An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenya s constitution, and anyone wishing for a quick reference. Parliament may enact legislation limiting the effect of clauses 1 and 2 on the descendents of kenyan citizens who are born outside kenya. 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. Honouring those who heroically struggled to bring freedom and justice to our land. Tins constitution is the constitution of zanzibar and shall have the. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Constitution of kenya 2010 constitution of the republic of south africa 1996 list of statutes kenya division of revenue bill national assembly powers and privileges act, cap 6 of the laws of kenya county government act, no.
The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. The policy exhibits kenyas health sectors obligation, under the national government supervision, to ensure that kenya attain the highest possible standards of health, in response to the needs of its citizens. The challenge of reforming land governance in kenya under the. Kenyas 2010 constitution uct faculty of health sciences. The 2010 edition replaced the 1963 independence constitution. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. The constitution of the republic of kenya, 1963 as amended. Chapter i sovereignty of the people and supremacy of the constitution chapter ii the.
The constitution establishes basic principles that set the foundation of the employeremployee relationship. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Constitutionalism under the constitution of kenya 2010. It is carefully analysed, well annotated and presented in an easytoread fashion. Part 2 legislation and procedure in the national assembly. 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. Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this. 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 constitution of kenya the independent electoral and boundaries commission act no. 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 was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was subjected to a. Constitution of kenya, 2010 const2010 3 constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. The constitution of kenya 2010 seafarers rights international. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. 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.
Attorneygeneral, office of public communications, kenya pdf pdf doc. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. It appears you do not have pdf support in this web browser. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. Protesters in myanmar call for constitutional changes 2014 bolivians protest for a new constitutional referendum 2008 election officials check voter rolls for kenya s constitutional referendum 2010 the worlds constitutions to read, search, and compare. Pdf constitutionalism under the constitution of kenya. The constitution, by article 10, is to be interpreted and applied in. National values and principles of governance kenya. Intended to rein in an imperial presidency, the constitution initiated one of the most ambitious governance reforms seen in subsaharan africa. This contains far reaching commitments to a wide range of rights and an ambitious vision of social equity and has the real potential to address historical injustices and grievances. 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.
A constitutional referendum was held in kenya on 4 august 2010. Pdf the kenyan constitution, with discussion of the constitutionmaking process and its content. Public land classified under clause 1f to m shall vest in and be held by the national government in trust for the people of kenya and shall be administered on their behalf by the national land commission. Pdf laws of kenya the constitution of kenya revised. Kenya employment law is kenya s first and only blog that is dedicated to answering your employment law questions so that you can thrive in employment and beyond. Second, it seeks to establish the extent to which kenya s reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. Constitution of kenya kenya law reform commission klrc. Pursuant to article 252 1c of the constitution of kenya. Like section 33, article 47 mandates the enactment of legislation to give effect to these. Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. By elina omwoha the constitution of kenya, 2010, seeks to repudiate the historical exclusion of women from the mainstream society, thus, creating a freedom for women to maneuver their way both in the private and public globe on an equal footing with men. May 06, 2010 published draft may 6 2010 attorneygeneral, office of public communications, kenya pdf consulted on 20101001 constitution online official law reports of the republic of kenya, kenya law reports pdf consulted on 20101018 abstractcitation. The 2010 constitution and the application of international law 37 1 normative and theoretical basis for international law in kenya by virtue of art 25 of the constitution of the republic of kenya of 2010 hereinafter 2010 constitution,1 general rules of international law are part of the legal system. 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.
Broadly stated, the objective of the project was both historical and. Constitution shall prevail and that law shall be null and void to that. The constitution of kenya 2010 recognizes water and sanitation services as a basic right. Pdf the water act 2002 and the constitution of kenya. Enact and give this constitution to ourselves and to our future. Second, it seeks to establish the extent to which kenyas reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. This paper explores the potential of traditional justice systems under the constitution. Constitution of kenya, 2010 the constitution of kenya was to deal with a long legacy of impunity, institutional frailties and embedded corruption. The constitution enya kenya film classification board. Will kenyas 2010 constitution work for women and children. It is carefully analysed, well annotated and presented in.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Women and power overseas development institute odi. The republic of kenya shall be a multiparty democratic state. Kenya the constitution of the republic of kenya, 2010. Proposed constitution of kenya as published by the attorneygeneral, 6. The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below. Pdf the water act 2002 and the constitution of kenya 2010. 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. 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. Pursuant to article 252 1c of the constitution of kenya 2010, the commission invited internal applicants for the positions of senior executives personal secretary, personal secretary, assistant personal secretary, senior cartographer, cartographer, assistant cartographer and artisans through the commission website. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Kenya institutional reform in the new constitution of kenya.
A compendium on economic and social rights cases under the constitution of kenya, 2010 overcoming poverty is not a gesture of charity. Constitution of kenya, 2010 const2010 11 constitution of kenya preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. The constitution of kenya is amended in the manner set out herein below. The kenyans endorsed a new constitution in a referendum on the 4. 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. The constitution of kenya is the supreme law of the republic of kenya. The constitution of the republic of kenya, 1963 as. Chapter twothe republic 4declaration of the republic. Access to information kenya law reform commission klrc. 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.
Affirmative action under the 2010 constitution of kenya. In august 2010, kenyas citizens adopted a new constitution. Kenya constitution chapter 6 leadership and integrity. Before the enactment of the new constitution, the old constitution did not provide for water provision as. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Acknowledging the supremacy of the almighty god of all creation. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. On august 4th 2010, the people of kenya voted and passed a new constitution.
For this exercise the rules and guidelines are those found in the constitution of kenya 2010 decided upon by the people of kenya over the 10year period of active constitution making. Various provisions highlights how the issues of affirmative action have been acknowledged. Published by the national council for law reporting with the authority of the attorney general. 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. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. The 2010 constitution and the application of international. The centrepiece of anticorruption and public integrity reform is chapter six of the constitution, the anticorruption and.
Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. The genesis of interpreting the constitution of kenya 2010. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. Enacted by the parliament of kenya as follows short title. Pdf kenyas 2010 constitution christina murray academia. Under the 2010 constitution, kenya adopted a presidential system of government in order to achieve a sharper separation of powers between the executive body and the legislature and reduce the influence of the former over the latter. Case of the kenya constitution, 2010, safari park hotel, august 19, 2014.
Constitution of kenya 2010 wikisource, the free online. The public seal of kenya shall be such device as may be prescribed by or under an. Devolution establishes 47 counties with extensive powers led by a directly elected governor and legislative assembly. Three months later, on 4 august, it was approved by over 67 per cent of the. The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Proud of our ethnic, cultural and religious diversity, and determined to live in. Laws of kenya the constitution of kenya revised edition 2010 published by the national council for law reporting with the authority of the attorney general. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. The president and his cabinet are not members of parliament. Chapter six of the constitution of kenya 2010 implementation of leadership and integrity.
229 398 715 307 757 736 126 504 231 374 699 1193 327 962 477 367 716 96 1500 1428 286 51 1020 1083 764 199 1102 1050 275 489 1477 606 5 1453 791