The zero draft constitution unveiled recently devolves government to three levels - national, regional and county regions.
Here, the governments are distinct and inter- dependent and conduct their mutual relations on the basis of consultation and co-operation.
It also separates state and religion. It spells that the State and religion shall be separate, there shall be no State religion and the State shall treat all religions equally.
The documents abolishes Moi Day as a national day and renames Kenyatta Day as Mashujaa Day (Heroes Day). It only recognizes three national days - Madaraka Day (June 1), Mashujaa Day (October 20) and Jamhuri Day (December 12).
It gives Parliament powers to make provisions for public holidays.
Citizenship
The document also allows dual citizenship. A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country.
It also states that a person who as a result of acquiring the citizenship of another country ceased to be a Kenyan citizen is entitled, on application, to regain Kenyan citizenship.
Representation of the people
The constitution allows independent candidate. It says that a person is eligible to stand as an independent candidate for election as a Member of Parliament, a regional assembly or a county assembly, if that person.
It also demands that voting be by secret ballot and in transparent ballot boxes. Elections will be run by an Independent Electoral and Boundaries Commission. The commission will run presidential elections, election of members of the Senate, election of members of the National Assembly, election of members of regional assemblies and of regional executive, committees, election of the members of the county assemblies and of county governors, and deputy county governors, election of the mayor and deputy mayor of Nairobi, referenda; and any other elections as may be prescribed by an Act of Parliament.
A member of Parliament or of a regional or county assembly elected on a ticket of a political party ceases to be member of Parliament or of that assembly on resigning from the party; or being expelled from the party for indiscipline after a fair hearing. It also lays out the foundations of forming a political party.
Political Parties will not:
(a) Be founded on a religious, linguistic, racial, ethnic, gender or regional basis or engage in advocacy of hatred based on any of those matters;
(b) Engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c) Establish or maintain a paramilitary force, militia or similar organization;
(d) Engage in bribery or other forms of corruption; or
(e) Except as is provided under this Chap¬ter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.
THE LEGISLATURE
There is established a Parliament of Kenya, which shall consist of the Senate and the National Assembly.
The Senate shall consist of:
(a) Members elected one each by the counties, each county assembly acting as an electoral college;
(b) Women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) Persons with disabilities or falling within the category of youth, elected one each by the regions;
(d) the Speaker, who shall be an ex officio member.
(2) Elections under clause (l)(c) shall be as provided by legislation.
(3) Upon election, the senators elected from each region shall collectively constitute a single delegation for the purposes of clause 141(2)(a).
(4) Nothing in this Article shall be construed as excluding women from con¬testing an election under clause (1)(a).
Membership of the National Assembly 126.
(1) The National Assembly shall consist of:
(a) Members elected one each by the constituencies as may be provided by law;
(b) Women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) Persons with disabilities or falling within the category of youth, elected one each by the regions;
(d) the Speaker, who shall be an ex officio member.
(2) Elections under clause (l)(c) shall be as provided by legislation.
(3) Upon election, the senators elected from each region shall collectively constitute a single delegation for the purposes of clause 141(2)(a).
(4) Nothing in this Article shall be construed as excluding women from con-testing an election under clause (1)(a).
Membership of the National Assembly 126.
(1) The National Assembly shall consist of:
(a) Members elected one each by the constituencies as may be provided by law;
(b) Women elected one each by the counties, each county comprising a single member constituency;
(c) Seven members who shall be persons with disabilities, no more than four of whom shall be of the same gender;
(d) Seven members elected by marginalized communities, marginalized groups and ' workers; and
(e) The Speaker, who shall be an ex officio member.
Right of recall
131.(1) The electorate under Articles 125 and 126 have the right to recall their member of Parliament elected before the expiry of the term of the relevant House of Parliament.
(2) Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the pro¬cedure to be followed.
THE EXECUTIVE
Authority of the State President
There shall be a State President of the Republic. The State President is:
(a) Head of State;
(b) Commander-in-Chief of the Kenya Defence Forces; and
(c) Chairperson of the National Security Council.
