Constitution chapter v protection of fundamental rights and freedoms of the individual. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. 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. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. Many scholars tend to agree generally that press freedom, the roles and functions of the media in many societies tend to have common features while at. Cic kenya commission for the implementation of the. Established the office of the vice president who would be appointed from the. Senate was removed and the powers of districts subject to national law. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
The county governor is the head of the county executive. The kenyans endorsed a new constitution in a referendum on the 4 th. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008. The kenyans endorsed a new constitution in a referendum on the 4. A person assuming the office of president shall, before entering upon the office, take and subscribe the oath of allegiance and such oath for the due execution of his office as may be prescribed by or. The 2010 edition replaced the 1963 independence constitution.
In 1890, the british started settling in kenya after the imperial british east africa ibea company had navigated the country. Kenyas 2010 constitution uct faculty of health sciences. Contemporary readings 2011 lawafrica publishing k limited, at page 24. Phases in kenyas constitution history kenya monitor. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Kenyan politicsnot least by diminishing the role that ethnicity plays in the. Kenyas 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to early amendments, and was replaced in 1969 under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. 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. Commission for the implementation of the constitution.
The constitution of kenya the present constitution with amendments that has been in existence since 1969. Justice willy mutunga perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the kenyan constitution sets, through the judiciary, its barricades against destruction of its values and weakening of its institutions by forces external to itself. Proposed constitution of kenya pdf published by the national council for law reporting with the authority of the. Wango geoffrey mbugua wango geoffrey mbugua website. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The constitution also provided for a bicameral parliament. 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. Kenyas independence constitution of 1963 was, in the words of ghai. 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. County governments consist of a county assembly and a county executive. Amendments in kenyas first constitution kenya monitor. Kenya country constitutional profile constitutionnet. Proud of our ethnic, cultural and religious diversity, and determined to live in. New constitution helps kenyan women gain traction in.
Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Download pdf this is the constitution of kenya at independence in 1963. Kenya s independence constitution of 1963 was, in the words of ghai and mcauslan, based on two important principles parliamentary government and minority protection. It established a parliamentary system with executive powers vested in a cabinet. The pre2010 constitution of kenya did not capture concerns on innovation and ip. Enacted by the parliament of kenya as follows short title. In the meantime, a decision of the kenyan high court had changed the process in a major.
The republic of kenya shall be a multiparty democratic state. Today, the kenyan government circulated a copy of the constitution to kenyans at home and abroad. National values and principles of governance kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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.
The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The 2010 constitution of kenya and its interpretation. The draft harmonized kenya constitution appears to be here after twenty years of struggle. 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. The most essential prerequisite for success of the constitution is that the people act as the custodian of this, their constitution. Click on the image to download the constitution of kenya, 2010. This act may be cited as the constitution of kenya amendment act, 2017. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Constitutional protection of intellectual property in. Constitution of kenya, 2010 const2010 c35 constitution of kenya preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation. 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 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. Wananchi are supposed to study the document and make further recommendations to the committee of experts coe. Recognisingthe aspirations of all kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the.
The constitution of the republic of kenya, 1963 as. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. The constitution of kenya draft amendment bill, 2017 1 the constitution of kenya amendment bill, 2017 a bill for an act of parliament to amend the constitution of kenya by popular initiative enacted by the parliament of kenya, as follows. Part 2 legislation and procedure in the national assembly. Kenyas constitution making history can be traced to the period 18902010. 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. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. The kenyan constitution, with discussion of the constitutionmaking process and its content. 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. How kenya is changing under new constitution daily nation. Will kenyas 2010 constitution work for women and children. Respectful of the environment, which is our heritage, and.
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. Its spirit however prohibits discrimination against illiterate innovators. Constitutional transitions and territorial cleavages. Kenya constitution bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. The new constitution is made by the people, for the people. According to one survey, almost 70% of kenyan respondents believe that the new constitution is likely to make the. 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. Kenyas new constitution article pdf available in journal of democracy 222. A person elected as president in accordance with this constitution shall assume office as president as soon as he is declared to be elected.
The new kenyan constitution and homosexuality kenyans. This paper can be downloaded in pdf format from ielrcs website at. We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. The county assembly is made up of members elected from different wards in the county. In 1920, the british declared kenya a protectorate and a colony. 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. Honouring those who heroically struggled to bring freedom and justice to our land. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. It is peoplecentred, the very first article proclaiming their sovereignty, unlike the current one which proclaims the sovereignty of the president. 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 kenya constitution establishes 47 counties, each with its own government. Pdf on 4 august 2010, kenyans voted to adopt a new constitution, culminating a. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign.
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