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. Chapter six of the constitution of kenya 2010 implementation of leadership and integrity. The constitution establishes basic principles that set the foundation of the employeremployee relationship. We discuss the opportunities and suggest that if women are to make a wholesome contribution to the kenyan society they must take advantage of the. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. The na had 30 days to deliberate and approve the document, or recommend amendments. 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. Kenya the constitution of the republic of kenya, 2010. The new kenyan constitution of 2010 kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Kenya constitution 2010 for android free download and.
Aug 31, 2010 the 1963 lancaster constitution, which we are retiring, was the product of negotiations between less than 100 kenyans and the colonial government. The constitution of kenya is the supreme law of the republic of kenya. The bill of rights sets out fundamental rights and freedoms that belong to each and every individual in kenya. Parliament may enact legislation limiting the effect of clauses 1 and 2 on the descendents of kenyan citizens who are born outside kenya. Introduction since independence in 1963, the presidential regimes in kenya were associated with grand corruption that favoured a small section of kenyan society. The new constitution was approved by 67% of kenyan voters. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. The republic of kenya shall be a multiparty democratic state. Honouring those who heroically struggled to bring freedom and justice to our land. The rights are vast and range from the areas of citizenship, equal rights to. 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. Will kenyas 2010 constitution work for women and children.
Part 2 legislation and procedure in the national assembly. National assembly unanimously adopted the document without any amendments. For the first time, the highest law of the land recognised the role of women in. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The kenya constitution is the supreme law of kenya. Pdf kenyas 2010 constitution christina murray academia. The place of the minimum core approach in the realisation of.
Chapter four the bill of rights kenya law reform commission. Find out all about the current new kenyan constitution that was promulgated in 2010. On 2 april 2010 the assembly unanimously adopted the document without any amendments. The supreme nature of the constitution ensures that law or conduct can be found to be. Kenya employment law is kenya s first and only blog that is dedicated to answering your employment law questions so that you can thrive in employment and beyond. Since the promulgation of the constitution of kenya on 27th august 2010, several suggestions have been made to amend certain provisions of the constitution. Some of these suggestions have culminated into several proposed constitutional amendments.
Chapter ii the executive part 1 the president and the vice president 4 the. Proposed constitution of kenya as published by the attorneygeneral, 6. 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. The constitution was promulgated on 27 august 2010. Gender issues in the draft bill of the constitution of kenya. Recognition of the equal rights of women and men as expressed in the constitution is imperative towards achieving full empowerment of women. 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. Pdf the kenyan constitution, with discussion of the constitutionmaking process and its content. Kenyans overwhelmingly vote for the new constitution. Promoting the right to health in the kenyan constitution 2010. Check out constitute to read, search, and compare the worlds constitutions. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. The former constitution which, incidentally, had been changed in very major ways from that agreed at lancaster house was the product of elite negotiations. The constitution provides a legal framework that guarantees an allinclusive rightsbased approach to health service delivery to kenyans.
The making of the kenyan 2010 constitution is a story of ordinary citizens striving and succeeding to reject or as some may say, overthrow the existing social order and to define a new social, economic, cultural, and political order for themselves. The 2010 edition replaced the 1963 independence constitution. The 2010 constitution of kenya and its interpretation. The policy exhibits kenya s health sectors obligation, under the national government supervision, to ensure that kenya attain the highest possible standards of health, in response to the needs of its citizens. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. Until 1997, section 82 of the kenyan constitution dealing with. Gender equality in the new constitutional dispensation of. Kenyas 2010 constitution uct faculty of health sciences. Three months later, on 4 august, it was approved by over 67 per cent of the. The newest constitution of the kenyan government for the first time fully enumerated some individual rights to expression and information. Broadly stated, the objective of the project was both historical and. Gender activists have for a long time questioned the constitutional provisions. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. The constitution of the republic of kenya, 1963 as.
