Kenya Constitution Course

The Schedules to the Constitution

The Constitution is not only chapters — Schedules carry crucial detail.

In the classroom: Think of Schedules as constitutional appendices. They are part of the Constitution itself, not optional extras. They list the counties, national symbols, oaths of office, the division of functions between national and county governments, implementation timelines, and the transitional rules that moved Kenya into the 2010 constitutional order.

First Schedule

What it contains: The 47 counties of Kenya, as referenced in Article 6(1).

Why it matters: It gives the formal county structure of the Republic and anchors the territorial side of devolution.

Second Schedule

What it contains: The national symbols of the Republic, referenced in Article 9(2).

Why it matters: National symbols express national identity and constitutional continuity.

Third Schedule

What it contains: The national oaths and affirmations for State officers, including the President and other constitutional office holders.

Why it matters: These oaths connect public office to constitutional duty, loyalty, and integrity.

Fourth Schedule

What it contains: Distribution of functions between the national government and county governments — who does roads, health, agriculture, etc.

Why it matters: This is the practical map of devolution. Use it in every debate on “who should fix this road?”

Fifth Schedule

What it contains: The list of legislation Parliament had to enact within specified timelines after the effective date under Article 261(1).

Why it matters: It was the implementation roadmap for turning constitutional promises into working institutions and laws.

Sixth Schedule

What it contains: Transitional and consequential provisions — how the old order moved to the new (e.g. continuation of laws, first elections under the new system).

Why it matters: It explains how continuity was preserved while the new constitutional system was being built.

How to read the Schedules: Read the First Schedule with Chapter Two, the Third Schedule with Chapter Six and offices of State, the Fourth Schedule with Chapter Eleven on devolution, the Fifth Schedule with Article 261, and the Sixth Schedule with Chapter Eighteen.

Check your understanding — Schedules

Which Schedule divides functions between national and county governments?
Answer: The Fourth Schedule.
Where are the oaths of office found?
Answer: The Second Schedule.
Which Schedule is most important for understanding devolution in practice?
Answer: The Fourth Schedule (together with Chapter Eleven Articles 174–196).