A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. From kanu to narc heinrich boll foundation, nairobi. 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. 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. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution of kenya written by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in june 2010. Section 5 synthesises the issues that arise and section 6 draws conclusions and makes recommendations for the future. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. The republic of kenya shall be a multiparty democratic state. The 2010 constitution of kenya, currently in force, replaced the. The kenyans endorsed a new constitution in a referendum on the 4. Constitution of kenya 2010 wikisource, the free online. Kenyas new constitution article pdf available in journal of democracy 222. The constitution of kenya the present constitution with amendments that has been in existence since 1969. Download pdf this is the constitution of kenya at independence in 1963.
The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Kamau kuria published articles on issues of constitutional theory and the rule of law in kenya. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Focusing on the historical trajectory on the search for a new constitution, chapter one lays the groundwork upon which the fault line between constitutionalism and the issue areas are. Kenya institutional reform in the new constitution of kenya. Ghai, yash pa l and cottrell ghai, jill, kenyas co. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. More seriously the boundaries were responsible for dividing single communities such as the maasai and kuria between kenya and tanganyika later, tanzania, the somali among kenya, somali and ethiopia, the luo, also among kenya, uganda and tanzania, and the teso and the samia between kenya and uganda. This is the constitution of kenya at independence in 1963. 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. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation.
Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. To provide a platform through which the parliamentary and management practices of legislatures in kenya may be made more accessible to the members of the society, or those. Constitution of kenya the constitution of kenya arrangement of sections chapter i the republic of kenya section 1 declaration of republic. Institutional reform in the new constitution of kenya. It is carefully analysed, well annotated and presented in. Fundamental rights and freedoms of the individual 70 whereas every person in kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Kenyas 2010 constitution uct faculty of health sciences. 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. Kamau kuria also has participated actively in the debate over the status of the kenyan constitution.
Know all your rights and duties as a citizen at the palm of your hand. Chapter ii the executive part 1 the president and the vice president 4 the ofice of president. Ndoria gicheru and kabuya miano 1987 a textbook of the constitution and government of kenya for secondary schools sterling publishers private ltd. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The impact of kenyas legal and institutional frameworks on. Pdf the kenyan constitution, with discussion of the constitutionmaking process and. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution. Pdf on 4 august 2010, kenyans voted to adopt a new constitution.
Constitution and any other regulations made hereunder. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. The constitution enya kenya film classification board. It is ambitious in every sense and many kenyans see it as the basis of a complete transformation. The kenya constitution is a derivation of the familiar westminster model bequeathed to many former british colonies. Oxford university, returning to kenya to teach law at the university of nairobi. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The kenya broadcasting corporation and the kenya news agency.
Honouring those who heroically struggled to bring freedom and justice to our land. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Kenyans yearned to have confidence in the constitutional offices. The constitution of the republic of kenya, 1963 as. 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 relatively ranks high on key science and technology indicators compared to other regional democracies. Chapter twothe republic 4declaration of the republic. Proposed constitution of kenya pdf published by the national council for law reporting with the authority of the. Political parties act, 2011 and any other relevant law as well as the party constitution and the party nomination rules. Constitutionalization is widely perceived as a powerdiffusing measure often associated with limiting government action and protecting basic rights. Even after the election, the old guard assuming that it accepted that it was for.
Assessing the potential for transformative innovation policy. The rule of law in kenya and the status of human rights. The constitution of the republic of kenya, 1963 as amended. The constitution therefore dedicated a whole chapter. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference.
Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. The constitution of kenya chapter 1 the republic of kenya 1. Contemporary readings 2011 lawafrica publishing k limited, at page 24. Senegals constitution of 2001 with amendments through 2009. Currently, the ruling party also owns and runs a party daily newspaper, the kenya times and a television station. 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. Kenyas 2010 constitution christina murray on 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally promulgated a new kenyan constitution at a public ceremony in nairobi attended by thousands of people. Their overall objective is to inform, educate, entertain and to propagate all that consolidates national unity, peace and stability in kenya. 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 2010 constitution of kenya, currently in force, replaced the 1969 constitution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Osogo ambani, lld cand, llm up, llb uon, lecturer, moi university school of law. Constitutional transitions and territorial cleavages. 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.
Full kenyan constitution search through the various elements i. National values and principles of governance kenya law. Over 67% of kenyan voters approved this new constitution in a. It is carefully analysed, well annotated and presented in an easytoread fashion. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the people. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc.
92 1419 475 497 1529 1109 455 739 374 432 1478 1109 1293 1523 889 821 1393 1514 381 739 1471 924 1547 814 1037 847 1226 1070 1165 349