Article 58 Of The Constitution Of Kenya: State Of Emergency

President William Ruto, on Tuesday, called on the deployment of the Kenya Defense Forces (KDF) to counter the protesters who had taken to the streets. President William Ruto’s declaration was interpreted to mean a State of Emergency.

Here is what Article 58 of the Constitution of Kenya says:

(1) A state of emergency may be declared only under Article 132 (4) (d) and only when–

(a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster, or other public emergency; and

(b) the declaration is necessary to meet the circumstances for which the emergency is declared.

(2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only–

(a) prospectively; and

(b) for not longer than fourteen days from the declaration date, unless the National Assembly resolves to extend the declaration.

(3) The National Assembly may extend a declaration of a state of emergency–

(a) by resolution adopted—

(i) following a public debate in the National Assembly; (ii) by the majorities specified in clause (4); and

(b) for not longer than two months at a time.

(4) The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

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(5) The Supreme Court may decide on the validity of–

(a) a declaration of a state of emergency;

(b) any extension of a declaration of a state of emergency; and

(c) any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.

(6) Any legislation enacted in consequence of a declaration of a state of emergency–

(a) may limit right or fundamental freedom in the Bill of Rights only to the extent that–

(i) The limitation is strictly required by the emergency,

(ii) the legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency, and

(b) shall not take effect until it is published in the Gazette.

(7) A declaration of a state of emergency, legislation enacted, or other action taken in consequence of any declaration, may not permit or authorize the indemnification of the State, or any person, in respect of any unlawful act or omission.

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