(3) The State President is a symbol of national unity.
(4) The State President shall:
(a) Respect, uphold and safeguard this Constitution;
(b) Safeguard the sovereignty of the Republic;
Accordingly, he will promote and enhance the unity of the nation; promote respect for the diversity of the people and communities of Kenya; and ensure the pro¬tection of human rights and fundamental freedoms and the rule of law.
The State President shall not hold any other State or public office.
Functions of the President
(a) Address the opening of each newly elected House of Parliament;
(b) Address a special sitting of Parliament once every year;
(c) Once every year:
(i) Report, in an address to the nation, on all the measures taken and the progress achieved in the realization of the national values, principles and goals set out in Chapter Three; and
(ii) Publish in the Gazette, the details of the measures and progress referred to in sub-paragraph (i).
(2) The President shall appoint and may dismiss:
(a) the Cabinet, including the Prime Minister, the Deputy Prime Minister and the Ministers;
(b) the Deputy Ministers;
(c) the judges of the superior courts; and
(d) any other State or public officer whom this Constitution requires the State President to appoint.
(3) The President may:
(a) Appoint high commissioners, ambassadors, and diplomatic and consular representatives with the approval of the National Assembly; and
(b) Receive foreign diplomatic and consular representatives; and
(c) Confer honours in the name of the people and the Republic.
(4) With the approval of Parliament, the President may sign instruments of consent of the Republic to be bound by treaties and international agreements. With the approval of the Cabinet, the State President may:
(a) declare a state of emergency;
(b) declare war.
(6) The State President
(a) May appoint commissions of inquiry; and
(b) Shall cause the report of any commission of inquiry so appointed to be laid before Parliament within twenty-one days of the receipt of the report by the State President.
Once every year, the State President shall submit a report to Parliament on the progress made in fulfilling the international obligations of the Republic.
Assumption of office of State President
The swearing in of the State President-elect shall be before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
The State President-elect shall be sworn in on the first Tuesday following the 14th day after the date of the declaration of the result of the presidential election unless the result is challenged.
If the result of presidential election is challenged under Article 165 but the Constitutional Court upholds the result of the election, the State President-elect shall be sworn in on the first Tuesday following the seventh day after the Court's determination.
Term of office of State President
The State President shall hold office for a term not exceeding five years beginning with the date of assumption of office. A person shall not hold office as State President for more than two terms, a person who has continuously served as State President for at least two and half years shall be deemed to have served a full term.
Removal of State President on grounds of incapacity
A member of the National Assembly, supported by at least a quarter of all the members may, at any sitting of the Assembly move a motion for the investigation the State President's physical or mental capacity to perform the functions of office.
Prime Minister
There shall be a Prime Minister of the Republic, who shall be the Head of Government.
The Prime Minister shall direct and co-ordinate the work of the ministries and the preparation of legislation, and is responsible to Parliament. The Prime Minister shall preside at meetings of the Cabinet.
In the absence of the Prime Minister, the Deputy Prime Minister shall perform the
functions of the Prime Minister.
Appointment of Prime Minister
Within seven days following the summoning of the National Assembly after a general election, or whenever necessary to fill a vacancy in the office of Prime Minister, other than on the occasion of a vote of no confidence, the State President shall appoint as Prime Minister:
The member of the National Assembly who is the leader of the largest political party or coalition of parties, represented in the National Assembly; or if the leader of the largest party or coalition of parties has been unable to command the confidence of the National Assembly, the member of the National Assembly who is the leader of the second largest political party or coalition of parties represented in the National Assembly.
Cabinet and Deputy Ministers
The Cabinet shall consist of:
(a) The Prime Minister;
(b) The Deputy Prime Minister; and
(c) Not fewer than 15 and not more than 20 other Ministers.
JUDICIARY
The superior courts are the Supreme Court, the Court of Appeal, the Constitutional Court and the High Court.
There is established the Supreme Court which consists of:
(a) The Chief Justice, who shall be the president of the court;
(b) The Deputy Chief Justice, who shall—
(i) Deputise for the Chief Justice; and
(ii) Be the vice-president of the court; and
(c) Not fewer than five and not more than seven other judges. The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges.
