Kenya · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in Kenya, and how to confirm it is still in force.
Sources of law, ranked
- Constitution
- Supreme; article 2 voids inconsistent law and directly incorporates treaties.
- Acts of Parliament
- National Assembly and Senate legislation.
- County legislation
- County assemblies legislate on Fourth Schedule functions.
- Common law and equity
- Received English rules as developed by Kenyan courts.
- Customary law
- Applied in civil cases where not repugnant to justice and morality.
- Islamic law
- Applied by Kadhis' courts in Muslim personal status matters.
The legislative process
Bills are read three times with committee scrutiny and public participation, which the courts treat as a justiciable requirement. Bills concerning counties must pass both chambers. The President assents or refers the bill back with reservations, which Parliament may override by two-thirds.
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