Devolution and access to services 1 the territory of kenya is divided into the counties specified in. 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. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. 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. 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. Article 26 of the 2010 constitution now incorporates into kenyan law all treaties ratified by kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. 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. 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. The constitution of kenya chapter 1 the republic of kenya 1.
Conceptual framework theoretical structure of assumptions, principles and rules that hold. Constitution of kenya kenya law reform commission klrc. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution of the republic of kenya, 1963 as. 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. Submission of the proposed constitution of kenya report on the submission of the draft constitution. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. No person may claim or exercise state authority except as authorised under this constitution. Supremacy of this constitution 1sovereignty of the people.
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. Empowermentincreasing the spiritual, political, social, educational, or economic strength of individuals and communities. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Article 60 f of the constitution of kenya 2010 provides for elimination of gender discrimination in respect of land. The promulgation of the 2010 constitution ushered in a new. 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. Select a 2010 kawasaki kl650e klr650 trade in value. 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.
Pdf constitutionalism under the constitution of kenya. The constitution enya kenya film classification board. The constitution of kenya amendment act no 1 of 1975 repealed constitution of kenya amendment no 2 of 1974. The constitution of kenya is the supreme law of the republic of kenya. Before the enactment of the new constitution, the old constitution did not provide for water provision as. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Download pdf final constitution of kenya 2010 download pdf fianl constitution of kenya approved by the consultative referandum of august 2010.
Constitutionalism under the constitution of kenya 2010. Broadly stated, the objective of the project was both historical and. Principles of governance are normative standards that oblige the state to perform its functions in a manner that promotes general wellbeing its people. 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. The constitution therefore dedicated a whole chapter. Chapter twothe republic 4declaration of the republic. Constitution as amended 2008, rev 2010 this is the constitution of the republic of kenya, as amended in 2008, rev. 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. 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. The republic of kenya shall be a multiparty democratic state.
Honouring those who heroically struggled to bring freedom and justice to our land. Attorneygeneral, office of public communications, kenya pdf pdf doc. The marital status of a daughter is not a basis to deny her the right to. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation.
The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below. Kenya the constitution of the republic of kenya, 2010. This thesis examines what informed that change and the legal implications of that provision read together with the ratification of treaties bill. National values and principles of governance kenya. The constitution of kenya amendment act no 5 of 1974 made kiswahili one of the official languages of the national assembly. The constitution of kenya amendment act no 10 of 1974 reduced the age of voting from 21 to 18. Part 2 legislation and procedure in the national assembly. It is intended to guide educators in delivering civic education for the proposed constitution of kenya, 2010.
For the first time, the highest law of the land recognised the role of women in. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. 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. Aug 29, 20 implementation of the constitution of kenya, 2010 is turning out to be an expensive venture. Respectful of the environment, which is our heritage, and. The kenyans endorsed a new constitution in a referendum on the 4.
A historical background to kenyas constitutional reform process. 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. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Kenya constitution chapter 6 leadership and integrity. 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. It also epitomised the victory for the women of kenya.
Will kenyas 2010 constitution work for women and children. Equality and freedom from discrimination kenya law. Pdf the water act 2002 and the constitution of kenya. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The constitution of kenya, 2010 the constitution of kenya under article 101, provides the national values and principles of governance binding all. 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. 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. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. 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. Constitution means the constitution of kenya, 2010. 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. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual.
The new kenyan constitution and homosexuality kenyans. Tins constitution is the constitution of zanzibar and shall have the. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The constitution of kenya the independent electoral and boundaries commission act no. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Three months later, on 4 august, it was approved by over 67 per cent of the.
The constitution of kenya, 2010 medical practitioners and. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Kenya institutional reform in the new constitution of kenya. 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. The 2010 edition replaced the 1963 independence constitution. Constitution of kenya 2010 wikisource, the free online. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. County governmentit is a geographical unit envisioned by 2010 constitution of kenya as unit of devolved government. Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4.
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 constitution of kenya 2010 recognizes water and sanitation services as a basic right. 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. The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. The legal implications of article 26 of the constitution of. Chapter six of the constitution of kenya 2010 implementation of leadership and integrity. This constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government. Jurisdiction part ii private international law in commonwealth. 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. Feb 26, 2015 is kenya a unitary or federal state according to 2010 constitution. It also seeks to ensure that a rightsbased approach to health is adopted and applied in the delivery of health services. It is carefully analysed, well annotated and presented in. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. 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.
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