Principles of governance are normative standards that oblige the state to perform its functions in a manner that promotes general wellbeing its people. The marital status of a daughter is not a basis to deny her the right to. 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. Constitution as amended 2008, rev 2010 this is the constitution of the republic of kenya, as amended in 2008, rev. 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. 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. We, the people of kenya 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. County government means the county government provided for under article 176 1 of the constitution criminal offence means amisconduct that breaches governing laws or rules. No person may claim or exercise state authority except as authorised under this constitution.
The constitution of kenya amendment act no 1 of 1975 repealed constitution of kenya amendment no 2 of 1974. The constitution of kenya the independent electoral and boundaries commission act no. 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 amendment act no 5 of 1974 made kiswahili one of the official languages of the national assembly. 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. National values and principles of governance kenya. The validity or legality of this constitution is not subject to challenge by or before any court or other state organ. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. 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. Will kenyas 2010 constitution work for women and children. 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. When kenyans overwhelmingly voted for the constitutional text in 2010, the hope was that cycles of violence, poverty, bad governance, poor economic policies, imprudent use of natural resources and perennial famines would cease. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010.
This thesis examines what informed that change and the legal implications of that provision read together with the ratification of treaties bill. Aug 08, 2010 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 kenya. A historical background to kenyas constitutional reform process. Constitution means the constitution of kenya, 2010. Article 26 of the 2010 constitution now incorporates into kenyan law all treaties ratified by kenya. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. Pdf the water act 2002 and the constitution of kenya. The constitution of kenya, 2010 the constitution of kenya under article 101, provides the national values and principles of governance binding all.
Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4. 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. The constitution therefore dedicated a whole chapter. Empowermentincreasing the spiritual, political, social, educational, or economic strength of individuals and communities. Over 67% of kenyan voters approved this new constitution in a. Aug 29, 20 implementation of the constitution of kenya, 2010 is turning out to be an expensive venture. The constitution of kenya, 2010 medical practitioners and.
It is intended to guide educators in delivering civic education for the proposed constitution of kenya, 2010. The kenyans endorsed a new constitution in a referendum on the 4. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. The constitution enya kenya film classification board. Implementation of chapter six of the constitution of kenya 2010 in view of that, there was need to establish standards for the credibility of the future and the incumbent leaders of kenya. 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. Feb 26, 2015 is kenya a unitary or federal state according to 2010 constitution. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. The promulgation of the 2010 constitution ushered in a new. Chapter six of the constitution of kenya 2010 implementation of leadership and integrity. On august 4th 2010, the people of kenya voted and passed a new constitution.
Constitution of kenya 2010 wikisource, the free online. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Equality and freedom from discrimination kenya law. Constitution of kenya kenya law reform commission klrc. Jurisdiction part ii private international law in commonwealth. The constitution of kenya is the supreme law of the republic of kenya. County governmentit is a geographical unit envisioned by 2010 constitution of kenya as unit of devolved government. It also seeks to ensure that a rightsbased approach to health is adopted and applied in the delivery of health services.
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. Conceptual framework theoretical structure of assumptions, principles and rules that hold. Enacted by the parliament of kenya as follows short title. Submission of the proposed constitution of kenya report on the submission of the draft constitution. This constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The constitution of kenya 2010 recognizes water and sanitation services as a basic right. Laws of kenya constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral constitution of kenya, 2010 const2010 c353 constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history.
Select a 2010 kawasaki kl650e klr650 trade in value. 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. Pdf constitutionalism under the constitution of kenya. The public seal of kenya shall be such device as may be prescribed by or under 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 the constitution of kenya chapter 1 the republic of kenya 1.
Kenyans yearned to have confidence in the constitutional offices. Article 60 f of the constitution of kenya 2010 provides for elimination of gender discrimination in respect of land. 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. Broadly stated, the objective of the project was both historical and. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. The constitution of the republic of kenya, 1963 as.
Part 2 legislation and procedure in the national assembly. Kenya s new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to the subnational units called counties in 20. It also epitomised the victory for the women of kenya. Attorneygeneral, office of public communications, kenya pdf pdf doc. Towards realising womens rights in the constitution iii our constitution, our life foreword there is no doubt that the constitution of kenya 2010 cok 2010 presents a new dawn for the majority of kenyan women. Kenya constitution chapter 6 leadership and integrity. The new kenyan constitution and homosexuality kenyans. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Chapter twothe republic 4declaration of the republic. Three months later, on 4 august, it was approved by over 67 per cent of the. The 2010 edition replaced the 1963 independence constitution. 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 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. For the first time, the highest law of the land recognised the role of women in.
Supremacy of this constitution 1sovereignty of the people. Posted on february 26, 2015 by oyaro ezra 1 comment most of us the kenyan citizens had the idea of voting in of the kenyan constitution in 2010 bearing in mind of article 6 of the cok that elaborates that our territories are divided into counties. Before the enactment of the new constitution, the old constitution did not provide for water provision as. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. The manual contains information on how to conduct civic education sessions. 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. Respectful of the environment, which is our heritage, and. The legal implications of article 26 of the constitution of. The republic of kenya shall be a multiparty democratic state.
The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below. The constitution of kenya amendment act no 10 of 1974 reduced the age of voting from 21 to 18. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. It is carefully analysed, well annotated and presented in. The constitution of kenya chapter 1 the republic of kenya 1. Article 59 4 of the constitution of kenya, 2010 mandates parliament to enact legislation to give full effects to the bill of rights and implementation of the functions of the kenya national human rights and equality commission. The constitution of kenya 2010 was ratified by kenyans on the august 4, 2010 referendum by over 67% of kenyans who voted during the referendum approved of the proposed constitution. Kenya the constitution of the republic of kenya, 2010. Download pdf final constitution of kenya 2010 download pdf fianl constitution of kenya approved by the consultative referandum of august 2010. Honouring those who heroically struggled to bring freedom and justice to our land. Kenya institutional reform in the new constitution of kenya.
Tins constitution is the constitution of zanzibar and shall have the. Devolution and access to services 1 the territory of kenya is divided into the counties specified in. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. 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. Devolution in kenyas new constitution in 2010, on the cusp of kenya s new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenya s democratic change framework. Constitutionalism under the constitution of kenya 2010.
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