This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. A historical background to kenyas constitutional reform. Mar 29, 20 kenyas new constitution, ratified in august 2010, stipulates that no more than twothirds of any appointed or elected body can be of the same gender, and, in an attempt to ensure further gender balance, included a provision stating that each of kenyas 47 counties elect a womens representative. Kenyas new constitution, ratified in august 2010, stipulates that no more than twothirds of any appointed or elected body can be of the same gender, and, in an attempt to ensure further gender balance, included a provision stating that each of kenyas 47 counties elect a womens representative. Jomo kenyatta is installed as kenyas first prime minister. For the first time, the highest law of the land recognised the role of women in.
Chapter twothe republic 4declaration of the republic. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. A person elected as president in accordance with this constitution shall assume office as president as soon as he is declared to be elected. The new kenyan constitution and homosexuality following the clear endorsement by kenyans of a new constitution on august 4th 2010, there has been lots of talk in some homo quarters regarding certain clauses on the bill of rights that are believed to somehow decriminalise homosexuality in kenya. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Enacted by the parliament of kenya as follows short title. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Kenya constitution chapter 6 leadership and integrity. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. It also epitomised the victory for the women of kenya. Constitution of kenya, 2010 const2010 23 a to be registered as a voter. Article 40 1 sets out the principles governing land policy. On 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally promulgated a new kenyan constitution at a.
Sep 28, 2014 a historical background to kenyas constitutional reform process 1. Published by the national council for law reporting with the authority of the attorneygeneral. The constitution of the republic of kenya, 1963 as amended. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was subjected to a. The constitution required that the pa be restructured within five years to accord with and respect the devolved system of government republic of kenya, 2010. The constitution of the republic of kenya, 1963 as. Acknowledging the supremacy of the almighty god of all creation. The new kenyan constitution and homosexuality kenyans. Kenya has adopted a new constitution, more than three weeks after it was overwhelmingly. Like section 33, article 47 mandates the enactment of legislation to give effect to these. The constitution of kenya, 2010 medical practitioners and. Justice willy mutunga perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the kenyan constitution sets, through the judiciary, its barricades against destruction of its values and weakening of its institutions by forces external to itself.
This act may be cited as the constitution of kenya, 2010 amendment act, 2015. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The constitution therefore dedicated a whole chapter. Constitution of kenya 2010 wikisource, the free online. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution. On popular participation and the making of the 2010 constitution of kenya kenyas 2010 constitutional project was predicated on the need to tackle almost. Constitution of kenya 2010 the foreign policy analyst. Kenya institutional reform in the new constitution of kenya. The march 4th movement equal united prosperous from the tyranny of numbers to the safety of numbers a campaign for the 1st amendment to the constitution of kenya, the constitution of kenya 2010. Comparative constitutions project, and distributed on. Kenya the constitution of the republic of kenya, 2010.
September 20 three parliamentary byelections were held. A historical background to kenyas constitutional reform process 1. The second section discusses the implications on the structure and functions of government. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and. Decentralization in kenya background note september 2010. Constitutional reform in kenya has been a major issue since kenya gained independence.
Kenyas constitutional development from preindependence to the proposed constitution, 2010 laila abdul latif, advocate. It is carefully analysed, well annotated and presented in an easytoread fashion. Kenyans yearned to have confidence in the constitutional offices. New constitution helps kenyan women gain traction in politics. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was. The constitution enya kenya film classification board. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. All sovereign power belongs to the people of kenya and shall be exercised only in accordance with this constitution. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Experts who published a proposed constitution on 23 february 2010 that was presented.
When kenyans overwhelmingly voted for the constitutional text in 2010, the hope was that cycles of violence, poverty, bad governance, poor economic policies, imprudent use of natural resources and. Towards realising womens rights in the constitution iii our constitution, our life foreword there is no doubt that the constitution of kenya 2010 cok 2010 presents a new dawn for the majority of kenyan women. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. August 4 a referendum is held on the proposed constitution of kenya, which was then ratified by a 68.
