Fifth Schedule

Legislation to be enacted by Parliament

Article 261(1) — timelines for consequential legislation

The Fifth Schedule listed legislation Parliament was to enact within specified periods after the effective date, implementing many constitutional provisions.

In the classroom: Read with Chapter Eighteen and Article 261. The Schedule was central to the transition from adoption to a functioning statutory framework.

Implementation roadmap · Article 261(1)

Chapter and article — time specification

Chapter / articleTime specification
Legislation in respect of culture (Article 11(3)) Five years
Legislation on citizenship (Article 18) One year
Freedom of the media (Article 34) Three years
Family (Article 45) Five years
Consumer protection (Article 46) Four years
Fair administrative action (Article 47) Four years
Fair hearing (Article 50) Four years
Rights of persons detained, held in custody or detained (Article 51) Four years
Kenya National Human Rights and Equality Commission (Article 59) One year
Community land (Article 63) Five years
Regulation of land use and property (Article 66) Five years
Legislation on land (Article 68) 18 months
Agreements relating to natural resources (Article 71) Five years
Legislation regarding environment (Article 72) Four years
Ethics and anti-corruption commission (Article 79) One year
Legislation on leadership (Article 80) Two years
Legislation on elections (Article 82) One year
Electoral disputes (Article 87) One year
Independent Electoral and Boundaries Commission (Article 88) One year
Legislation on political parties (Article 92) One year
Promotion of representation of marginalised groups (Article 100) Five years
Vacation of office of member of Parliament (Article 103) One year
Right of recall (Article 104) Two years
Determination of questions of membership of Parliament (Article 105) Two years
Right to petition Parliament (Article 119) Two years
Power of mercy (Article 133) One year
Assumption of office of president (Article 141) Two years
System of courts (Article 162) One year
Removal from office (Article 168) One year
Judiciary Fund (Article 173) Two years
Vetting of judges and magistrates (Sixth Schedule, section 23) One year
Speaker of a county assembly (Article 178) One year
Urban areas and cities (Article 184) One year
Support for county governments (Article 190) Three years
Removal of a county governor (Article 181) 18 months
Vacation of office of member of county assembly (Article 194) 18 months
Public participation and county assembly powers, privileges and immunities (Article 196) Three years
County assembly gender balance and diversity (Article 197) Three years
Legislation to effect Chapter eleven (Article 200 and Sixth Schedule, section 15) 18 months
Revenue Funds for county governments (Article 207) 18 months
Contingencies Fund (Article 208) One year
Loan guarantees by national government (Article 213) One year
Financial control (Article 225) Two years
Accounts and audit of public entities (Article 226) Four years
Procurement of public goods and services (Article 227) Four years
Values and principles of public service (Article 232) Four years
National security organs (Article 239) Two years
Command of the National Police Service (Article 245) Two years
Any other legislation required by this Constitution (General) Five years

Multiple choice — 10 questions

Questions link the Fifth Schedule to Article 261 and Chapter Eighteen. Use Clue if needed.

1. The Fifth Schedule works most directly with:

2. Legislation on citizenship (Article 18) was to be enacted within:

3. Freedom of the media (Article 34) legislation timeline in the Fifth Schedule is:

4. Legislation on land (Article 68) is listed at:

5. The Independent Electoral and Boundaries Commission (Article 88) is listed at:

6. “Any other legislation required by this Constitution” in the General row is:

7. If Parliament missed a deadline, Article 261 allows enforcement including:

8. Vetting of judges and magistrates (Sixth Schedule, section 23) is listed at:

9. Support for county governments (Article 190) is listed at:

10. The Fifth Schedule is best described as:

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