Subordinate courts
The subordinate courts are—
(a) The Magistrates' Courts;
(b) The Kadhis' courts;
(c) The Courts Martial; and
(d) Any other court or local tribunal as may be established by an Act of Parliament.
REGIONAL GOVERNMENTS
There shall be a regional government for each region, consisting of an assembly and an executive committee, the principal role of a regional government is to co-ordinate the implementation, within the counties forming the region, of programmes and projects that extend across two or more counties of the region.
An Act of Parliament shall, subject to this Constitution, provide for the govern¬ance structure and management of the Nairobi Region as a metropolitan city and the capital of Kenya.
Despite Article 228 and the Fourth Schedule, an Act of Parliament shall provide for taxation powers for the government of the Nairobi Metropolitan Region.
Regional assemblies
The legislative authority of a region is vested in the regional assembly of that region. A regional assembly:
(a) Consists of three delegates elected from each county within the region by the assembly of that county from among members of the county assembly;
(b) Is elected for a term of five years; and
(c) Has power to pass any laws that are reasonably necessary for, or incidental to, the effective exercise and performance of the powers and functions assigned to the region.
In electing delegates, a county assembly shall take into consideration ethnic and other diversities, including gender, represented in the county.
A regional assembly, while having due regard to the principle of the separation of powers, has power to maintain oversight over the regional executive committee and any other executive organs established by laws passed by the assembly.
Election of mayor and deputy mayor of Nairobi
The mayor and deputy mayor of Nairobi shall each be elected by more than half of the votes cast by voters who meet the requirements relating to residence within the region, prescribed by an Act of Parliament.
The election of the mayor and deputy mayor shall be by universal suffrage. Subject to clause (1), an Act of Parliamen shall prescribe the manner of election of the mayor and deputy mayor.
Functions of regional executive committees
(1) The members of the regional executive committee are responsible for the exercise of executive powers in relation to the functions and powers assigned to the region.
(2) The regional director may assign specific responsibilities to the members of the Committee.
Part 3—County governments
(1) There shall be a county government for each county, consisting of a county assembly and a county executive.
(2) Every county government shall decentralize its functions and the provision of its services to the extent that it is efficient and practicable to do so.
(3) Despite the provisions of this Chapter, the counties forming the Nairobi Region for the purposes of Article 129(5) shall not perform any other function, nor exercise any power, of a county government except as is provided in an Act of Parliament referred to in Article 215(3).
Members of county assembly
(1) A county assembly consists of:
(a) Members elected one each for the wards, either directly or through proportional representation, with such boundaries, as are prescribed by Act of Parliament, after taking account of recommendation of the Independent Electoral and Boundaries Commission;
(b) Such number of special seat members, in proportion to the votes received by each political party under clause (1) (a), as to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
(b) Such number of special seat members, in proportion to the votes received by each political party under clause (1) (a), as to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
(c) Such number of members of marginalized groups, including persons with disabilities, minorities, older persons and youth, in proportion to the votes received by each political party under clause (l)(a), as are prescribed by Act of Parliament; and
(d) such number of independent candidates as may be elected under clause(1)(a).
(2) The filling of special seats under clause (1)(b) shall be determined after declaration of elected members from each ward.
(3) A county assembly is elected for a term of five years.
The regions into which Kenya is divided are Coast Region, Eastern Region, North Eastern Region, Rift Valley Region, Nyanza Region, Western Region, Central Region, Nairobi Metropolitan Region.
