Chapter 18

Transitional and Consequential Provisions

Articles 261–264

Chapter Eighteen moves from the old constitutional order into the 2010 system: consequential legislation, the Sixth Schedule, effective date, and repeal of the prior Constitution.

In the classroom: Chapter Eighteen closes the 2010 Constitution: Parliament’s duty to pass consequential laws on Fifth Schedule timelines, court enforcement and possible dissolution if deadlines are missed, the Sixth Schedule as the transitional code, the moment this Constitution comes into force, and repeal of the prior Constitution subject to that Schedule.

Articles 261–264 — Consequential legislation, Sixth Schedule, effective date, and repeal

✎ Multiple Choice — 10 Questions

Questions 1–7 follow Chapter 18; 8–10 are short scenarios. Choose an answer for each question. Use Clue for a hint (overlay). Correct answers and explanations appear only after all ten are answered and you click See results.

1. Chapter Eighteen covers:

2. Article 261 primarily requires Parliament to:

3. Under Article 261(2), the period for required legislation may be extended by:

4. If Parliament fails to enact required legislation in time, who may petition the High Court?

5. If Parliament still fails after a High Court order under Article 261(6)(b), the Chief Justice must:

6. Article 262 provides that transitional and consequential provisions are found in:

7. Article 263 states this Constitution came into force:

8. Article 264 repeals the previous Constitution:

9. If a new Parliament is elected after dissolution under Article 261(7), it must enact the required legislation:

10. If the new Parliament also fails under Article 261(8), what follows?

Your saved score appears here after you complete this lesson.

Read full chapter text
================================================================================
THE CONSTITUTION OF KENYA, 2010 — Chapter 18
Extracted from: constitution/Constitution_of_Kenya_2010.txt
================================================================================

                                  Chapter Eighteen
                    TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

261. Consequential legislation
       (1)   Parliament shall enact any legislation required by this Constitution to be enacted to govern a
             particular matter within the period specified in the Fifth Schedule, commencing on the effective
             date.

       (2)   Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-
             thirds of all the members of the National Assembly, extend the period prescribed in respect of any
             particular matter under clause (1), by a period not exceeding one year.

       (3)   The power of the National Assembly contemplated under clause (2), may be exercised—

             (a) only once in respect of any particular matter; and

             (b) only in exceptional circumstances to be certified by the Speaker of the National Assembly.

       (4)   For the purposes of clause (1), the Attorney-General, in consultation with the Commission for the
             Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament,
             as soon as reasonably practicable, to enable Parliament to enact the legislation within the period
             specified.

       (5)   If Parliament fails to enact any particular legislation within the specified time, any person may
             petition the High Court on the matter.

       (6)   The High Court in determining a petition under clause (5) may—

             (a) make a declaratory order on the matter; and

             (b) transmit an order directing Parliament and the Attorney-General to take steps to ensure that the
             required legislation is enacted, within the period specified in the order, and to report the progress
             to the Chief Justice.

       (7)   If Parliament fails to enact legislation in accordance with an order under clause (6)(b), the
             Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve
             Parliament.

       (8)   If Parliament has been dissolved under clause (7), the new Parliament shall enact the required
             legislation within the periods specified in the Fifth Schedule beginning with the date of
             commencement of the term of the new Parliament.

       (9)   If the new Parliament fails to enact legislation in accordance with clause (8), the provisions of
             clauses (1) to (8) shall apply afresh.


262. Transitional and consequential provisions
      The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the
      effective date.


263. Effective Date
      This Constitution shall come into force on its promulgation by the President or on the expiry of a period of
      fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying
      this Constitution, whichever is the earlier.

264. Repeal of previous Constitution
       Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the
       effective date shall stand repealed on the effective date.