The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. By elina omwoha the constitution of kenya, 2010, seeks to repudiate the historical exclusion of women from the mainstream society, thus, creating a freedom for women to maneuver their way both in the private and public globe on an equal footing with men. The constitution has enjoyed tremendous support both abroad and at home. On 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally. Constitutional reform in kenya has been a major issue since kenya gained independence. Wananchi are supposed to study the document and make further recommendations to the committee of experts coe. Institutional reform in the new constitution of kenya ictj. The validity or legality of this constitution is not subject to challenge by or before any court or other state organ. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. Gender equality in the new constitutional dispensation of. Affirmative action under the 2010 constitution of kenya. Decentralization in kenya background note september 2010. When the proposed constitution was tabled before parliament for. This is because education plays a key role in organizational performance.
Proposed constitution of kenya as published by the attorneygeneral, 6. Enter your email address to receive notifications of new posts by email. The document introduces far reaching changes to kenya. 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. Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. The constitution of the republic of kenya 2010 contents. Leadership and integrity authority assigned to a state officer vests in the responsibility to serve the people, rather than the power to rule them. Any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid. The kenyans endorsed a new constitution in a referendum on the 4. The politics of kenya take place in a framework of a presidential representative democratic republic, whereby the president of kenya is both head of state and head of government, and of a multiparty system in accordance with a new constitution passed in 2010 executive power is exercised by the executive branch of government, headed by the president, who chairs the cabinet, that is composed. In this paper, the existing education structure and principles are examined via a brief of anticipated development aligned with the new constitution. If accompanied by strong followup action, the new constitution will improve kenya s prospects for democracy, justice and respect for human rights, said njonjo mue, head of the kenya. Three months later, on 4 august, it was approved by over 67 per cent of the. County governments kenya law reform commission klrc.
Kenyas 2010 constitution uct faculty of health sciences. Kenya institutional reform in the new constitution of kenya. 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 highlights of the evolution of kenya s constitution can be highlighted by the following events. 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. Formerly a british colony, kenya became a republic in 1963. Page 2 of 21 introduction kenya has a new constitution and as a result the country is embarking on fundamental devolution of power. Constitution of kenya 2010 wikisource, the free online. The new constitution divides the country into 47 counties, to which.
Decentralization in kenya background note september 2010 main author. 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. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. 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. 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. Jomo kenyatta is installed as kenya s first prime minister. The people of kenya in a referendum adopted a new constitution replacing. The new constitution was approved by 67% of kenyan voters. National values and principles of governance kenya.
If the woman decides to opt for termination, she should be treated with compassion, and referred appropriately. An audit of the 2010 constitution of kenya katiba institute. On august 4th 2010, the people of kenya voted and passed a new constitution. The constitution of 2010 was the result of a reform process seeking to address several contentious issues, including land and environmental governance. Proposed amendments to the constitution of kenya 2010 willis evans otieno. Chapter twothe republic 4declaration of the republic. Kenya the constitution of the republic of kenya, 2010. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. A person who is convicted of a criminal offence may petition the high court for a new trial if. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Attorneygeneral, office of public communications, kenya pdf pdf.
In 2010, kenya adopted a new constitution by referendum. 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. Honouring those who heroically struggled to bring freedom and justice to our land. If implemented in a responsible way, the new constitution may thus address some of the central causes of violent conflict in kenya. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. The constitution of kenya the independent electoral and boundaries commission act no. This is an open online platform facilitated by uraia trust to enable civil society organisations and individuals to navigate through these uncertain times through joint thinking in the situation room, joint action in the action platform and shared learning in the resource centre. Kenya country constitutional profile constitutionnet. Constitution of kenya 2010 cso rapid response forum. The constitution of kenya 2010 establishes a legislature that is fundamentally different in terms of structure, membership and powers the legislature exists at both the national and county level at the national level, there is established a twochamber parliament consisting of. 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. Various provisions highlights how the issues of affirmative action have been acknowledged.
Welcome to the civil society rapid response forum on covid 19. How have new institutions worked like commissions and devolution. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. 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. Proud of our ethnic, cultural and religious diversity, and determined to live in. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. The constitution of the republic of kenya, 1963 as. The draft harmonized kenya constitution appears to be here after twenty years of struggle.
The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below. Constitutions of the countries of the world, 203, oceana new york, oxford. 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. Access to information kenya law reform commission klrc. The constitution was promulgated on 27 august 2010.
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. Kenya s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963. 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. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. A constitutional referendum was held in kenya on 4 august 2010. In addition, the new constitution provides for a bill of rights, which may lead to a better protection of civil and political as well as social, economic and cultural rights chapter 4. Today, the kenyan government circulated a copy of the constitution to kenyans at home and abroad.
In 2010, the government did a remarkable duty by creating a new constitution that outlines the functions of a. 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. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Kenyans have suffered from marginalization since the country gained independence. 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.
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