Kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. The constitution of kenya 2010 contains a comprehensive bill of rights. Should we vote red or green on kenya s proposed new constitution. We will not have other laws that go against the constitution and if there shall be a law which is contrary to the constitution, it will have no place in kenya. Constitutional transitions and territorial cleavages. The functions of county governments in kenya are enshrined in the constitution. Reforms in governance in kenya establishing strengthening anti corruption institutions, creating the enabling policylegal environment and enhancing the rule of law. Kenya has had two major constitutional reforms involving wholly new texts since gaining independence. Through this process, the government has identified several key social protection actions in the areas of social assistance, social security, and health insurance. Recently, kenya promulgated a new constitution, which is in fact lauded as one of the most progressive constitutions in the world. Elections, representations and the new constitution. Alteration of the constitution a proposals for amendments to this constitution or dissolution see clause 11 must be delivered to the secretary in writing.
Under colonial rule, british army officers of the 1950s understood that the law was malleable to their definition of necessity bennett, 20, 1. 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 2010 constitution of kenya, currently in force, replaced the 1969 constitution. The republic of kenya shall be a multiparty democratic state. The rule of law in kenya and the status of human rights. Constitutional development in kenya in 1999 by kivutha kibwana introduction this report traces and evaluates constitutional development in kenya in 1999. Constitution law of kenya essay sample sample essays. Article 10 of the constitution is on the national values and principles of governance. In 1969, the 1963 independence constitution was replaced with a new text that entrenched amendments already made to the system of government that the independence constitution had contemplated. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Ethnic politics in kenya violence in twentieth century africa.
Article 100 of the constitution should be made operational through the enactment of legislation for promoting the effective representation of article 100 groups. 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. Its spirit however prohibits discrimination against illiterate innovators. The highlights of the evolution of kenya s constitution can be highlighted by the following events. A constitution is the supreme legal document on which all the laws, acts, delegated legislations and regulations of a country are based. The women were, through the constitution are assured of enjoying their rights in more comprehensive than even before. The presidency and public authority in kenyas new constitutional order sid constitution working paper no. The house of representatives shall be composed of members chosen every second year by the people of the several. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. A constitution may also function as a uniting force.
Drawing on previous plans to fix the same issues, mutunga and his team developed a farreaching reform program. The rule of law in kenya and the status of human rights gibson kamau kuria currently lives in the united states as apolitical exile from his homeland, kenya. This sample constitution is for illustrative purposes only. Constitutionalism is one of the most elusive term in the description of the situations in almost all states in africa. African constitutions african studies centre leiden.
Importance of constitution significance of constitution. Sections 4 which outlines conditions for provision of water. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. It considers only those political and economic factors which contribute to specific constitution making features. The primary function of a constitution is to lay out the basic structure of the government according to which the people are to be governed. Enabling act amendment 1 constitution of kenya amendment act no. International center institutional reform in the new constitution of kenya for transitional justice forward on august 4, 2010, kenyans went to a referendum and voted to adopt a new constitution to replace the previous one that had been negotiated at independence from the british in 1963.
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 constitution of kenya creates a platform for gender equality and nondiscrimination. First and foremost is the challenge of creating popular pressure to make the constitutional process inclusive and participatory. This is a reprint of the constitution of the republic of uganda 1995, which was authorised by the attorney general under the acts of parliament reprint ofmiscellaneous enactments order, 2006, statutory instrument no. Constitutional law ii intends to impart skills, knowledge, attitudes and values skav in three major areas. Government of kenya initiated a wide consultative process to formulate a national social protection framework. The rules and regulation that formed the constitutional basis of precolonial communities in kenya were mainly formulated by the councils of elders and then handed down from generation to generation. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. National values and principles of governance kenya. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. As a result, african constitutions were heavily influenced by the former colonizers in the 1960s, the us or the soviet union during the cold war and, more recently, by the requirements of the international donor community. Kenyas constitutional history university of cambridge.
Constitution making process in kenya in precolonial. Kenyan constitution amendments thru time wild about africa. Constitutional, social and political theory, values and principles with specific reference to kenya. Th erefore, constitution making is an important part of the process of ensuring justice, peace, security and goodgovernance. Background to the constitutional reform process in kenya for many years kenyans have yearned for a constitution that could ensure the welfare of the people and stability of the nation, and a democratic constitutional order that is responsive to the needs and aspiration of the people. Ghana has over the years developed into a world player with its government engaging in all kinds of international business and economic transactions with foreign partners. Most african countries did not have a constitutional history before colonialism. Constitutional reform in kenya has been a major issue since kenya gained independence. A bad constitution is blamed for the postelection crisis, allowing the president to pack the electoral commission. The constitution fixes the terms of president and, vice president at four years, of senators at six years, and of representatives at two years.
In a major leap, the 2010 constitution of kenya recognises international law as part of the domestic legal order. Reforms in governance in kenya establishing strengthening. Constitution questions and answers national archives. These procedures are partly related to the different historical scenarios and substantive material factors that give rise to econstitutions. The constitution of the republic of kenya, 1963 as. This legislation may be referred to as the promotion of the representation in parliament. Nov 03, 2017 download pdfprint articleconflict in a constitutional system is not a bug. Article 14 of the constitution says that people exercise their sovereign power at the national and the county level.
