Constitution of Kenya, 2010
158
(3) Every provision of this Constitution shall be construed
according to the doctrine of interpretation that the law is always
speaking and, therefore, among other things—
(a) a function or power conferred by this Constitution on an office
may be performed or exercised as occasion requires, by the
person holding the office;
(b) any reference in this Constitution to a State or other public
office or officer, or a person holding such an office, includes a
reference to the person acting in or otherwise performing the
functions of the office at any particular time;
(c) a reference in this Constitution to an office, State organ or
locality named in this Constitution shall be read with any
formal alteration necessary to make it applicable in the
circumstances; and
(d) a reference in this Constitution to an office, body or
organisation is, if the office, body or organisation has ceased
to exist, a reference to its successor or to the equivalent
office, body or organisation.
(4) In this Constitution, unless the context otherwise requires—
(a) if a word or expression is defined in this Constitution, any
grammatical variation or cognate expression of the word or
expression has a corresponding meaning, read with the
changes required by the context; and
(b) the word “includes” means “includes, but is not limited to”.
(5) In calculating time between two events for any purpose under
this Constitution, if the time is expressed—
(a) as days, the day on which the first event occurs shall be
excluded, and the day by which the last event may occur
shall be included;
(b) as months, the time period ends at the beginning of the day in
the relevant month—
(i)
that has the same number as the date on which the
period began, if that month has a corresponding date;
or
(ii) that is the last day of that month, in any other case; or
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