Article 94. Role of Parliament
Official Constitutional Text
94. (1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.
(2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.
(3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.
(4) Parliament shall protect this Constitution and promote the democratic governance of the Republic.
(5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.
(6) An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 94 of the Kenyan Constitution establishes that all lawmaking power comes directly from the citizens and is given to Parliament to use at the national level. It states that Parliament must represent the diverse voice and will of the people while actively defending the Constitution and supporting democratic leadership. Under this article, Parliament holds the unique authority to pass constitutional updates and alter county borders. Crucially, the article bans any other individual or group from creating laws unless the Constitution or a specific Act of Parliament explicitly grants them that power. When Parliament does delegate lawmaking power to a government office or official, the original law must clearly lay out the exact purpose, strict limits, scope, and quality standards that the new rules must follow.