The kenyans endorsed a new constitution in a referendum on the 4. The status of international law in kenya by maurice oduor. A constitutional referendum was held in kenya on 21 november 2005. Published by the national council for law reporting with the authority of the attorney general. Article 88 of the constitution is amended in clause amendment of. Being sovereign, the nation must ensure that its actions are in accordance.
It also provides a fresh impetus for a national policy to chart a roadmap for the attainment of the constitutional provisions. Making copies of the constitution available to all is the first step towards. This included being consulted during the constitutional. Constitutional development in historical perspective 1960 1999 since this kenya.
Although many government officials, including president mwai kibaki, had campaigned for a yes vote, the proposed new constitution was rejected by 58% of voters despite the rising number of literate voters in kenya 74%, ballot papers used symbols as well as text to indicate the choices. The constitution of the republic of kenya, 1963 as amended. 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. Senegals constitution of 2001 with amendments through 2009. Chapter three citizenship kenya law reform commission. The secretary in conjunction with all other officers shall then decide on the date of a forum meeting to discuss such proposals, giving at least four weeks 28 days clear notice. Since the development of opposition to recent changes in kenya s constitutional and political systems, mr. In 2010, the government did a remarkable duty by creating a new constitution that outlines the functions of a.
The highlights of the evolution of kenyas constitution can be highlighted by the following events. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Modern kenya s constitutional history and development, like that of all former british colonies can be traced back to the lancaster house conferences designed by the british empire to prepare its colonies for independence between 1953 and 1979.
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. 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. In constitutional discourse, preambles are often ignored by scholars, judges, and practitioners alike. Short title this act may be cited as the nongovernmental organizations coordination act, 1990. Constitution of kenya the constitution of kenya arrangement of sections chapter i the republic of kenya section 1 declaration of republic. Jomo kenyatta is installed as kenyas first prime minister. Origin of kenya the territory now known as kenya came into existence on 12th december 1897 as a protectorate of the british monarch. 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 constitutional crisis preceded the political one. Section one describes the meaning and nature of constitutional development. This article considers the procedural and resulting legitimacy issues of constitutionmaking and fundamental constitutional amendment. Judicial sector reforms in kenya, 20112015 synopsis when willy mutunga became kenyas chief justice in 2011, he made reductions in judicial delay and corruption top priorities. Balkin kenya is facing both a political and a constitutional crisis. The book departs from this tendency and dedicates space to discuss the place of the preamble in kenya s constitutional edifice.
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. This article considers the procedural and resulting legitimacy issues of constitution making and fundamental constitutional amendment. The role and functions of county governments in kenya. The pre2010 constitution of kenya did not capture concerns on innovation and ip. Kenya institutional reform in the new constitution of kenya. Constitution making process in kenya in precolonial, colonial and postcolonial eras. Laws of kenya the constitution of kenya revised edition 2008 2001 published by the national council for law reporting with the authority of the attorney general. Creating the birth certificate of a new south africa. Dec 06, 2012 constitutionalism is one of the most elusive term in the description of the situations in almost all states in africa. This provides courts with the opportunity to seek inspiration from the nonmunicipal legal framework when resolving disputes. Elections, representations and the new constitution sid constitution working paper no.
It is the constitution of a country, which establishes the three main organs of the government, namely, the legislature, executive and judiciary. The non kanu ndp mps, with the exception of three mps, boycotted the proceedings of the select committee. Constitutional protection of intellectual property in kenya. Constitution law of kenya essay example for free newyorkessays database with more than 65000 college essays for studying. Jomo kenyatta is installed as kenya s first prime minister. County governments in kenya are one of the two arms of government. However, the manner in which the constitution incorporates international law is ambiguous and confusing. His areas of research and publication include public law, ethnic relations, autonomy and federalism, human rights, comparative constitutions, and sociology of law. Timeline of kenyas constitutional history the following table outlines kenya s constitutional changes, preceding the current 2010 constitution. For the first time, the highest law of the land recognised the role of women in the overall development of the country. The text in red is to provide discussion points as you draft your clubs constitution please, if you use.
Uraias activities will focus on four strategic goals with entrenching the new constitution at both individual and institutional levels through internalization processes, being key. Principles and concepts august 2014 about this series these constitution building primers are intended to assist incountry constitution building or constitutional reform processes by. Model constitution for a community based organisation page 2 as a water services provider version 1 april 2001 5. 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. Section two presents a historical perspective of constitutional development from 1960 to1999. An introduction to kenya constitutional law the kenya constitutional law focuses on the organization of the state. The kenyan constitution does not just exist as a collection of simple rules defining and granting power, but instead these rules put into practice a legal framework of principles. Kenyans have suffered from marginalization since the country gained independence. The situation began to change with the end of the cold war, and the victory of western capitalism, meaning that the west now saw little point in buttressing dictators. Broadly stated, the objective of the project was both historical and. International principles and best practices for the proposed freedom of information policy 2007 to be effective in implementing a foi. Constitution of the united states 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 ordain and establish this.
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