Respectful of the environment, which is our heritage, and. The constitution of kenya is the supreme law of the republic of kenya. Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. 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. Kenyas new constitution is a progressive document that. The highlights of the evolution of kenyas constitution can be highlighted by the following events. That is to say, if the constitution itself provides that particular amendment, then it could be possible to amend the constitution, e. Focusing on kenyas 2010 constitution, this report pays particular attention to how legal and policy changes over the last five years have responded to the social, economic and political challenges confronting minorities.
We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. It is carefully analysed, well annotated and presented in an easytoread fashion. Under the framework of the lancaster house conferences, three key meetings or constitutional conferences marked kenya s constitutional development during this period. The constitution of kenya chapter 1 the republic of kenya 1. Full kenyan constitution search through the various elements i. While some reports attribute kenyas postelection crisis to tribalism, most analysts see weak political institutions at the root of problems. Enacted by the parliament of kenya as follows short title. Article 90 of the constitution, sections 3437 of the elections act, 2011 as amended by the elections amendment no. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Kenyas constitution in a global context international.
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. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. The people may exercise their sovereign power either directly or through their democratically elected representatives. National values and principles of governance kenya. The constitution of the republic of kenya, 1963 as. The 2010 edition replaced the 1963 independence constitution. Adopt, enact and give this constitution to ourselves and to our future generations. The constitution promulgated five years ago this week has brought about a number of earthshaking changes that have dramatically altered kenyas socioeconomic and political landscape. Honouring those who heroically struggled to bring freedom and justice to our land. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Ghai, yash pa l and cottrell ghai, jill, kenyas co. 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.
Pdf the kenyan constitution, with discussion of the constitutionmaking process. This can be explained by the fact that the committee of experts which was in charge of the drafting process comprised a south african professor whose expertise was apparently influential in the work. All sovereign power belongs to the people of kenya and shall be exercised only in accordance with this constitution. The kenya constitution is the supreme law of kenya. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. The new kenyan constitution clearly seems to be inspired by it. Constitution making in kenya began during the colonial days and was inherently linked to the policies and activities of the british colonial office. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. Simplified version of the proposed constitution katiba institute. 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. This is the introductory article in a series explaining, chapter by.
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. Recently, kenya promulgated a new constitution, which is in fact lauded as one of the most progressive constitutions in the world. The house of representatives shall be composed of members chosen every second year by the people of the several. Chapter twothe republic 4declaration of the republic. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. Kenyas politicians and civil society advocates have struggled to secure a new constitution for nearly a quarter of a century. It is carefully analysed, well annotated and presented in.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Wordpress web hosting and content management is offered to enterprise customers i. Cypruss constitution of 1960 with amendments through 20. The constitution of the united states preamble 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. Know all your rights and duties as a citizen at the palm of your hand. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenyas fortyseven county governments. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution ofkenyawritten by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the. A dedicated project team is available to assist customers. Jomo kenyatta is installed as kenyas first prime minister. Understanding kenyas politics council on foreign relations.
The constitution of kenya p art 7 f inancial o fficers and i nstitutions 228controller of budget. How kenya is changing under new constitution daily nation. 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. Constitution as an instrument of change katiba institute. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. It lists the following which are derived from united nations universal declaration of human rights and european convention of human rights. Constitution of kenya 2010 wikisource, the free online. The framers of a written constitution, endeavouring to provide a comprehensive legal framework for the state, will naturally seek to protect its. The proposed new constitution of kenya is informally referred to as the wako bill with reference to its principal author, the kenyan attorneygeneral, amos wako. Introduction in 2010, the government of kenya adopted a new constitution in which major changes were made in. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008. Download pdf this is the constitution of kenya at independence in 1963.
An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. May 26, 2016 the national anthem of the republic of kenya. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Amendments in kenyas first constitution kenya monitor. Constitutional reform in kenya has been a major issue since kenya gained independence. Cypruss constitution of 1960 with amendments through 20 subsequently amended. 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. National values and principles of governance kenya law. Kenyas politicians and civil society advocates have struggled to secure a new constitution for nearly a quarter of a century, seeking to. Important principles and concepts in the constitution. The constitution in force until august 2010 had been amended many times since the republic was formed in december 1964.
The republic of kenya shall be a multiparty democratic state. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Constitutions of kenya constitution of kenya explained.
Find out all about the current new kenyan constitution that was promulgated in 2010. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Kenya country constitutional profile constitutionnet. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. Dec 06, 2012 nonetheless, at independence, kenya can be excused since the constitution was not derived from the citizens but out of negotiations between the kenyan political elite and the colonial government. The service is built on wordpress, a webpublishing system that is flexible, scalable and easy to use. 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 constitution of the republic of kenya, 1963 as amended. 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 1sovereignty of the. 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.
Will kenyas 2010 constitution work for women and children. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Over 67% of kenyan voters approved this new constitution in a. Kenyas new constitution article pdf available in journal of democracy 222. According to chapter 1 of the constitution of kenya, kenya is a sovereign state where all sovereign power belongs to the people of kenya and shall be exercised only in accordance with this constitution. Political parties act, 2011 and any other relevant law as well as the party constitution and the party nomination rules. Kenyan citizens by birth may also be citizens of another country. Kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. It provided for the unicameral national assembly consisting of 210 members directly elected. Jan 23, 2012 like other democratic constitutions, the constitution of kenya provides for the rights and fundamental freedoms of the individuals.
According to one survey, almost 70% of kenyan respondents believe. This is the constitution of kenya at independence in 1963. We will not have other laws that go against the constitution and if there shall be a law which is contrary to. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Jan 27, 2017 according to chapter 1 of the constitution of kenya, kenya is a sovereign state where. 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. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. Established the office of the vice president who would be appointed from the.