His election in 2007 had been nullified by high court in february 2010. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Jan 07, 20 the term mp is an abbreviation for member of parliament. The people may exercise their sovereign power either directly or through their democratically elected representatives. The 2010 constitution of kenya, currently in force, replaced the 1969.
The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. A historical background to kenyas constitutional reform process. Prior to the promulgation of its 2010 constitution, kenya followed the dualist system in domesticating the treaties it ratified. Media caption kenyas president mwai kibaki signs the new constitution in front of crowds in nairobi. Constitution of kenya 2010 the foreign policy analyst page 3. Implementation of the constitution of kenya, 2010 is turning out to be an expensive venture. Kenyas 2010 constitution uct faculty of health sciences. The constitution of kenya chapter 1 the republic of kenya 1. Simplified version of the proposed constitution of kenya 2010 language. New constitution helps kenyan women gain traction in. The term mp is an abbreviation for member of parliament. Article 26 of the 2010 constitution now incorporates into kenyan law all treaties ratified by kenya.
Three months later, on 4 august, it was approved by over 67 per cent of the. Published by the national council for law reporting with the authority of the attorney general. Justice willy mutunga perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the kenyan constitution sets, through the judiciary, its barricades against destruction of its values and weakening of its institutions by forces external. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Know all your rights and duties as a citizen at the palm of your hand. Implementation of chapter six of the constitution of kenya 2010 in view of that, there was need to establish standards for the credibility of the future and the incumbent leaders of kenya. Fianl constitution of kenya approved by the consultative referandum of august 2010. The 2010 constitution of kenya addressed longstanding grievances over land, including the centralised, corrupt and inefficient system of administration identified in a series of reports of inquiry during the 2000s. International center institutional reform in the new constitution of kenya for transitional justice executive summary the passing of the constitution of kenya of 2010 and its promulgation on august 27, 2010, heralds the deep desire of kenyans, as individuals and communities, to live in a society that respects and. The constitution of kenya is amended in the manner set out herein below. Full kenyan constitution search through the various elements i. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule.
The legal implications of article 26 of the constitution. Constitution of kenya 2010 the foreign policy analyst page 2. Civic education and campaigns for or against the proposed constitution are expected to take place in the period before 4th august 2010 when the referendum is to be held. Kenya president ratifies new constitution bbc news. The constitution of kenya is the supreme law of the republic of kenya. Nov 11, 2018 kenya consists of the territory and territorial waters comprising kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. Kenya s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963.
The highlights of the evolution of kenyas constitution can be highlighted by the following events. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. The 2010 constitution of kenya and its interpretation. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Decentralization in kenya background note september 2010 main author. When kenyans overwhelmingly voted for the constitutional text in 2010, the hope was that cycles of violence, poverty, bad governance, poor economic policies, imprudent use of natural resources and perennial famines would cease.
There is the house of senate or upper house and the national assembly house or lower house. Page 2 of 21 introduction kenya has a new constitution and as a result the country is embarking on fundamental devolution of power. The constitution of kenya 2010 establishes a legislature that is fundamentally different in terms of structure, membership and powers the legislature exists at both the national and county level at the national level, there is established a twochamber parliament consisting of the national assembly and the senate. Broadly stated, the objective of the project was both historical and. Each house has its specific mandate under the constitution. Honouring those who heroically struggled to bring freedom and justice to our land. Parliament under the constitution of kenya 2010 has two houses bicameral for all my political and legal savvy readers. The 2010 edition replaced the 1963 independence constitution. The new constitution divides the country into 47 counties, to which. The wording of article 47 of kenyas constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Kenya consists of the territory and territorial waters comprising kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. The republic of kenya shall be a multiparty democratic state.
Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Media caption kenya s president mwai kibaki signs the new constitution in front of crowds in nairobi. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Aug 31, 2016 the 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution.
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