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. Over 67% of kenyan voters approved this new constitution in a. A prominent journalist was recently quoted in nairobis daily nation as saying that the constitution is just a piece of paper, and a piece of paper. The kenyans endorsed a new constitution in a referendum on the 4. 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. The draft constitution was subjected to a referendum on august 4, 2010. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Full kenyan constitution search through the various elements i. The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. Constitution of kenya 2010 wikisource, the free online. Ndoria gicheru and kabuya miano 1987 a textbook of the constitution and government of kenya for secondary schools sterling publishers private ltd.
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. Katiba mpya, kenya moja handbook for civic education 11 comparative matrix between the current constitution and the proposed constitution clear leadership code government broken down to 2 levels a strong national and a strong county government roles between levels clear cut two chambers of parliament with enhanced roles. Kenya the constitution of the republic of kenya, 2010. Devolution is one of the major changes that the constitution adopted by kenyans at the referendum held on 4th august 2010 and promulgated on 27th august 2010 has made to the arrangement of government in kenya. 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. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. 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. 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.
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. Know all your rights and duties as a citizen at the palm of your hand. 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. It also epitomised the victory for the women of kenya. Experts who published a proposed constitution on 23 february 2010 that was presented. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. Attorneygeneral, office of public communications, kenya pdf pdf doc. Three months later, on 4 august, it was approved by over 67 per cent of the. 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 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. The na had 30 days to deliberate and approve the document, or recommend amendments. Enacted by the parliament of kenya as follows short title.
There are many people who seem to believe that it will not. Formerly a british colony, kenya became a republic in 1963. For the first time, the highest law of the land recognised the role of women in. November 2009 the harmonised draft constitution written and proposed by the committee of experts was released on 17 november 2009 and had the. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Constitutional reform in kenya has been a major issue since kenya gained independence. New constitution helps kenyan women gain traction in. On 2 april 2010 the assembly unanimously adopted the document without any amendments. Respectful of the environment, which is our heritage, and. A historical background to kenyas constitutional reform.
The constitution of kenya amendment act no 1 of 1975 repealed constitution of kenya amendment no 2 of 1974. 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. The 1963 constitution, which was negotiated between the british government and representatives of kenyas political parties, marked the end of colonial rule and transformed the colony into a dominion. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. Kenya country constitutional profile constitutionnet. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Article 60 f of the constitution of kenya 2010 provides for elimination of gender discrimination in respect of land. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. It established a parliamentary system with executive powers vested in a cabinet. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. Aug 08, 2010 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. I am often asked whether kenyas new constitution, approved in a referendum in august 2010, will actually improve governance in kenya. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life.
Download pdf simplified version of the proposed constitution of kenya 2010 language. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Chapter five land and environment kenya law reform. The constitution of kenya chapter 1 the republic of kenya 1. Kibaki and prime minister raila odinga, finally delivered the much heralded constitution of kenya, 2010. The highlights of the evolution of kenyas constitution can be highlighted by the following events. Parliament may enact legislation limiting the effect of clauses 1 and 2 on the descendents of kenyan citizens who are born outside kenya. 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 2010 constitution of kenya, currently in force, replaced the. Acknowledging the supremacy of the almighty god of all creation.
Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. The constitution enya kenya film classification board. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. The constitution required that the pa be restructured within five years to accord with and respect the. This briefing paper provides an analytical view of the process of implementing the new constitution promulgated in 2010 and the subsequent impact it has had on the processes of democracy, governance and constitutionalism in the country.
On 28 february 2010 the coe submitted the proposed constitution of kenya to the national assembly na. The constitution of kenya, 2010 medical practitioners and. The constitution of 2010 was the result of a reform process seeking to address several contentious issues, including land and environmental governance. The 2010 edition replaced the 1963 independence constitution.
Memorandum on the constitution of kenya amendment no. The committee held extensive public consultations and received many dozens of submissions. In 2010, kenya adopted a new constitution by referendum. The amendment bill touches on matters of sharing and devolution of power. 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.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. In 2010, on the cusp of kenya s new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenya s democratic change framework. The constitution of kenya amendment act no 5 of 1974 made kiswahili one of the official languages of the national assembly. This constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government.
The validity or legality of this constitution is not subject to challenge by or before any court or other state organ. Jomo kenyatta is installed as kenyas first prime minister. Supremacy of this constitution 1sovereignty of the people. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Proposed constitution of kenya as published by the attorneygeneral, 6. County governments established under this constitution shall reflect the following principles. Kenyas 2010 constitution uct faculty of health sciences. Broadly stated, the objective of the project was both historical and.
Kenya institutional reform in the new constitution of kenya. Kenyas new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to the subnational units called counties in 20. The constitution of the republic of kenya, 1963 as amended. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The constitution of kenya is the supreme law of the republic of kenya. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. No person may claim or exercise state authority except as authorised under this constitution. A historical background to kenyas constitutional reform process. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. It is a unique and new experience to a majority of kenyans. The constitution of kenya amendment act no 1 of 1975 repealed constitution of kenyaamendment no 2 of 1974. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963.
Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The constitution of kenya amendment act no 10 of 1974 reduced the age of voting from 21 to 18. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The new kenyan constitution and homosexuality kenyans. 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.
Kenya s new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to the subnational units called counties in 20. The 2010 constitution of kenya, currently in force, replaced the 1969. The constitution of the republic of kenya, 1963 as. Chapter twothe republic 4declaration of the republic. The marital status of a daughter is not a basis to deny her the right to. We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. Honouring those who heroically struggled to bring freedom and justice to our land. 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. This act may be cited as the constitution of kenya, 2010 amendment act, 2015.
1038 1546 33 874 690 33 221 545 1174 647 932 393 1205 808 238 1058 1390 135 1491 618 856 563 848 29 454 954 590 483 187