- SUBSIDIARY LEGISLATION
Arrangement of Sections
THE CONSTITUTION OF KENYA
THE CONSTITUTION OF KENYA REVIEW ACT, 2008 ( No. 9 of 2008 )
THE NEW CONSTITUTION OF KENYA PROMULGATION
[L.N. 133/2010.]

WHEREAS the people of Kenya, in exercise of their sovereign right to replace the Constitution, ratified the proposed New Constitution of Kenya through a referendum held on the 4th August, 2010, in accordance with the provisions of section 47A of the Constitution of Kenya and Part V of the Constitution of Kenya Review Act, 2008;

AND WHEREAS the Constitution of Kenya (Amendment) Act, 2008 and the Constitution of Kenya Review Acts of 1997 and 2008, as variously amended, provided a legal framework for the comprehensive review and replacement of the current Constitution by the people of Kenya, which ensured that the review process—

(a)

accommodated the diversity of the Kenyan people, including socio economic status, race, ethnicity, gender, religious faith, age, occupation, learning, persons with disabilities and the disadvantaged and was guided by respect for the universal principles of human rights, gender equity and democracy;

(b)

provided the people of Kenya an opportunity to actively, freely and meaningfully participate in generating and debating proposals to alter the Constitution;

(c)

resulted in a new Constitution which faithfully reflected the wishes of the people of Kenya;

AND WHEREAS for the last two decades, the people of Kenya have yearned for a new Constitution which—

(a)

guarantees peace, national unity and integrity of the Republic of Kenya in order to safeguard the well-being of the people of Kenya;

(b)

establishes a free and democratic system of Government that ensures good governance, constitutionalism, the rule of law, human rights and gender equity;

(c)

recognises and demarcates divisions of responsibility among the various state organs, including the executive, the legislature and the judiciary, so as to create checks and balances between them and to ensure accountability of the Government and its officers to the people of Kenya;

(d)

promotes the people’s participation in the governance of the country through democratic, free and fair elections and the devolution and exercise of power and further ensures the full participation of the people in the management of public affairs;

(e)

respects the pride of the people of Kenya in their ethnic, cultural and religious diversity and their determination to live in peace and unity as one indivisible sovereign nation;

(f)

ensures the provision of basic needs of all Kenyans through the establishment of an equitable framework for economic growth and equitable access to national resources;

(g)

strengthens national integration and unity and commits Kenyans to peaceful resolution of national issues through dialogue and consensus;

NOW THEREFORE, in exercise of the powers conferred on me by section 47A (6) of the Constitution of Kenya and section 43A of the Constitution of Kenya Review Act, 2008, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, declare that the Constitution set out in the Schedule shall be the new Constitution of Kenya with effect from the 27th August, 2010.

SCHEDULE—(The Constitution of Kenya).

CONSTITUTION OF KENYA
CONCERNING CREATION OF A COMMEMORATIVE AWARD
[L.N. 197/2010.]
PROCLAMATION

IN EXERCISE of the powers vested in me by section 132(4)(c) of the Constitution of Kenya and all other powers enabling me in that behalf, I, Mwai Kibaki, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, create the commemorative award specified in the First Schedule and establish in respect thereof the rules set out in the Second Schedule.

FIRST SCHEDULE

PROMULGATION OF THE NEW CONSTITUTION COMMEMORATIVE MEDAL

SECOND SCHEDULE

RULES GOVERNING THE COMMEMORATIVE AWARD
1.

The Medal shall be known as the “Promulgation of the New Constitution Commemorative Medal.”

2.

The Medal shall consist of cupro-nickel with beaded finish designed round with an insignia of the President holding the New Constitution Booklet aloft on the top side with the wording "PRESIDENT MWAI KIBAKI-PROMULGATION OF NEW CONSTITUTION" and on the reverse shall be the map of Kenya and the Emblem of Justice.

3.

The Medal may be awarded to all members of the Disciplined Services, recommended Public Service Officers, political leaders, members of the Defence Forces and other uniformed services and to prominent personalities who contributed significantly to the realization of the New Constitution of 27th August, 2010.

4.

Non-Kenyan may be awarded the Medal.

5.

The Medal may be awarded posthumously approval of the award of the medal shall maintain records of the names.

6.

The officers to whom authority has been delegated for the approval of the award of the media shall maintain records of the names of those to whom it has been awarded and publish those names in appropriate orders.

7.

The Medal shall be worn on the left breast pendant from its riband in such a position in regard to other orders, decorations or medals.

8.

The issue of the Promulgation of the New Constitution Commemorative Medal shall be restricted to a single award on the anniversary of the Promulgation of the New Constitution, the 27th August, 2010.

9.

The President may annul the award of the medal and may also restore it after annulment and any annulment or restoration shall be published in the Kenya Gazette.

CONSTITUTION OF KENYA
PUBLIC PROSECUTIONS – DELEGATION OF POWERS
[L.N. 72/2005, L.N. 134/2010, L.N. 104/2011.]

IN EXERCISE of the powers conferred by Article 157(9) of the Constitution of Kenya, the Director of Public Prosecutions orders that all powers vested in him by Article 157(4) and (6) of the Constitution shall be exercised by the persons for the time being holding the offices specified in the Schedule, acting in accordance with his general or special instructions.

SCHEDULE

Chief Public Prosecutor.

Deputy Chief Public Prosecutor.

Chief State Counsel.

Special Public Prosecutor.

Senior Deputy Prosecution Counsel.

Deputy Prosecution Counsel.

Assistant Deputy Public Prosecutor/Senior Principal State.

