Constitutionof Kenya

The 2010 Constitution of Kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters and promulgated on 27th August 2010.

The Constitution defines that the Kenyan Government’s top most levels will be constituted of the President, the Deputy President and the Executive Cabinet.

Key functions of the President as defined in the Constitution of Kenya

  • Shall be the Head of State & Head of Government of the Republic of Kenya.
  • Shall not be a member of parliament
  • Commander-in-Chief – and will declare war and state emergency upon approval by the National Assembly and Cabinet respectively.
  • Head of Government – will wield executive authority and will co-ordinate and supervise all major sections of the executive branch.
  • Shall nominate, appoint with prior approval of the national assembly, and dismiss Cabinet Secretaries.
  • Preside over Cabinet meetings.
  • Shall assent bills into law or refer them back to parliament for further review.
  • Shall nominate, and after approval of Parliament, appoint a Chief Justice.
  • Shall nominate, and after approval of Parliament, appoint an Attorney General
  • Shall nominate, and after approval of Parliament, appoint a Director of Public prosecution.
  • Shall appoint Judges to the Superior Court recommended to him/her by an independent Judiciary Service Commission.
  • Shall appoint Ambassadors/High Commissioners to Kenyan embassies abroad.