The counties into which Kenya is divided are:
Coast Region: Kwale, Mombasa, Taita Taveta, Kilifi, Lamu, Tana River, Malindi
Eastern Region: Makueni, Machakos, Kitui, Mwingi, Meru Central, Meru South, Meru North, Tharaka, Mbeere, Embu, Isiolo, Marsabit, Moyale
North-Eastern Region: Garissa, Ijara, Mandera, Wajir
Rift Valley Region: Kajiado, Narok, Trans Mara, Turkana, West Pokot, Marakwet, Trans Nzoia, Keiyo, Uasin Gishu, Nandi North, Nandi South, Kericho, Bureti, Bomet, Baringo, Koibatek, Nakuru, Samburu,Laikipia
Nyanza Region: Bondo, Nyando, Siaya, Suba Kuria, Ra-chuonyo, Kisii Central, Gucha, Nyamira, Kisumu, Homa Bay, Migori
Western Region: Busia, Bungoma, Teso, Mt Elgon, Lugari, Kakamega, Vihiga, Butere/Mumias
Central Regio: Kiambu, Thika, Murang'a, Maragua, Nyandarua, Nyeri, Kirinyaga
Nairobi Metropolitan Region: Westlands, Kasarani, Lang'ata, Embakasi
LAND
All land in Kenya is designated as public, community or private.
There will be a National Land Commission.
The functions of the National Land Commission are to—manage public land on behalf of the national and devolved governments, recommend to the national government a national land policy;
Advise the national government and devolved governments on a policy framework for the development of selected areas of Kenya, to ensure that the development of community and private land is in accordance with the development plan for those areas;
Investigate disputes of land ownership, occupation and access to public land in any area as provided for by legislation; Advise the national government on, and assist in the execution of, a comprehensive programme for the registration of title in land throughout Kenya;
Conduct research related to land and the use of natural resources and make recommendations to appropriate authorities; initiate investigations, on its own or on a complaint, into present or historical land initiate investigations on its own or on a complaint, into present or historical land injustices and recommend appropriate redress;
Facilitate the participation of communities in the formulation of land policy; encourage the application of traditionally accepted systems of dispute resolution in land conflicts;
Assess tax on land and premiums on property in any area designated by law;
Monitor and have oversight responsibilities over land use planning throughout the country;
Consolidate and from time to time review all laws relating to land; and initiate revision of all sectoral land use laws in accordance with the national land policy.
The National Land Commission shall establish offices throughout Kenya.
Here, the governments are distinct and inter- dependent and conduct their mutual relations on the basis of consultation and co-operation.
It also separates state and religion. It spells that the State and religion shall be separate, there shall be no State religion and the State shall treat all religions equally.
The documents abolishes Moi Day as a national day and renames Kenyatta Day as Mashujaa Day (Heroes Day). It only recognizes three national days - Madaraka Day (June 1), Mashujaa Day (October 20) and Jamhuri Day (December 12).
It gives Parliament powers to make provisions for public holidays.
Citizenship
The document also allows dual citizenship. A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country.
It also states that a person who as a result of acquiring the citizenship of another country ceased to be a Kenyan citizen is entitled, on application, to regain Kenyan citizenship.
Representation of the people
The constitution allows independent candidate. It says that a person is eligible to stand as an independent candidate for election as a Member of Parliament, a regional assembly or a county assembly, if that person.
It also demands that voting be by secret ballot and in transparent ballot boxes. Elections will be run by an Independent Electoral and Boundaries Commission. The commission will run presidential elections, election of members of the Senate, election of members of the National Assembly, election of members of regional assemblies and of regional executive, committees, election of the members of the county assemblies and of county governors, and deputy county governors, election of the mayor and deputy mayor of Nairobi, referenda; and any other elections as may be prescribed by an Act of Parliament.
A member of Parliament or of a regional or county assembly elected on a ticket of a political party ceases to be member of Parliament or of that assembly on resigning from the party; or being expelled from the party for indiscipline after a fair hearing. It also lays out the foundations of forming a political party.
Political Parties will not:
(a) Be founded on a religious, linguistic, racial, ethnic, gender or regional basis or engage in advocacy of hatred based on any of those matters;
(b) Engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c) Establish or maintain a paramilitary force, militia or similar organization;
(d) Engage in bribery or other forms of corruption; or
(e) Except as is provided under this Chap¬ter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.
THE LEGISLATURE
There is established a Parliament of Kenya, which shall consist of the Senate and the National Assembly.
