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Constitution of Kenya, 2010
Constitution requires an appointment to be made by the President with
the approval of the National Assembly, until after the first elections under
this Constitution, the President shall, subject to the National Accord and
Reconciliation Act, appoint a person after consultation with the Prime
Minister and with the approval of the National Assembly.
Part 6—Miscellaneous Matters
Citizenship by birth.
30. A Kenyan citizen is a citizen by birth if that citizen—
(1) acquired citizenship under Article 87 or 88 (1) of the former
Constitution; or
(2) would have acquired citizenship if Article 87 (2) read as
follows:
“Every person who, having been born outside Kenya, is on 11th
December, 1963 a citizen of the United Kingdom and Colonies or a
British protected person shall, if his father or mother becomes, or would
but for his or her death have become, a citizen of Kenya by virtue of
subsection (1), become a citizen of Kenya on 12th December, 1963.”
Existing offices.
31. (1) Unless this Schedule provides otherwise, a person who
immediately before the effective date, held or was acting in an office
established by the former Constitution shall on the effective date
continue to hold or act in that office under this Constitution for the
unexpired period, if any, of the term of the person.
(2) Subject to subsection (7) and section 24, a person who
immediately before the effective date held or was acting in a public
office established by law, so far as is consistent with this Constitution,
shall continue to hold or act in that office as if appointed to that position
under this Constitution.
(3) The provisions of this section shall not affect the powers
conferred on any person or authority under this Constitution or
legislation to abolish offices or remove persons from an office
contemplated in subsection (2).
(4) If a person has vacated an office that the person held before
the effective date, and that office is retained or established under this
Constitution, the person may, if qualified, again be appointed, elected, or
otherwise selected to hold that office in accordance with the provisions
of this Constitution, except to the extent that this Constitution expressly
provides otherwise.
(5) The functions of the Director of Public Prosecutions shall