Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution of kenya chapter 1 the republic of kenya 1. According to one survey, almost 70% of kenyan respondents believe. The constitution of the republic of kenya, 1963 as. Download pdf this is the constitution of kenya at independence in 1963. The rule of law in kenya and the status of human rights. The constitution of kenya draft amendment bill, 2017 5 by making it possible for all communities and counties to have a say in the election of the president and the deputy president, the proposed system of devolving the presidency is in tandem with an affirmative action, which is a key doctrine in the constitution of kenya. The demise and rise of majimbo in independent kenya.
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. Kamau kuria published articles on issues of constitutional theory and the rule of law in kenya. The demise and rise of federalism as a governing system in independent kenya, normally referred to by the swahili word majimbo literally provincesstates, remains a scarcely studied and understood subject in that nations first fifty years of independence. Kamau kuria also has participated actively in the debate over the status of the kenyan constitution. It is carefully analysed, well annotated and presented in an easytoread fashion. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. From kanu to narc heinrich boll foundation, nairobi. 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. Constitutional protection of intellectual property in 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 institutional reform in the new constitution of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. In 1890, the british started settling in kenya after the imperial british east africa ibea company had navigated the country. Constitution of kenya 2010 wikisource, the free online.
The constitution of kenya is the supreme law of the republic of kenya. The constitution assumes, maybe wrongly, that its implementers are reasonable people, with fairly honest intentions, looking out for the best interests of the country. 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. In 1920, the british declared kenya a protectorate and a colony. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. The constitution enya kenya film classification board. Oxford university, returning to kenya to teach law at the university of nairobi. Full kenyan constitution search through the various elements i. Over 67% of kenyan voters approved this new constitution in a. The constitution of kenya the present constitution with amendments that has been in existence since 1969.
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 constitution chapter v protection of fundamental rights and freedoms of the individual. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The pre2010 constitution of kenya did not capture concerns on innovation and ip. Article 90 of the constitution, sections 3437 of the elections act, 2011 as amended by the elections amendment no. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Know all your rights and duties as a citizen at the palm of your hand. Hailed as a green constitution, it embodies elaborate provisions with considerable implications for sustainable development. In that constitution, sections 70 and 75 capturing the bill of rights provided substantive property guarantees limited to real property as opposed to technological innovations, cultural innovations and ip. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Today, the kenyan government circulated a copy of the constitution to kenyans at home and abroad. 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 supremacy of this constitution. The draft harmonized kenya constitution appears to be here after twenty years of struggle. National values and principles of governance kenya.
Constitution has ambiguities that need prompt correction. Kenyas new constitution article pdf available in journal of democracy 222. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Wananchi are supposed to study the document and make further recommendations to the committee of experts coe.
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. The 2010 edition replaced the 1963 independence constitution. Kenyan constitution, chapter eleven, part 3, article 186. 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. Contemporary readings 2011 lawafrica publishing k limited, at page 24. 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. It is ambitious in every sense and many kenyans see it as the basis of a complete transformation. Phases in kenyas constitution history kenya monitor.
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. Will kenyas 2010 constitution work for women and children. 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. Jan 09, 2011 the pre2010 constitution of kenya did not capture concerns on innovation and ip.
This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution. Political parties act, 2011 and any other relevant law as well as the party constitution and the party nomination rules. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Enacted by the parliament of kenya as follows short title. 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. However, whatever constitution an ngo may adopt, should in principle provide sufficiently for management and structure, accountability and transparency in its operations. Such a constitution must embody the prescriptions of the second schedule of the nongovernmental organization regulations, 1992. The constitution of the republic of kenya, 1963 as amended. Osogo ambani, lld cand, llm up, llb uon, lecturer, moi university school of law. Kenyan constitution, chapter eleven, part 3, article 186 to 187. The constitution of kenya amendment bill, 2017 a bill for.
The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The public seal of kenya shall be such device as may be prescribed by or under an act. The kenyans endorsed a new constitution in a referendum on the 4. National values and principles of governance kenya law. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Nov 10, 2016 soko directory was formed in 2008 by hidalgo investments ltd. General table of contents chapter 9 chapter 11 121 resignations. Ndoria gicheru and kabuya miano 1987 a textbook of the constitution and government of kenya for secondary schools sterling publishers private ltd.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. This is surprising as the histories of independent kenya published during the current decade identify issues of. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution. Nov 17, 2009 the draft harmonized kenya constitution appears to be here after twenty years of struggle. Senegals constitution of 2001 with amendments through 2009. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. Its spirit however prohibits discrimination against illiterate innovators. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Ghai, yash pa l and cottrell ghai, jill, kenyas co. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Kenyas constitution making history can be traced to the period 18902010. Kenyan constitution, chapter ten, part 4, article 171 to 172. 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. Soko directory was formed in 2008 by hidalgo investments ltd.
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