The Senate shall consist of:
(a) Members elected one each by the counties, each county assembly acting as an electoral college;
(b) Women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) Persons with disabilities or falling within the category of youth, elected one each by the regions;
(d) the Speaker, who shall be an ex officio member.
(2) Elections under clause (l)(c) shall be as provided by legislation.
(3) Upon election, the senators elected from each region shall collectively constitute a single delegation for the purposes of clause 141(2)(a).
(4) Nothing in this Article shall be construed as excluding women from con¬testing an election under clause (1)(a).
Membership of the National Assembly 126.
(1) The National Assembly shall consist of:
(a) Members elected one each by the constituencies as may be provided by law;
(b) Women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) Persons with disabilities or falling within the category of youth, elected one each by the regions;
(d) the Speaker, who shall be an ex officio member.
(2) Elections under clause (l)(c) shall be as provided by legislation.
(3) Upon election, the senators elected from each region shall collectively constitute a single delegation for the purposes of clause 141(2)(a).
(4) Nothing in this Article shall be construed as excluding women from con-testing an election under clause (1)(a).
Membership of the National Assembly 126.
(1) The National Assembly shall consist of:
(a) Members elected one each by the constituencies as may be provided by law;
(b) Women elected one each by the counties, each county comprising a single member constituency;
(c) Seven members who shall be persons with disabilities, no more than four of whom shall be of the same gender;
(d) Seven members elected by marginalized communities, marginalized groups and ' workers; and
(e) The Speaker, who shall be an ex officio member.
Right of recall
131.(1) The electorate under Articles 125 and 126 have the right to recall their member of Parliament elected before the expiry of the term of the relevant House of Parliament.
(2) Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the pro¬cedure to be followed.
THE EXECUTIVE
Authority of the State President
There shall be a State President of the Republic. The State President is:
(a) Head of State;
(b) Commander-in-Chief of the Kenya Defence Forces; and
(c) Chairperson of the National Security Council.
(3) The State President is a symbol of national unity.
(4) The State President shall:
(a) Respect, uphold and safeguard this Constitution;
(b) Safeguard the sovereignty of the Republic;
Accordingly, he will promote and enhance the unity of the nation; promote respect for the diversity of the people and communities of Kenya; and ensure the pro¬tection of human rights and fundamental freedoms and the rule of law.
The State President shall not hold any other State or public office.
Functions of the President
(a) Address the opening of each newly elected House of Parliament;
(b) Address a special sitting of Parliament once every year;
(c) Once every year:
(i) Report, in an address to the nation, on all the measures taken and the progress achieved in the realization of the national values, principles and goals set out in Chapter Three; and
(ii) Publish in the Gazette, the details of the measures and progress referred to in sub-paragraph (i).
(2) The President shall appoint and may dismiss:
(a) the Cabinet, including the Prime Minister, the Deputy Prime Minister and the Ministers;
(b) the Deputy Ministers;
(c) the judges of the superior courts; and
(d) any other State or public officer whom this Constitution requires the State President to appoint.
(3) The President may:
(a) Appoint high commissioners, ambassadors, and diplomatic and consular representatives with the approval of the National Assembly; and
(b) Receive foreign diplomatic and consular representatives; and
(c) Confer honours in the name of the people and the Republic.
(4) With the approval of Parliament, the President may sign instruments of consent of the Republic to be bound by treaties and international agreements. With the approval of the Cabinet, the State President may:
(a) declare a state of emergency;
(b) declare war.
(6) The State President
(a) May appoint commissions of inquiry; and
(b) Shall cause the report of any commission of inquiry so appointed to be laid before Parliament within twenty-one days of the receipt of the report by the State President.
Once every year, the State President shall submit a report to Parliament on the progress made in fulfilling the international obligations of the Republic.
Assumption of office of State President
The swearing in of the State President-elect shall be before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
The State President-elect shall be sworn in on the first Tuesday following the 14th day after the date of the declaration of the result of the presidential election unless the result is challenged.
