation and
(c) shall re
be necessary to bring them into conformity with Article 22.
20. (1) The Judicial Service Commission shall be appointed within
sixty days after the effective date and the Commission shall be deemed
to be properly constituted under this Constitution despite
to natural resources.
184 Constitution of Kenya [Rev. 2010
(2) On the effective date, any other interest in land in Kenya
greater than a ninety-nine year lease held by a person who is not a
citizen shall be converted to a ninety-nine y
under this Constitution.
(3) The provisions of this section shall not affect the powers
conferred on any person or authority under this Constitution or
legislation to abolish offices or remove persons from an office
contemplated in subsection (2).
11. (1) Until the first Senate has been elected under this
(a) the functions of the Senate shall be exercised by the National
(b) any function or power that is required to be performed or
exercised by both Houses, acting jointly
Rev. 2010] Constitution of Kenya 185
Assistant Minister immediately before the effective date shall continue
to serve in accordance with the former Constitution until the frst general
I,., having been elected a
member of the Senate/National Assembly do swear (in the name of the
Almighty God) (solemnly affrm) that I will bear true faith and allegiance
to the People and the Republic of Kenya; that I will obey, respect,
(8) If a particular time is not prescribed by this Constitution for
performing a required act, the act shall be done without unreasonable
delay, and as often as occasion arises.
(9) If any person or State organ has authority under this
Constitution to ext
in the Offce of a Cabinet Secretary; that I undertake to hold my offce
as Cabinet Secretary with honour and dignity; that I will be a true and
faithful counsellor to the Presidentfor the good management of the
public affairs of the Republic of Kenya; that
15 may be enacted only after the Commission on the Implementation
of the Constitution and, if it has been established, the Commission on
Revenue Allocation, have been consulted and any recommendations of
the Commissions have been considered by Parliament.
constituted the following members shall be appointed to serve for three
(a) the Court of Appeal judge appointed under Article 171 (4)
(b) the High Court judge appointed under Article 171 (4) (d);
(c) one of the advocates appointed under Ar
conformity with this Constitution.
(2) If, with respect to any particular matter
(a) a law that was in effect immediately before the effective
date assigns responsibility for that matter to a particular State
organ or public offcer; and
(b) a provision of
180 Constitution of Kenya [Rev. 2010
SIXTH SCHEDULE (Article 262)
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
1. In this Schedule, unless the context requires otherwise
(a) Boundaries Commission means Interim Independent
Tufanye sote bidii With hearts both strong and true.
Nasi tujitoe kwa nguvu Service be our earnest endeavour,
Nchi yetu ya Kenya, And our Homeland of Kenya
Tunayoipenda Heritage of splendour,
Tuwe tayari kuilinda. Firm may we stand to defend.
Part 6miscellaneous matters
30. A Kenyan citizen is a citizen by birth if that citizen
(1) acquired citizenship under Article 87 or 88 (1) of the former
(2) would have acquired citizenship if Article 87 (2) read as
Every person w
ninety days after the effective date.
(2)The Salaries and Remuneration Commission shall be
constituted within nine months after the effective date.
(3) Until the legislation anticipated in Article 250 is in force,
the persons appointed as members or as ch
(d) provide mechanisms that ensure that the Commission on
the Implementation of the Constitution can perform its role
in monitoring the implementation of the system of devolved
16. Despite Article 217 (1), the frst and second deter
Rev. 2010] Constitution of Kenya 181
Constitution, shall be enacted within the period stipulated
in the Fifth Schedule.
(4) Article 62 (2) and (3) is suspended until the National Land
Commission is established.
3. (1) Until Parliament passes the Act antic
(c) county abattoirs;
(d) plant and animal disease control; and
2. County health services, including, in particular
(a) county health facilities and pharmacies;
(b) ambulance services;
(c) promotion of primary health care;
(d) licensing and
be responsible for overseeing the implementation of this Constitution
and which, among other things
(a) shall receive regular reports from the Commission on the
Implementation of the Constitution on the implementation
of this Constitution including report
10. Monetary policy, currency, banking (including central banking), the
incorporation and regulation of banking, insurance and fnancial
11. National statistics and data on population, the economy and society
12. Intellectual prope
Prosecutions is appointed under this Constitution.
(6) The functions of the Controller of Budget shall be performed
by the Auditor-General until a Controller of Budget is appointed under
(7) Despite subsection (1), the Attorney-General
(c) members of the Commission shall be subject to Chapter
Seven of this Constitution.
(3) The requirement in Article 89(2) that a review of constituency
and ward boundaries shall be completed at least twelve months before
a general election does not apply
out in this Article.
(2) The Commission shall
(a) subject to this Constitution and legislation
(i) establish and abolish offces in the public service; and
(ii) appoint persons to hold or act in those offces, and to
(b) exercise discip
chaPter elevendevolved Government
Speaker of a county assembly (Article 178)
Urban areas and cities (Article 183)
Support for county governments (Article
Removal of a county governor (Article 181)
Vacation of offce of me
Rev. 2010] Constitution of Kenya 179
Chapter and Article
Determination of questions of membership
of Parliament (Article
Right to petition Parliament (Article 119)
Power of mercy (Article 133)
Assumption of of
(2) Unless this Schedule prescribes otherwise, when this
190 Constitution of Kenya [Rev. 201