The Constitution of Kenya (2010) contains key terms that help Kenyans interpret and understand their rights, governance structures, and legal frameworks. Below is a list of important constitutional terms and their meanings:
🔹 General Terms
✔ Adult – A person who has attained the age of 18 years.
✔ Child – A person who has not attained the age of 18 years.
✔ Youth – Individuals in Kenya who are between the ages of 18 and 35 years.
✔ Older Member of Society – A person who has attained the age of 60 years.
🔹 Governance & Legislation
✔ Effective Date – The date when the Constitution came into force (August 2010).
✔ County Legislation – A law made by a county government or its county assembly.
✔ National Legislation – A law made by Parliament or an Act passed under its authority.
✔ Public Office – Any office in national or county government, where salaries and benefits are paid from the Consolidated Fund or Parliament allocations.
✔ State Organ – A commission, office, agency, or other body established by the Constitution.
🔹 Public Officers & Institutions
✔ State Office – Includes the President, Deputy President, Cabinet Secretaries, MPs, Governors, Judges, Attorney General, Defence Forces Chiefs, and other constitutional office holders.
✔ State Officer – Any person holding a State office.
✔ Public Officer – Includes State officers and anyone else working in public service.
✔ Judicial Officer – Includes registrars, magistrates, Kadhis, and presiding officers of lower courts.
🔹 Finance & Economy
✔ Financial Year – A period of 12 months ending on June 30th unless otherwise set by law.
✔ Loan – Any borrowing, lending, or deferred payment using public funds.
✔ Guarantee – A commitment by the national government to repay a loan for a county government or a person.
🔹 Land & Natural Resources
✔ Land – Includes the earth’s surface, subsurface rock, water bodies, marine waters, natural resources, and air space above land.
✔ Natural Resources – Includes sunlight, water, forests, biodiversity, minerals, fossil fuels, and energy sources.
✔ Property – Includes land, buildings, personal property, intellectual property, money, and financial instruments.
🔹 Rights & Social Equity
✔ Affirmative Action – A measure to correct past inequalities and systemic injustices.
✔ Disability – Any physical, sensory, mental, or psychological condition that significantly affects a person’s daily activities.
✔ Marginalised Community – Groups that have been historically excluded from economic and social life, such as pastoralists, indigenous tribes, and isolated rural communities.
✔ Marginalised Group – Any group that has faced discrimination before or after the adoption of the 2010 Constitution.
🔹 Documentation & Communication
✔ Document – Includes written, printed, electronic, or inscribed material used to store or record information.
✔ Gazette – The Kenya Gazette, an official publication of government notices and legal documents.
✔ Writing – Includes printed material, typewriting, photography, Braille, and other written representations.
✅ Reference: Article 260 of the Constitution of Kenya (2010) contains more definitions of legal and governance terms.
