Kenya the constitution article 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 origin or residence or other local connection, political opinions, color, creed or sex, but subject to respect for the. Independence of the judiciary 1 in the exercise of judicial authority, the judiciary, as constituted by article 161, shall be subject only to this constitution and the law and shall not be subject to the control or direction of any person or authority. 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. Defence of this constitution 1 every person has an obligation to respect, uphold and defend. Kenya the constitution of the republic of kenya, 2010. The second amendment is the constitution amendment act, 2005. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. In the freedom of the world index for 2017, kenya held a rating of 4 for civil liberties and political freedoms, in which a scale of 1 most free to 7 least free is practised. The constitution enya kenya film classification board. Stronger protections for the lives and health of women the new constitution affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010.
A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. All sovereign power belongs to the people of kenya. National values and principles of governance 1 the national values and principles of governance in this article bind all state organs, state officers, public officers and all persons whenever any of them. The constitution of kenya, 2010, gives more clarity to the relationship of international law in the kenyan legal system, removing the need for domestication as per the preaugust 2010 status quo. 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. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Kenyas 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. Revised harmonized draft constitution of kenya comprising. Attorneygeneral, office of public communications, kenya pdf pdf doc. This act may be cited as the constitution of kenya, 2010 amendment act, 2015.
The constitution of the republic of kenya, 1963 as amended. Rwandas constitution of 2003 with amendments through 2010. National values and principles of governance kenya. 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 of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. Private institutions may be partial in their decisions, abuse their power and. Articles 11 and 40 of the constitution of kenya 2010 places obligation on the government of kenya to support, promote and protect the intellectual property rights of the people of kenya. Therefore, with the promulgation of constitution of kenya 2010, article 10 came to life.
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. 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 referendum on 4 august 2010. The wording of article 47 of kenyas constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Article 10 defines the values in which kenya is founded. Kenyan constitution, chapter ten, part 1, article 159 to. The technical university of kenya commitment to national. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. National values and principles of governance kenya law.
Stronger protections for the lives and health of women the new constitution affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services. The republic of kenya shall be a multiparty democratic state. 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. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Enacted by the parliament of kenya as follows short title. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. It attributes such corruption to the predominance of arbitrary power, especially in the statutory as opposed to constitutional order. Article 158 of the constitutional law of 1992, the noble and irrefusable mandate to proceed with the drawing up and approval of the constitution of the republic of angola. This paper can be downloaded in pdf format from ielrcs website at.
Government according to the constitution and other statutory documents resources needed fourth schedule of the constitution of kenya 2010 annex i task explanatory notes 1. The court noted that the creation of article 257a in the constitution, now article 258 in the 2000 revised edition, was inconsistent with article 88 of the constitution, which provides for the quorum of parliament when voting on any question. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections the result was a victory for the yes campaign, with 68. In groups of three or five fill out the table below without referring the constitution. The 2010 edition replaced the 1963 independence constitution. The constitution of kenya in article 2 1 c i ii on the functions of the president states that. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Chapter six leadership and integrity kenya law reform. The constitution of the republic of kenya, 1963 as. Human rights in kenya internationally maintain a variety of mixed opinions. The role and responsibilities of the commission secretary.
You risk 10 years in jail for sharing pdf copies of. Improving access to justice in kenya through horizontal. Nov 11, 2018 2 the republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Article 248 of the constitution of kenya 2010 enshrines independence for commissions such us the commission for salary and remuneration.
The new constitution was approved by 67% of kenyan voters and promulgated on 27th august 2010. Pdf the kenyan constitution, with discussion of the constitutionmaking process. Three months later, on 4 august, it was approved by over 67 per cent of the. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Kenya institutional reform in the new constitution of kenya.
The kenya constitution is the supreme law 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. Do articles 25 and 26 of the constitution of kenya 2010. The house of representatives shall be composed of members chosen every second year by the people of the several. Constitution of kenya 2010 wikisource, the free online. Regulation of private power administrative law can be used to regulate private powers when they operate in excesses. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Will the new constitution enhance government accountability. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. The role and responsibilities of commissioners article 9.
Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. The people may exercise their sovereignty directly or through their elected representatives. Migai akech abstract this article suggests that corruption in the kenyan government is largely an institutional problem, rather than a cultural one. All these laws form the legal framework for public participation in kenya.
Chapter twothe republic 4declaration of the republic. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. The constitution was presented to the attorney general of kenya on 7th april 2010, officially published on 6 may 2010, and was subjected to a referendum on 4 august 2010. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Do articles 25 and 26 of the constitution of kenya. It further defines the shared commonalities that bounds the people of kenya into a common history, culture and traditions in an attempt to define nationhood. Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. 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. Article 248 of the constitution of kenya 2010 enshrines. 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. Like section 33, article 47 mandates the enactment of legislation to give effect to these. Conscious of the immense importance and great value invested in the creation and adoption of the first and fundamental law of the state and of angolan society. Broadly stated, the objective of the project was both historical and.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. The legal framework for public participation in kenya. Find out all about the current new kenyan constitution that was promulgated in 2010. Kenyas 2010 constitution faculty of health sciences university. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. In the wake of the genocide against the tutsi that was organised and. 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. A constitutional referendum was held in kenya on 4 august 2010.
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