Timeline of kenyas constitutional history the following table outlines kenyas constitutional changes, preceding the current 2010 constitution. From the 1st general election held in kenya to the most recent 20 general election, men have been the majority in parliament. The constitution of kenya amendment bill, 20 kenya law. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. 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. The petition was filed at the supreme court of kenya on 16 march 20 the report of the kriegler commission on the crisis that followed the 2007 general election placed a special requirement of fiduciary duty on the supreme court of kenya.
Honouring those who heroically struggled to bring freedom and justice to our land. Constitution and rule 6 and 19 of the constitution of kenya protection of rights and fundamental freedoms practice and procedure rues, 20 take notice that his honourable court shall be moved on the day of 2014 or so soon thereafter as the counsel for the applicant, the redress trust, may be heard on an application for orders. General revision of the provisions of the iqsk constitution and correction of grammatical and legally unsound provisions were incorporated. The african charter on the human and people rights. Memorandum on the constitution of kenya amendment no. The petition was filed at the supreme court of kenya on 16 march 20.
National values and principles of governance kenya. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. The constitution of kenya, 2010 has however, been gender conscious as it stipulates strategies of affirmative action to bring women into the limelight. 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. Kipchumba murkomen, separately examines how the new constitution has recon. Kenya is located at the equator and shares biorders with ethiopia in the north, somalia in the northeast, tanzania in the south, uganda and lake victoria in the west, and sudan in the northwest. In kenya, the electoral campaigns that preceded the march 20 general elections were expected to enable the citizens to objectively vote for personalities who would access political power the new kenyan constitution empowers the citizens to control and stop the manipulation of electoral process by political aspirants to fraudulently gain. International human rights instruments as sources of kenyan constitution and medias role in advocating for guaranteed rights and freedoms. Constitution of kenya kenya law reform commission klrc. The constitution further states that, after every general election, the president must issue a notice announcing the place and date for the first sitting of parliament. It also epitomised the victory for the women of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The constitution of the republic of kenya, 1963 as amended. New constitution helps kenyan women gain traction in.
Constitution of kenya, 2010 4 chapter fiveland and environment part 1land 60principles of land policy. In kenya, the electoral campaigns that preceded the march 20 general elections were expected to enable the citizens to objectively vote for personalities who would access political power. Enabling act amendment 1 constitution of kenya amendment act no. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution examples of these are. Kenyas constitution served principally as a tool that presidents jomo kenyatta and daniel arap. Incidence and complications of unsafe abortion in kenya.
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. Pdf the kenyan constitution, with discussion of the constitutionmaking. Mar 29, 20 new constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level. In fact, there has been a stark increase of respondents who perceive the current state of corruption in kenya as high in 20 64 per cent compared to 2012 41 per cent. Pdf on 4 august 2010, kenyans voted to adopt a new constitution, culminating a process that.
The 2010 edition replaced the 1963 independence constitution. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The kenya presidential election petition of 20 was an election petition aiming to declare the kenya presidential election 20 invalid. Over 67% of kenyan voters approved this new constitution in a referendum that paved way for a historic and spectacular moment in kenyas democracy. Data from institute for education in democracy, from law to practice. The constitution provides that a sitting of either house may be held at any place within kenya and may commence at any time that the house appoints. A report on the assessment of political parties adherence to the law in kenya 44 2015. New constitution helps kenyan women gain traction in politics. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. In fact, there has been a stark increase of respondents who perceive the current state of corruption in kenya as high in 20 64 per cent compared to 2012 41 per cent transparency international kenya 20. Chapter four the bill of rights kenya law reform commission. Although kenya has made strides in democracy, the election results show that technology has failed them.
It has been the experience in kenya that women are underrepresented. Kenyan citizens also confirm a widespread perception of corruption. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The republic of kenya is a country in east africa bordered by the indian ocean. It established a parliamentary system with executive powers vested in a cabinet.
Kenyan perspectives edited by yash ghai and jill cottrell ghai and published by the katiba institute, a civil society organization in nairobi dedicated to the implementation of kenyas 2010 constitution. 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. In 20, probably the most significant presidential election in africa will be in kenya on march 4, and it is likely to have farreaching. Technology, transparency, and the kenyan general election. The kenyan constitution, with discussion of the constitutionmaking process and its content. Published in 20 61 neue folge band jahrbuch des offentlichen rechts 747. For the first time, the highest law of the land recognised the role of women in. A comparative perspective chapter 7 vol 2 20 ahrlj 18 download original files pdf format. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Acknowledging the supremacy of the almighty god of all creation. The new constitution also incorporates international treaties to which kenya is a party, as well as general principles of international law into kenyas domestic law, thereby enshrining international human rights norms into the new constitution. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life.
The kenyan constitution, with discussion of the constitution making process and its content. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. The 1963 constitution, which was negotiated between the british government and representatives of kenyas political parties, marked the end of colonial rule and transformed the colony into a dominion. The constitution of kenya is the supreme law of the republic of kenya. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution.
See, however, the case of trusted society of human rights alliance v attorney general high court of kenya at nairobi, petition no 229 of 2012 the mumo matemu case paras 77, 98. Constitution of kenya 2010 wikisource, the free online. As noted above, speakers of both houses of the kenyan parliament are ex officio members of the bodies. We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. The 2010 kenyan constitution and the hierarchical place of. Do articles 25 and 26 of the constitution of kenya.
Published in 20 61 neue folge band jahrbuch des offentlichen. The book which features papers by zein abubakar, karuti kanyinga. The cabinet was headed by a prime minister, appointed by the queen of england from the majority. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Dec 18, 2012 in 20, probably the most significant presidential election in africa will be in kenya on march 4, and it is likely to have farreaching implications not only for kenya but also for the region. 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 public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Incidence and complications of unsafe abortion in kenya 1 ministry of health august 20. The republic of kenya shall be a multiparty democratic state. Pdf international human rights instruments as sources of. The 2010 kenyan constitution and the hierarchical place of international law in the kenyan domestic legal system.
Part 1general provisions relating to the bill of rights. Devolution in kenyas new constitution other states in africa that have attempted to redress similar historical land and justice questions. The constitution of the republic of kenya, 1963 as. Limitation of socioeconomic rights in the 2010 kenyan. The iqsk constitution and bylaws of 20 were amended to achieve general clarity in the constitution by removing ambiguous and grammatically incorrect words from the document. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. African population and health research center, ministry of. Kenya country constitutional profile constitutionnet. The constitution of kenya chapter 1 the republic of kenya 1.
We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Every individual shall have a right to education ii. Technology, transparency, and the kenyan general election of 20. New constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level.
Kenyas constitutional history university of cambridge. 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. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenyas fortyseven county governments. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was.