Constitution of Kenya, 2010
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 date of the
declaration, 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;
and
(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.
(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 a right or fundamental freedom in the Bill of
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