Kenya institutional reform in the new constitution of kenya. A historical background to kenyas constitutional reform process. Zareen iqbal in 1963, in tandem with achieving independence, kenya adopted its first national constitution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Constitutional supremacy over arbitration in kenya kariuki muigua1 abstract the constitution of kenya, 2010 is the supreme law of the land, a principle entrenched under article 2 thereof.
Football kenya federation fkf is a society registered in kenya under the societies act cap 108 laws of. Armed forces rules of procedure 1969 under cap 99, repealed. Proposed new constitution kenya pdf recognisingthe aspirations of all kenyans for a government based on the. Masya, arne tostensen and kamotho waiganjo, kenya constitutional documents. Further amendments to the 1969 constitution were later effected, including, in 1982. Order in council 1963, as amended by the constitution of kenya amendment act 1964, the constitution of kenya amendment no.
The legal regime as it exists barely prohibits torture but do not provide sufficient punishment. London and nairobi 1963 to negotiate kenyas independence constitution. Obligations in respect of the environment kenya law. It is therefore important that kenya enacts legislation to criminalize. 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. In august 2010 kenya successfully promulgated a new constitution. The constitution of kenya the present constitution with amendments that has been in existence since 1969. The demise and rise of majimbo in independent kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The republic of uganda is bordered on the east by kenya, on the southeast by lake victoria, on the south by tanzania and rwanda, on the west by zaire, and on the north by sudan.
Eluid mathu became first african appointed to the legislative council legco 1952. The constitution of kenya is the supreme law of the republic of kenya. 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. The constitution of kenya arrangement of sections chapter icitizenship section 1 persons who become citizens on 12th december 1963. Constitution of kenya 1963 as originally enacted the 1969 constitution. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Dec 06, 2012 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. 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. Kenyan constitution amendments thru time wild about africa. The constitution of the republic of kenya, 1963 as amended to 2008 arrangement of sections chapter i the republic of kenya section 1declaration of republic. It is also predominantly roman catholic country with many different co existing ethnic groups. The constitution of the republic of kenya, 1963 as.
Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenya, 1969 and articles 24, 25, 28, 29, 51 1, 47 1, 39 1 and 24 1 of the constitution of the republic of kenya, 2010. Kenya s 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to early amendments, and was replaced in 1969. Enacted by the parliament of kenya as follows short title. The draft constitution of kenya, 2004 the socalled bomas draft that was prepared by the. The constitution of kenya amendment act no 5 of 1969 consolidated all the constitutional amendments as at february 1969 thereby resulting in a revised constitution for kenya in one document which was declared to be the authentic document. This study compares the three constitutional documents listed below that were the. Membership of eck altered by making all members appointed by the president. 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. Chapter ii the executive part 1 the president and the vicepresident 4the office of president.
Section two presents a historical perspective of constitutional development from 1960 to1999. Promulgated a new kenyan constitution at a public ceremony in nairobi. Broadly stated, the objective of the project was both historical and. Now this constitution is adopted as the constitution of the football kenya federation. The demise and rise of federalism as a governing system in independent kenya, normally referred to by the swahili word majimbo literally provincesstates, remains a scarcely studied and understood subject in that nations first fifty years of independence. Honouring those who heroically struggled to bring freedom and justice to our land. The republic of kenya shall be a multiparty democratic state. Jul, 2010 the constitution of kenya amendment act no 5 of 1969 consolidated all the constitutional amendments as at february 1969 thereby resulting in a revised constitution for kenya in one document which was declared to be the authentic document. We will look at kenyas policynational interest within the east african region as well as her relations with uganda, kenyas most important trading partner. Proposed constitution of kenya pdf published by the national council for law reporting with the authority of the. 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. The constitution of the republic of kenya, 1963 as amended. Jun 09, 2017 constitution of kenya 1963 as originally enacted the 1969 constitution.
The kenyans endorsed a new constitution in a referendum on the 4. Section one describes the meaning and nature of constitutional development. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service.
Kenya has in place an arbitration act to define the scope, responsibilities and limitations of. If the woman decides to opt for termination, she should be treated with compassion, and referred appropriately. This act may be cited as the constitution of kenya. Constitutional development in kenya in 1999 by kivutha kibwana introduction this report traces and evaluates constitutional development in kenya in 1999. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Recently, kenya promulgated a new constitution, which is in fact lauded as one of the most progressive constitutions in the world. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Constitution of kenya 1969 as originally enacted the 2010 constitution. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
Kenya has provisions in its legal system that aim at prohibiting torture and other cruel, inhuman or degrading treatment or punishment. Constitution of kenya wikisource, the free online library. 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.
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