Kenya

Constitution of Kenya (2010)

Updated: June 2015

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Article 38 states:

(1) Every citizen is free to make political choices…

(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors…

(3) Every adult citizen has the right, without unreasonable restrictions:

  • (a) to be registered as a voter;
  • (b) to vote by secret ballot in any election or referendum…

 

Excerpt from the Constitution of Kenya (2010)

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Article 83, section 1 states:

A person qualifies for registration as a vote at elections or referenda if the person…

  • (b) is not declared to be of unsound mind…

 

Article 99, section 2 states:

A person is disqualified from being elected a member of Parliament if the person:…

  • (e) is of unsound mind…

 

Article 144, section 1 states:

A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.

 

Article 150, section 1 states:

The Deputy President may be removed from office:

  • (a) on the ground of physical or mental incapacity to perform the functions of the office…

 

Article 158, section 1 states:

The Director of Public Prosecutions may be removed from office only on the grounds of: (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 168, section 1 states:

A judge of a superior court may be removed from office only on the grounds of: (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 177, section 1 states:

A county assembly consists of:..

  • (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament…

 

Article 181, section 1 states:

A county governor may be removed from office on any of the following grounds:…

  • (d) physical or mental incapacity to perform the functions of office of county governor…

 

Article 193, section 2 states:

A person is disqualified from being elected a member of a county assembly if the person:…

  • (d) is of unsound mind…

 

Article 245, section 7 states:

The Inspector-General may be removed from office by the President only on the grounds of:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Article 251, section 1 states:

A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Excerpts from the Constitution of Kenya (2010)

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Article 27, section 4 states:

The State shall not discriminate directly or indirectly against any person on any ground, including…disability.

 

Article 81 states:

The electoral system shall comply with the following principles:…

  • (c) fair representation of persons with disabilities…

 

Article 82, section 2 states:

Legislation required by clause (1)(d) shall ensure that voting at every election is:…

  • (c) takes into account the special needs of:
    • (i) persons with disabilities; and
    • (ii) other persons or groups with special needs.

 

Article 120 states:

The official languages of Parliament shall be Kiswahili, English and Kenyan Sign Language, and the business of Parliament may be conducted in English, Kiswahili and Kenyan Sign Language.

 

Excerpts from the Constitution of Kenya (2010)

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Article 54 states:

...(2) The state shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities

 

Article 98 states:

(1) The Senate consists of…

  • (d) two members, being one man and one women, representing persons with disabilities…

 

Article 99, section 2 states:

A person is disqualified from being elected a member of Parliament if the person:…

  • (e) is of unsound mind…

 

Article 100 states:

Parliament shall enact legislation to promote the representation in Parliament of:…

  • (b) persons with disabilities…

 

Article 144, section 1 states:

A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.

 

Article 150, section 1 states:

The Deputy President may be removed from office:

  • (a) on the ground of physical or mental incapacity to perform the functions of the office…

 

Article 158, section 1 states:

The Director of Public Prosecutions may be removed from office only on the grounds of: (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 168, section 1 states:

A judge of a superior court may be removed from office only on the grounds of:

  • (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 177, section 1 states:

A county assembly consists of:..

  • (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament…

 

Article 181, section 1 states:

A county governor may be removed from office on any of the following grounds:…

  • (d) physical or mental incapacity to perform the functions of office of county governor…

 

Article 193, section 2 states:

A person is disqualified from being elected a member of a county assembly if the person:…

  • (d) is of unsound mind…

 

Article 245, section 7 states:

The Inspector-General may be removed from office by the President only on the grounds of:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Article 251, section 1 states:

A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Excerpts from the Constitution of Kenya (2010)