The Constitution of Kenya

Chapter X: General

121

Resignations.

122

Re-appointments and Concurrent Appointments .

123

Imeriarotatioa.

CHAPTER X

                                     GENERAL

Resignations

121. (1) A person who is appointed, elected or otherwise selected to an office established by or under this 
Constitution may resign from that office by writing under his 
hand addressed to the person or authority by whom he was 
appointed, elected or otherwise selected: 
Provided that-


(i) the resignation of a person from the office of President... 
(...missing text...)


(ii) the resignation of a person from the office of Speaker 
or Deputy Speaker of the National Assembly shall 
be addressed to the Assembly; 
(iii) the resignation of a person from the office of member 
of the National Assembly or from the office of chairman or member of a committee of the National 
Assembly shall be addressed to the Speaker of the 
Assembly. 

(2) The resignation of a person from an office as 
aforesaid shall take effect when the writing signifying the 
resignation is received by the person or authority to whom it 
is addressed or a person authorized by that person or authority 
to receive it.


Reappointments and concurrent appointments

122. (1) Where a person has vacated an office established by or under this Constitution, he may, if qualified, 
again be appointed, elected or otherwise selected to hold that 
office in accordance with this Constitution. 

(2) Where this Constitution vests in a person or 
authority the power to make an appointment to an office 
(other than the office of Vice-President or Minister), a person 
may be appointed to that office, notwithstanding that some 
other person may be holding that office, when that other 
person is on leave of absence pending the relinquishment of 
the office; and where two or more persons are holding the 
same office by reason of an appointment made in pursuance 
of tbis subsection, then, for the purposes of any function conferred upon the holder of that office, the person last
appointed 
shall be deemed to be the sole holder of the office. 

Interpretations

123. (1) In this Constitution, unless the context otherwise requires:-


     "the Commonwealth" means Kenya, a country to which 
     < section 95 applies and a dependency of any such country; 
     "district" means one of the districts into which Kenya is 
     divided in the manner prescribed by an Act of Parliament; 
     "the East African Community" means the East African 
     Community established by Article 1 of the Treaty for East 
     African Co-operation signed on 6th June, 1967, and includes 
     the corporations specified in Article 71 of that Treaty and the 
     East African Development Bank established by Article 21 of 
     that Treaty; 
     "financial year" means the period of twelve months 
     ending on 30th June or on such other day as Parliament may 
     prescribe; 
     "Kenya" means the territory comprised in Kenya on 12th 
     December, 1963 and the territorial waters of Kenya as for 
     the time being defined by an Act of Padiiaxnent; 
     "local authority" means a municipal, county, town or 
     urban council, or a council for any other area, established by 
     or under an Act of Parliament;

     "oath" includes affirmation; 
     "the oath of allegiance" means an oath of allegiance 
     as may be prescribed by Parliament; 
     "person" includes a body of persons corporate or 
     unincorporate;

     "political party" means a political party which is duly 
     registered under any law which requires political parties to be 
     registered, and which has complied with the requirements of 
     any law as to the constitution or rules of political parties 
     nominating candidates for the National Assembly. 
     "province" means one of the provinces into which Kenya 
     is divided in the manner prescribed by an Act of Padiiainent; 
     "public officer" means a person holding or acting in an 
     office in the public service; 
     "the public service" includes the public service at any 
     time before 12th December, 1963; 
     "session" means the period beginning when the National 
     Assembly first sits after 11th December, 1963 or after Parliament is prorogued or dissolved at any time
     and ending when 
     Parliament is prorogued or is dissolved without having been 
     prorogued; 
     "sitting" means, in relation to the National Assembly, a 
     period during which the Assembly is sitting without adjournment and includes any period during which it is
     in committee; 
     "subordinate court" means a court of law in Kenya 
     other than:-


          (a) the High Court; 
          (b) a court having jurisdiction to hear appeals from the 
          High Court; or 
          (c) a court-martial;

     "writing" includes printing and any other mode of reproducing words in a visible form.


(2) Except where the context otherwise requires, any 
powers conferred upon Parliament by this Constitution to 
establish, provide for or prescribe any matter or thing shall be 
exercisable by Act of Parliament. 

(3) For the purposes of this Constitution, a person shall 
not be regarded as holding an office by reason only of the 
fact that he is in receipt of a pension or other similar 
allowance. 

(4) In this Constitution, unless the context otherwise 
requires, a reference to the holder of an office by the term 
designating his office shall be construed as including, to the 
extent of his authority, a reference to any person for the time 
being authorized to exercise the functions of that office. 

(5) Where this Constitution confers a power or imposes 
a duty, then, unless the contrary intention appears, the power 
may be exercised and the duty shall be performed from time 
to time as occasion arises. 

(6) Subject to this Constitution, any provision in this 
Constitution that vests in a person or authority the power 
to remove a public officer from his office shall be without 
prejudice to the power of a person or authority to abolish 
an office or to any law providing for the compulsory retirement of public officers generally or any class of public
officers 
on attaining an age specified therein. 

(7) Where this Constitution vests in a person or authority 
the power to appoint a person to act in or to exercise the 
functions of an office if the holder thereof is himself unable 
to exercise those functions, no such appointment shall be 
called in question on the grounds that the holder of the office 
was not unable to exercise those functions. 

(8) No provision of this Constitution that a person or 
authority shall not be subject to the direction or control of 
any other person or authority in the exercise of any functions 
under this Constitution shall be construed as precluding a 
court from exercising jurisdiction in relation to any question 
whether that person or authority has exercised those functions 
in accordance with this Constitution or any other law. 

(9) In this Constitution, unless the context otherwise 
requires:- 


     (a) words importing the masculine gender shall include 
     females; 
     (b) words in the singular shall include the plural, and 
     words in the plural shall include the singular. 


(10) Where an order, regulation or rule, or any amendment or revocation thereof, made under a power
conferred by 
this Constitution comes into operation on a particular day, 
it shall come into operation at the beginning of that day. 

(11) Where a power is conferred by this Constitution 
to make an order, regulation or rule or pass a resolution 
or give a direction or make a declaraition or designation, 
the power shall be construed as including the power, exerciable in the same manner and subject to the same
conditions, 
if any, to amend or revoke the order, regulation, rule, resolution, direction, declaration or designation. 

(12) A reference in this Constitution to a law made 
before 12th December, 1963 shall, unless the context otherwise requires, be construed as a reference to that
law as it 
had effect on 11th December, 1963. 

(13) A reference in this Constitution to a law that 
amends or replaces another law shall be construed as including a reference to a law that modifies, re-enacts,
with or 
without amendment or modification, or makes different 
provision in place of that other law.