Constitution of Kenya (Repealed) - Kenya Law Reports

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46 Constitution of Kenya[Rev. 2009Summoning ofParliament.58. (1) Subject to this section, each session of Parliament shall beheld at such place within Kenya and shall commence at such time as thePresident may appoint.(2) There shall be a session of Parliament at least once in everyyear, so that a period of twelve months shall not intervene between thelast sitting of the National Assembly in one session and the first sittingthereof in the next session.(3) Whenever Parliament is dissolved, a general election of membersof the National Assembly shall be held, and the first session of the newParliament shall commence within three months after that dissolution.(4) Subject to this section, the sittings of the National Assembly in asession of Parliament shall be held at such time and on such days as maybe determined in accordance with the standing orders of the Assembly.Prorogation anddissolution ofParliament.59. (1) The President may at any time prorogue Parliament.(2) The President may at any time dissolve Parliament.(3) If the National Assembly passes a resolution which is supportedby the votes of a majority of all the members of the Assembly (excludingthe ex officio members), and of which not less than seven days’ noticehas been given in accordance with the standing orders of the Assembly,declaring that it has no confidence in the Government of Kenya, and thePresident does not within three days of the passing of that resolutioneither resign from his office or dissolve Parliament, Parliament shall standdissolved on the fourth day following the day on which that resolutionwas passed.(4) Parliament, unless sooner dissolved, shall continue for five yearsfrom the date when the National Assembly first meets after dissolutionand shall then stand dissolved.(5) At any time when Kenya is at war, Parliament may from timeto time provide for the extension of the period of five years specified insubsection (4) for not more than twelve months at a time:Provided that the life of Parliament shall not be extended under thissubsection by more than five years.CHAPTER IVTHE JUDICATUREPART 1The High Court and the Court of Appeal
Rev. 2009]Constitution of Kenya 4760. (1) There shall be a High Court, which shall be a superiorcourt of record, and which shall subject to section 60A have unlimitedoriginal jurisdiction in civil and criminal matters and such otherjurisdiction and powers as may be conferred on it by this Constitutionor any other law.Establishment ofHigh Court.10 of 2008, s. 6.(2) The judges of the High Court shall be the Chief Justice andsuch number, not being less than eleven, of other judges (hereinafterreferred to as puisne judges) as may be prescribed by Parliament.(3) The High Court shall be duly constituted notwithstanding avacancy in the office of a judge of that Court.(4) The office of a puisne judge shall not be abolished while thereis a substantive holder thereof.(5) The High Court shall sit at such places as the Chief Justicemay appoint.60A. (1) Notwithstanding section 60 there shall be an InterimIndependent Constitutional Dispute Resolution Court which shall haveexclusive original jurisdiction to hear and determine all and only mattersarising from the Constitutional review process.(2) The judges of the Court shall be nine judges of whom-Establishment ofInterim IndependentConstitutionalDispute ResolutionCourt.10 of 2008, s. 7.(a) three shall be non citizens who are qualified to beappointed judges or have served as judges of the highestcourt in the jurisdiction within the Commonwealthnominated by the Parliamentary Select Committee;and(b) six shall be recruited through a competitive process bythe Parliamentary Select Committee and upon approvalby the National Assemblybe appointed by the President in consultation with the PrimeMinister.(3) For the avoidance of doubt, the Court is not a division of theHigh Court.(4) A person shall be qualified to be appointed a judge of theCourt if he –(a) is, or has been, a judge of a Court having unlimited.
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