Verbatim text
Constitution to be enacted to govern a particular matter within the
period specified in the Fifth Schedule, commencing on the effective
date.
(2) Despite clause (1), the National Assembly may, by resolution
supported by the votes of at least two-thirds of all the members of the
National Assembly, extend the period prescribed in respect of any
particular matter under clause (1), by a period not exceeding one year.
(3) The power of the National Assembly contemplated under
clause (2), may be exercised—
(a) only once in respect of any particular matter; and
(b) only in exceptional circumstances to be certified by the
Speaker of the National Assembly.
(4) For the purposes of clause (1), the Attorney-General, in
consultation with the Commission for the Implementation of the
Constitution, shall prepare the relevant Bills for tabling before
Parliament, as soon as reasonably practicable, to enable Parliament to
enact the legislation within the period specified.
(5) If Parliament fails to enact any particular legislation within the
specified time, any person may petition the High Court on the matter.
(6) The High Court in determining a petition under clause (5) may
—
(a) make a declaratory order on the matter; and163
(b) transmit an order directing Parliament and the
Attorney-General to take steps to ensure that the required
legislation is enacted, within the period specified in the order,
and to report the progress to the Chief Justice.
(7) If Parliament fails to enact legislation in accordance with an
order under clause (6) ( b), the Chief Justice shall advise the President
to dissolve Parliament and the President shall dissolve Parliament.
(8) If Parliament has been dissolved under clause (7), the new
Parliament shall enact the required legislation within the periods
specified in the Fifth Schedule beginning with the date of
commencement of the term of the new Parliament.
(9) If the new Parliament fails to enact legislation in accordance
with clause (8), the provisions of clauses (1) to (8) shall apply afresh.
Transitional and consequential provisions.
What this means
- The index files this text under article 261 of the Constitution of Kenya.
- The passage runs to about 332 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”).
The row’s stored title is a body fragment, not a heading (“(1) Parliament shall enact any legislation required by this”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of Kenya, article 261, Portable Lawyer, https://www.portablelawyer.app/provision/e543bfa0-8317-4fa8-8d71-9ac312fb6bab (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/e543bfa0-8317-4fa8-8d71-9ac312fb6bab
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
Machine-readable versions