Hailed as a green constitution, it embodies elaborate provisions with considerable implications for sustainable development. 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. Constitution has ambiguities that need prompt correction. New constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level. Chapter twothe republic 4declaration of the republic. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. The committee held extensive public consultations and received many dozens of submissions. Kenyan constitution, chapter seventeen, article 260 soko. Soko directory was formed in 2008 by hidalgo investments ltd.
Hidalgo investments is an investment company with diverse interests in the fields of finance, government tenders, business consultancy and corporate image consultancy and legal research, and was incorporated in 2008 under the laws of kenya, cap 486. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Extradition laws should be aligned to the constitution of kenya. It is carefully analysed, well annotated and presented in an easytoread fashion.
The draft constitution provides the space for that. November 2009 the harmonised draft constitution written and proposed by the committee of experts was released on 17 november 2009 and had the. Proposed constitution of kenya pdf published by the national council for law reporting with the authority of the. Commission for the implementation of the constitution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Environmental protection has always been a problem in the massively and naturally endowed and minerally rich africa, given the persistent state of chaos and disorder that most of its naturally rich countries have continuously experienced since the end of the colonial era the tragic story of the democratic republic of congo comes to mind. I am not surprised that the director of public prosecution dpp has taken exceptions to the proposals in the statute law. The 2010 constitution of kenya, currently in force, replaced the. 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. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. 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. Like section 33, article 47 mandates the enactment of legislation to give effect to these.
The constitution assumes, maybe wrongly, that its implementers are reasonable people, with fairly honest intentions, looking out for the best interests of the country. 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. Kenya institutional reform in the new constitution of kenya. The constitution of the republic of kenya, 1963 as. We will not have other laws that go against the constitution and if there shall be a law which is contrary to. Kenyan constitution, chapter eleven, part 3, article 186 to 187. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Judicial enforcement of the right to a fair trial without. If kenya is to live up to its obligation under the convention, then it should ensure against such provisions which promote discrimination against women. According to one survey, almost 70% of kenyan respondents believe. Mar 29, 20 new constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level.
It is ambitious in every sense and many kenyans see it as the basis of a complete transformation. Will kenyas 2010 constitution work for women and children. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Constitution as amended 2008, rev 2010 this is the constitution of the republic of kenya, as amended in 2008, rev. A perspective on the doctrine of the separation of powers. Proposed new constitution 2005 means the proposed new constitution of kenya submitted to the referendum on 21. 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. National values and principles of governance kenya law. 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 kenyans endorsed a new constitution in a referendum on the 4. The constitution of kenya chapter 1 the republic of kenya 1.
The republic of kenya shall be a multiparty democratic state. Previously under the repealed constitution, coordination of central government policies and development programmes at the local level was done by the provincial administration pa bagaka, 2011. Over 67% of kenyan voters approved this new constitution in a. Cic kenya commission for the implementation of the constitution. 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. 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. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. It is intended to guide educators in delivering civic education for the proposed constitution of kenya, 2010. Gender issues in the draft bill of the constitution of kenya. The manual contains information on how to conduct civic education sessions. 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.
The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. In this constitution, unless the context requires otherwise adult means an individual who has attained the age of eighteen years. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. It is carefully analysed, well annotated and presented in. Analysis interpretation of chapter 6 constitution of kenya. Analysis interpretation of chapter 6 constitution of kenya 2010 by kenyan courts transparency international kenya ti kenya is a notforprofit organization founded in 1999 in kenya with the aim of developing a transparent and corruptionfree society through good governance and social justice initiatives.
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 2010 constitution of kenya, currently in force, replaced the 1969 constitution. New constitution helps kenyan women gain traction in politics. 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. 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. Sovereignty of the people and supremacy of this constitution 1 sovereignty of the people 2 supremacy of this constitution 3 defence of this constitution chapter two the republic 4 declaration of the republic 5 territory of kenya 6 devolution and access to services 7 national, official and other languages 8 state and religion. The constitution enya kenya film classification board. 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 constitution chapter v protection of fundamental rights and freedoms of the individual. Principles, government and human rights, law africa publishing, 20, 85. Know all your rights and duties as a citizen at the palm of your hand. 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. Constitution of kenya 2010 wikisource, the free online. Ghai, yash pa l and cottrell ghai, jill, kenyas co.
As a department within the office of the president, the pa not only supervised. Constitutional conference bomas and, especially, the. Enacted by the parliament of kenya as follows short title. We will not have other laws that go against the constitution and if there shall be a law which is contrary to the constitution, it will have no place in kenya. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. The constitution is the supreme law of the land, it is the one that will guide us on all the things that we endeavour to do as a country including the laws that we will use.
The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Acknowledging the supremacy of the almighty god of all creation. 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. Full kenyan constitution search through the various elements i. Kenya the constitution article 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 origin or residence or other local connection, political opinions, color, creed or sex, but subject to respect for the. Senegals constitution of 2001 with amendments through 2009.
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