Counsel/Senior Principal Prosecution Counsel.

Principal State Counsel/Principal Prosecution Counsel.

Senior State Counsel/Senior Prosecution Counsel.

State Counsel/Prosecution Counsel.

This Notice shall be deemed to have come into operation on the 20th June, 2011.

Legal Notice No. 134 of 2010 is revoked.

CONSTITUTION OF KENYA
PUBLIC PROSECUTIONS – DELEGATION OF POWERS
[L.N. 138/2012.]

IN EXERCISE of the powers conferred by article 157(9) of the Constitution of Kenya, the Director of Public Prosecutions orders that all powers vested in him by article 157(4) and (6) of the Constitution shall be exercised by the persons for the time being holding the offices specified in the Schedule, acting in accordance with his general or special instructions.

SCHEDULE

Deputy Director of Public Prosecutions.

Senior Assistant Director of Public Prosecutions.

Assistant Director of Public Prosecutions.

Senior Principal Prosecution Counsel.

Principal Prosecution Counsel.

Senior Prosecution Counsel.

Prosecution Counsel I.

Prosecution Counsel II.

CONSTITUTION OF KENYA
PROCLAMATION
CONCERNING CREATION OF A COMMEMORATIVE AWARD
[L.N. 106/2012.]

By His Excellency the Honourable Mwai Kibaki, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya.

In Exercise of the powers conferred by section 23 of the former Constitution and all powers enabling me in that behalf, I, Mwai Kibaki, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, create the commemorative award specified in the First Schedule and establish in respect thereof the rules set out in the Second Schedule.

FIRST SCHEDULE

THE LINDA NCHI CAMPAIGN MEDAL

SECOND SCHEDULE

RULES GOVERNING THE COMMEMORATIVE AWARD
1.

The medal shall be known as “The Linda Nchi Campaign Medal” (hereinafter referred to as “the medal”).

2.

The medal shall consist of a cupro-nickel finishing polished and circular in design measuring 36 millimetres in diameters bearing an insignia of the head and bust image of the President of the Republic of Kenya at the centre surrounded by the inscriptions “H.E. HON. MWAI KIBAKI” and the “PRESIDENT OF THE REPUBLIC OF KENYA” on the observe and on the reverse it shall depict a lion holding a spear surmounted on the map of Kenya in its background surrounded with the inscriptions “REPUBLIC OF KENYA” and “LINDA NCHI CAMPAIGN MEDAL”. The medal is suspended from a bead and on a ring. The ring is attached to a ribbon, 32 millimetres in width and on 50 millimetres in length. On the ribbon bar are golden stripes at each end of 35 millimetres and two small stripes of green colour separated in the middle by a thin white stripe at the centre measuring 4 millimetres.

3.

The medal shall be awarded to all ranks of the Kenya Army, the Kenya Air Force, the Kenya Navy and the National Police Service who have served for at least thirty days, not necessarily consecutively, in Operation Linda Nchi, an operation against the Al-Shabaab in the operation area.

4.

For the purpose of this proclamation—

(a)

“Operation Area” means the territory of the Republic of Somalia including its territorial seas and the exclusive economic zone; and

(b)

“serving in an operation area” means either being stationed in the Operation Area or accompanying or escorting a convoy or carrying out operational flights or operational maritime manoeuvres into the Operation Area.

5.

Notwithstanding paragraph 3, the medal shall be awarded to—

(a)

all ranks of the Kenya Defence forces who participated or assisted in the planning of the operations against Al Shabaab and in the command and control of the Kenya Defence Forces during the operation; and

(b)

the aircrew of all ranks who flew sorties or missions during the operation.

6.

The medal may be awarded posthumously to a deceased officer and it shall not be mandatory that the officer should have served for at least thirty cumulative days in the Operation Area before the date of death, provided that the proximate cause of death arose in the Operation Area.

7.

The officer to whom authority has been delegated for the approval of the award of the medal shall maintain records of the names of those to whom the medal has been awarded and publish those names in the appropriate order.

8.

The medal shall be worn on the left breast pendant from its ribband in such a position in regard to other orders, decorations and medals.

9.

The President may annul and restore the award of the medal by notice in the Gazette.

CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Scope and objectives.

PART II – PROCEDURE FOR INSTITUTING COURT PROCEEDINGS

4.

Contravention of rights or fundamental freedoms.

5.

Addition, joinder, substitution and striking out of parties.

6.

Friend of the Court.

7.

Interested party.

8.

Place of filing.

9.

Notice of institution of the petition.

10.

Form of petition.

11.

Documents to be annexed to affidavit or petition.

12.

Registrar to assist in filing of petitions.

13.

Petitions filed under certificate of urgency.

14.

Service of petition.

15.

Reply to a petition.

16.

Failure to respond within stipulated time.

17.

Consolidation.

18.

Amendment of pleadings.

18.

Amendment of pleadings.

19.

Formal applications.

PART III – HEARING AND DETERMINATION OF COURT PROCEEDINGS

20.

Hearing of petition.

21.

Evaluating petition for directions and allocating hearing dates.

22.

Written submissions.

23.

Conservatory or interim orders.

24.

Application under rule 23.

25.

Setting aside, varying or discharge.

26.

Costs.

27.

Withdrawal or discontinuance.

28.

Acquiescence.

29.

Settlement by consent.

30.

Extension of time.

31.

Use of alternative dispute resolution.

32.

Stay pending appeal.

33.

Court Fees.

34.

Waiver of court fees.

35.

Practice Directions.

36.

Review.

SCHEDULE