Kenya

Population Statistics

45,115,196

Total Population

6,767,279

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

19 May 2008

Ratified the Convention on the Rights of Persons with Disabilities


Constitution of Kenya (2010)

Updated: June 2015

Article 54 states:

...(2) The state shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities

 

Article 98 states:

(1) The Senate consists of…

  • (d) two members, being one man and one women, representing persons with disabilities…

 

Article 99, section 2 states:

A person is disqualified from being elected a member of Parliament if the person:…

  • (e) is of unsound mind…

 

Article 100 states:

Parliament shall enact legislation to promote the representation in Parliament of:…

  • (b) persons with disabilities…

 

Article 144, section 1 states:

A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the President’s physical or mental capacity to perform the functions of office.

 

Article 150, section 1 states:

The Deputy President may be removed from office:

  • (a) on the ground of physical or mental incapacity to perform the functions of the office…

 

Article 158, section 1 states:

The Director of Public Prosecutions may be removed from office only on the grounds of: (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 168, section 1 states:

A judge of a superior court may be removed from office only on the grounds of:

  • (a) inability to perform the functions of office arising from mental or physical incapacity…

 

Article 177, section 1 states:

A county assembly consists of:..

  • (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament…

 

Article 181, section 1 states:

A county governor may be removed from office on any of the following grounds:…

  • (d) physical or mental incapacity to perform the functions of office of county governor…

 

Article 193, section 2 states:

A person is disqualified from being elected a member of a county assembly if the person:…

  • (d) is of unsound mind…

 

Article 245, section 7 states:

The Inspector-General may be removed from office by the President only on the grounds of:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Article 251, section 1 states:

A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for:…

  • (c) physical or mental incapacity to perform the functions of office…

 

Excerpts from the Constitution of Kenya (2010)

Elections Act (2011)

Updated: June 2015

Article 13, section 2 states:

…Provided that in the event of the death, resignation or incapacity of the nominated candidate…the political part may after notifying the candidate that the party seeks to substitute, where applicable, substitute its candidate before the date of presentation of nomination papers to the Commission.

 

Article 15, section 1 states:

…Provided that in the event of death, resignation or incapacity or the nominated candidate…the political party may substitute its candidate…

 

Article 18 states:

…Provided that in the event of death, resignation or incapacity or the nominated candidate…the political party may substitute its candidate…

 

Article 36, section 1 states:

A party list submitted by a political party under:…

  • (f) Article 177 (1) (b) of the Constitution shall include eight candidates, at least two of whom shall be persons with disability…

 

Article 36, section 3 states:

The party list referred to under subsection (1)(f) shall prioritise a person with disability...

 

Excerpts from the Elections Act (2011)