If the result of presidential election is challenged under Article 165 but the Constitutional Court upholds the result of the election, the State President-elect shall be sworn in on the first Tuesday following the seventh day after the Court's determination.
Term of office of State President
The State President shall hold office for a term not exceeding five years beginning with the date of assumption of office. A person shall not hold office as State President for more than two terms, a person who has continuously served as State President for at least two and half years shall be deemed to have served a full term.
Removal of State President on grounds of incapacity
A member of the National Assembly, supported by at least a quarter of all the members may, at any sitting of the Assembly move a motion for the investigation the State President's physical or mental capacity to perform the functions of office.
Prime Minister
There shall be a Prime Minister of the Republic, who shall be the Head of Government.
The Prime Minister shall direct and co-ordinate the work of the ministries and the preparation of legislation, and is responsible to Parliament. The Prime Minister shall preside at meetings of the Cabinet.
In the absence of the Prime Minister, the Deputy Prime Minister shall perform the
functions of the Prime Minister.
Appointment of Prime Minister
Within seven days following the summoning of the National Assembly after a general election, or whenever necessary to fill a vacancy in the office of Prime Minister, other than on the occasion of a vote of no confidence, the State President shall appoint as Prime Minister:
The member of the National Assembly who is the leader of the largest political party or coalition of parties, represented in the National Assembly; or if the leader of the largest party or coalition of parties has been unable to command the confidence of the National Assembly, the member of the National Assembly who is the leader of the second largest political party or coalition of parties represented in the National Assembly.
Cabinet and Deputy Ministers
The Cabinet shall consist of:
(a) The Prime Minister;
(b) The Deputy Prime Minister; and
(c) Not fewer than 15 and not more than 20 other Ministers.
JUDICIARY
The superior courts are the Supreme Court, the Court of Appeal, the Constitutional Court and the High Court.
There is established the Supreme Court which consists of:
(a) The Chief Justice, who shall be the president of the court;
(b) The Deputy Chief Justice, who shall—
(i) Deputise for the Chief Justice; and
(ii) Be the vice-president of the court; and
(c) Not fewer than five and not more than seven other judges. The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges.
Subordinate courts
The subordinate courts are—
(a) The Magistrates' Courts;
(b) The Kadhis' courts;
(c) The Courts Martial; and
(d) Any other court or local tribunal as may be established by an Act of Parliament.
REGIONAL GOVERNMENTS
There shall be a regional government for each region, consisting of an assembly and an executive committee, the principal role of a regional government is to co-ordinate the implementation, within the counties forming the region, of programmes and projects that extend across two or more counties of the region.
An Act of Parliament shall, subject to this Constitution, provide for the govern¬ance structure and management of the Nairobi Region as a metropolitan city and the capital of Kenya.
Despite Article 228 and the Fourth Schedule, an Act of Parliament shall provide for taxation powers for the government of the Nairobi Metropolitan Region.
Regional assemblies
The legislative authority of a region is vested in the regional assembly of that region. A regional assembly:
(a) Consists of three delegates elected from each county within the region by the assembly of that county from among members of the county assembly;
(b) Is elected for a term of five years; and
(c) Has power to pass any laws that are reasonably necessary for, or incidental to, the effective exercise and performance of the powers and functions assigned to the region.
In electing delegates, a county assembly shall take into consideration ethnic and other diversities, including gender, represented in the county.
A regional assembly, while having due regard to the principle of the separation of powers, has power to maintain oversight over the regional executive committee and any other executive organs established by laws passed by the assembly.
Election of mayor and deputy mayor of Nairobi
The mayor and deputy mayor of Nairobi shall each be elected by more than half of the votes cast by voters who meet the requirements relating to residence within the region, prescribed by an Act of Parliament.
The election of the mayor and deputy mayor shall be by universal suffrage. Subject to clause (1), an Act of Parliamen shall prescribe the manner of election of the mayor and deputy mayor.
Functions of regional executive committees
(1) The members of the regional executive committee are responsible for the exercise of executive powers in relation to the functions and powers assigned to the region.