At the heart of it, the making of the kenyan 2010 constitution is a story of ordinary citizens. Kenyas judiciary discharges its mandate through the following branches. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. 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. Proud of our ethnic, cultural and religious diversity, and determined to live in.
Institutional reform in the new constitution of 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. Each indicator is given a score of 0 if an adequate policy does not exist or cannot be assessed. Firstly, they saw the constitution as not guaranteeing them equal rights with men.
However, there is a lack of unilateral freedom of expression for kenyan citizens. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. A constitutional referendum was held in kenya on 4 august 2010. On 28 february 2010 the coe submitted the proposed constitution of kenya to the national assembly na. Devolution of health services under the kenya s constitution 2010 kimani anndonna muthoni. Some have spoken of the new constitution as representing a second independence. National values and principles of governance kenya.
Constitutional transitions and territorial cleavages. Nov 11, 2018 1 this constitution recognises culture as the foundation of the nation and as the cumulative civilization of the kenyan people and nation. Constitution of kenya kenya law reform commission klrc. Migai akech abstract this article suggests that corruption in the kenyan government is largely an institutional problem, rather than a cultural one.
Part 1general provisions relating to the bill of rights. 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. Constitution of kenya, 2010 const2010 11 constitution of kenya preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation. Kenyan constitution also recognizes the rights of communities to manage their affairs and enhance developments the constitution of kenya, 2010, section 174 d. Kenya country constitutional profile constitutionnet. 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. Kenyan law system today is therefore significantly based on the constitution of kenya 2010 and other acts of parliament. We discuss the opportunities and suggest that if women are to make a wholesome contribution to the kenyan society they must take advantage of the framework in the new constitutional dispensation. Attorney general official publishes the proposed draft constitution of kenya 4 august 2010. The kenyans endorsed a new constitution in a referendum on the 4.
There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Kenya institutional reform in the new constitution of kenya. November 2009 the harmonised draft constitution written and proposed by the committee of experts was released on 17 november 2009 and had the. The new constitution represents a significant improvement in womens status in kenya in all spheres of life. 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. Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. Attorneygeneral, office of public communications, kenya pdf pdf doc. Promoting the right to health in the kenyan constitution 2010 1 promoting the right to health in the kenyan constitution 2010 introduction health rights advocacy forum heraf is a nongovernmental organization that brings together health professionals, ngos, fbos and plwha organizations to advocate for health as a fundamental human right in. 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. The 2010 constitution recreated kenyas system of devolved government, which was one of the pillars of the independence constitution, by establishing fortyseven counties with their own legislative county assembly and executive county executive organs, and allocated considerable legislative and executive powers and functions to those. In the year 2010, kenyans voted in the new constitution that was signed into law by the then president, mwai kibaki. On the contrary, each kenyan had the opportunity to create, debate the proposed constitution 2010 and for those of the voting age, vote for the new constitution. The kenyan constitution of 2010 recognizes both the concept of remedies for violation of constitutional provisions. Published by the national council for law reporting with the authority of the attorneygeneral.
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. The constitution establishes the basic principles that set the foundation of the employeremployee relationship. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. According to biau and biau, corruption in public institutions in kenya has been a telling indicator of wider governance. Kenya constitution chapter 6 leadership and integrity. It also epitomised the victory for the women of kenya. The committee held extensive public consultations and received many dozens of submissions. 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. 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.
Rampant corruption that has contributed to a huge loss of resources in kenya has been attributed to the arbitrary power vested in the executive. Constitution of kenya 2010 wikisource, the free online. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Dec 18, 2010 the new constitution represents a significant improvement in womens status in kenya in all spheres of life. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution.
1373 509 292 1479 237 801 692 1009 1511 407 221 299 71 333 1384 852 663 443 495 1138 1561 76 1544 363 1587 1304 1541 1389 80 1226 1142 832 347 141 1000 1416 27 1342 932 457 249 18