Chapter 18

Transitional and Consequential Provisions

Articles 261–264

Moving from old to new order

In the classroom: Chapter Eighteen (Articles 261–264) and the Sixth Schedule set how Kenya moved from the former constitutional order into the 2010 system.

Articles 261–264

261 — consequential legislation within set timeframes; 262 — transitional and consequential provisions are in the Sixth Schedule; 263 — effective date; 264 — repeal of the previous Constitution.

Sixth Schedule

Contains detailed transitional and consequential provisions referred to in Article 262.

See also the course page on Schedules for the First–Sixth Schedules.

Multiple choice — 10 questions

Think of your answer, then open Correct answer & explanation for each question.

1. Chapter Eighteen covers:

A) Transitional and consequential provisions B) Bill of Rights only C) Public finance only D) National security only

Correct answer & explanation

Correct: A — Chapter Eighteen contains transitional provisions.

2. The Sixth Schedule mainly deals with:

A) Transitional arrangements at commencement B) County flags only C) Tax rates D) School terms

Correct answer & explanation

Correct: A — The Sixth Schedule sets out transitional and consequential provisions.

3. Transitional provisions help:

A) Move from the old constitutional order smoothly B) Erase all prior law instantly C) Abolish courts D) Remove all rights

Correct answer & explanation

Correct: A — Transitional provisions ensure orderly change.

4. Article 262 allows Parliament to:

A) Enact transitional and consequential legislation B) Ignore the Constitution C) Only amend counties D) Dissolve the Judiciary

Correct answer & explanation

Correct: A — Article 262 empowers transitional legislation.

5. The first devolved elections were part of:

A) The transitional roadmap in the Sixth Schedule and related law B) Ancient Rome C) Only national law abroad D) No plan

Correct answer & explanation

Correct: A — The Sixth Schedule and implementing Acts phased in county governments.

6. Existing judges continued in office under:

A) Transitional provisions subject to new laws B) Immediate dismissal C) Foreign appointment D) No courts

Correct answer & explanation

Correct: A — Transitional clauses preserved judicial continuity.

7. Consequential legislation means laws needed to:

A) Give full effect to the new Constitution B) Repeal everything C) Only change flags D) Ban devolution

Correct answer & explanation

Correct: A — Consequential Acts implement constitutional provisions.

8. If a pre-2010 law conflicts with the 2010 Constitution:

A) The Constitution prevails to the extent of inconsistency (Article 2) B) The old law always wins C) Counties decide D) No rule

Correct answer & explanation

Correct: A — Article 2(1) establishes supremacy of the Constitution.

9. You should read the Schedules for:

A) National symbols, oaths, county functions, and transition B) Only jokes C) Only maps D) Foreign treaties only

Correct answer & explanation

Correct: A — Schedules contain important detail — see the Schedules page in this course.

10. Chapter Eighteen is found:

A) At the end of the Constitution before Schedules B) At the start only C) Only online D) In county bylaws

Correct answer & explanation

Correct: A — Transitional provisions typically appear near the end of the constitutional text.

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