The Kenya Constitution recognizes the following categories of citizenship: Read more…

Ownership and / or use of land in Kenya is based on the following principles: Read more…

Public Finance in Kenya – Government needs money but money is easily misused. This makes Chapter 12, which deals with public money, very important. But who has read it? Most people skip it because they think it will be too technical. In fact it deals with two issues we all know about: controlling the use of public money and funding devolved governments in Kenya. Read more…

Public Service in Kenya

These chapters deal with the public service – that is all government offices including provincial administration, local government administration and the disciplined forces. They concern the men and women who deliver public services and who will bear much of the responsibility for making the Constitution work. Read more…

Commissions and Independent Offices in Kenya

The constitution of Kenya protects institutions which protect democracy. Sometimes the work of institutions that protect democracy angers government. A constitution can insulate such institutions from being undermined by government. Read more…

Foundation of the New Constitution

The basis of the Constitution of Kenya is derived from the objects of reviewing the current Kenyan constitution. These includ provisions that: Read more…

Leadership and Integrity

Authority assigned to a State officer/Public officer is a public trust. It is to be demonstrated by respect for the people, honour to the nation, dignity to the office and public confidence in the integrity of the office. The officers have a responsibility to serve the people, rather than themselves Read more…

National Government

The national government is in charge of:

1. National policy and standards.
2. Economic Planning.
3. Monetary policy.
4. Agricultural policy.
5. Veterinary policy.
6. Health policy.
7. Energy policy.
8. Transport and communications.
9. National public works.
10. Housing policy.
11. Tourism policy.
12. Education policy, standards, curricula, examinations and the granting of university charters.
13. National statistics.
14. Labour standards.
15. Foreign Affairs, Immigration, citizenship.
16. Courts.
17. National defence, Police services.

Funding for the National Government

The main sources of national revenue are:

1. income tax;
2. value-added tax;
3. customs duties and other duties on import and export goods;
4. excise tax;
5. licenses; and
6. borrowing (under laid down law or procedure).

Parliament may authorise the national government to impose any other tax or duty, except taxes that are due to county governments. The budget estimates and expenditure must be approved by Parliament.

Expenditure before annual budget is passed
The National Assembly may authorise the withdrawal of money of up to one-half of the total amount in the annual estimates from the Consolidated Fund before the annual appropriation process.

Supplementary appropriation

The national government may spend money that has not been allocated if the amount allocated for any purpose is insuffi cient. This can also be done with a need for expenditure or if the withdrawal is from the Contingencies Fund.
All money raised and received by or on behalf of the national government will be paid into a Consolidated Fund.

Financial control

Parliament will make a law that:

1. provides for the establishment, functions and responsibilities of the national Treasury.
2. ensures both expenditure control and transparency in all governments and establish mechanisms to ensure their implementation.
3. enforces the keeping of fi nancial records and auditing of accounts for securing effi cient and transparent fiscal management.
4. prescribes a framework within which policiesrelating to procurement and asset disposal will be
5. implemented.

The accounting offi cer of a national public entity is answerable to the National Assembly for its fi nancial management, and the accounting offi cer of a county is accountable to the county assembly for its financial management. The accounts of all governments and State organs are to be audited by the Auditor-General.

Controller of Budget

The Controller of Budget oversees the implementation of the budgets of both the national and county governments. The controller authorizes withdrawal of all public funds.

Auditor-General

The Auditor-General’s office audits and reports on annual accounts of:

1. the national and county governments;
2. all courts.
3. every Commission and Independent Offi ce.
4. the Senate and the county assemblies.
5. political parties funded from public funds.
6. the public debt.
7. any other entity that legislation mandates the Auditor-General to scrutinize.

Central Bank of Kenya

The Central Bank of Kenya will formulate monetary policy, promote price stability and issue currency.
The Central Bank of Kenya is independent in the exercise of its functions.

National Security

National security means the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.

The national security organs are the:

1. Kenya Defence Forces
2. National Intelligence Service
3. National Police Service.

President Kibaki and Prime Minister Raila Odinga during the signing of the new constitution.

The last thing most people worry about when writing a new constitution is the transition from the old to the new. The big questions – the structure of government, the Bill of Rights, elections, devolution – understandably preoccupy constitution makers. But if the transition is not properly managed, the whole show could fall apart. Read more…

Elections in Kenya

General elections are to be conducted every five years on second Tuesday of August for all the elective positions in the country. elective positions are President, Deputy President, MPs, Senators, governors and members of county assemblies. Read more…