(2) The regional director may assign specific responsibilities to the members of the Committee.
Part 3—County governments
(1) There shall be a county government for each county, consisting of a county assembly and a county executive.
(2) Every county government shall decentralize its functions and the provision of its services to the extent that it is efficient and practicable to do so.
(3) Despite the provisions of this Chapter, the counties forming the Nairobi Region for the purposes of Article 129(5) shall not perform any other function, nor exercise any power, of a county government except as is provided in an Act of Parliament referred to in Article 215(3).
Members of county assembly
(1) A county assembly consists of:
(a) Members elected one each for the wards, either directly or through proportional representation, with such boundaries, as are prescribed by Act of Parliament, after taking account of recommendation of the Independent Electoral and Boundaries Commission;
(b) Such number of special seat members, in proportion to the votes received by each political party under clause (1) (a), as to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
(b) Such number of special seat members, in proportion to the votes received by each political party under clause (1) (a), as to ensure that no more than two-thirds of the membership of the assembly are of the same gender;
(c) Such number of members of marginalized groups, including persons with disabilities, minorities, older persons and youth, in proportion to the votes received by each political party under clause (l)(a), as are prescribed by Act of Parliament; and
(d) such number of independent candidates as may be elected under clause(1)(a).
(2) The filling of special seats under clause (1)(b) shall be determined after declaration of elected members from each ward.
(3) A county assembly is elected for a term of five years.
The regions into which Kenya is divided are Coast Region, Eastern Region, North Eastern Region, Rift Valley Region, Nyanza Region, Western Region, Central Region, Nairobi Metropolitan Region.
The counties into which Kenya is divided are:
Coast Region: Kwale, Mombasa, Taita Taveta, Kilifi, Lamu, Tana River, Malindi
Eastern Region: Makueni, Machakos, Kitui, Mwingi, Meru Central, Meru South, Meru North, Tharaka, Mbeere, Embu, Isiolo, Marsabit, Moyale
North-Eastern Region: Garissa, Ijara, Mandera, Wajir
Rift Valley Region: Kajiado, Narok, Trans Mara, Turkana, West Pokot, Marakwet, Trans Nzoia, Keiyo, Uasin Gishu, Nandi North, Nandi South, Kericho, Bureti, Bomet, Baringo, Koibatek, Nakuru, Samburu,Laikipia
Nyanza Region: Bondo, Nyando, Siaya, Suba Kuria, Ra-chuonyo, Kisii Central, Gucha, Nyamira, Kisumu, Homa Bay, Migori
Western Region: Busia, Bungoma, Teso, Mt Elgon, Lugari, Kakamega, Vihiga, Butere/Mumias
Central Regio: Kiambu, Thika, Murang'a, Maragua, Nyandarua, Nyeri, Kirinyaga
Nairobi Metropolitan Region: Westlands, Kasarani, Lang'ata, Embakasi
LAND
All land in Kenya is designated as public, community or private.
There will be a National Land Commission.
The functions of the National Land Commission are to—manage public land on behalf of the national and devolved governments, recommend to the national government a national land policy;
Advise the national government and devolved governments on a policy framework for the development of selected areas of Kenya, to ensure that the development of community and private land is in accordance with the development plan for those areas;
Investigate disputes of land ownership, occupation and access to public land in any area as provided for by legislation; Advise the national government on, and assist in the execution of, a comprehensive programme for the registration of title in land throughout Kenya;
Conduct research related to land and the use of natural resources and make recommendations to appropriate authorities; initiate investigations, on its own or on a complaint, into present or historical land initiate investigations on its own or on a complaint, into present or historical land injustices and recommend appropriate redress;
Facilitate the participation of communities in the formulation of land policy; encourage the application of traditionally accepted systems of dispute resolution in land conflicts;
Assess tax on land and premiums on property in any area designated by law;
Monitor and have oversight responsibilities over land use planning throughout the country;
Consolidate and from time to time review all laws relating to land; and initiate revision of all sectoral land use laws in accordance with the national land policy.
The National Land Commission shall establish offices throughout Kenya.
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