Part 2—Existing obligations, laws and rights
Rights, duties and obligations of the State
6. Except to the extent that this Constitution expressly provides to the contrary, all rights and obligations, however arising, of the Government or the Republic and subsisting immediately before the effective date shall continue as rights and obligations of the national government or the Republic under this Constitution.
7. (1) All law in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.
(2) If, with respect to any particular matter -
(a) a law that was in effect immediately before the effective date assigns responsibility for that matter to a particular State organ or public officer; and
(b) a provision of this Constitution that is in effect assigns responsibility for that matter to a different State organ or public officer, the provisions of this Constitution prevail to the extent of the conflict.
Existing land holdings and agreements relating to natural resources
8. (1) On the effective date, any freehold interest in land in Kenya held by a person who is not a citizen shall revert to the Republic of Kenya to be held on behalf of the people of Kenya, and the State shall grant to the person a ninety-nine year lease at a peppercorn rent.
(2) On the effective date, any other interest in land in Kenya greater than a ninety-nine year lease held by a person who is not a citizen shall be converted to a ninety-nine year lease.
(3) The provisions of Article 71 shall not take effect until the legislation contemplated under that Article is enacted.
Back to Sixth Schedule
Back to Schedules
Table of Contents