Kenyas new constitution benefits indigenous peoples. Human rights in kenya internationally maintain a variety of mixed opinions. Constitution of kenya 2010 wikisource, the free online. Kenya enacted a new constitution in 2010 through which it established a system of government akin to a federation, with legislative authority shared between the national parliament and county legislatures. The republic of kenya shall be a multiparty democratic state. 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. In a historic constitutional referendum on 4th august, 2010, sixtyeight percent 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. The constitution of kenya the independent electoral and boundaries commission act no. It is carefully analysed, well annotated and presented in an easytoread fashion. Media caption kenyas president mwai kibaki signs the new constitution in front of crowds in nairobi.
The new kenyan constitution and homosexuality kenyans. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. Within the conceptual framework of conflict transformation, this paper analyses the ways in which sections of kenyas new constitution, adopted on 27 august 2010, address the root causes of conflict and examines how the new constitution provides for reforms on governance, democracy, human rights, ethnicity and resource sharing. Laws of kenya constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral constitution of kenya, 2010 const2010 c353 constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The new constitution was approved by 67% of kenyan voters and promulgated on 27th august 2010. Uncorrected draftfinal version to appear as chapter nine in the book constitutional law of kenya. The new constitution the constitution of kenya 2010 has radically altered ugly state of judiciary that had been redesigned by the political governing regimes to fail. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. May 06, 2010 constitutions of the countries of the world, 203, oceana new york, oxford university press, new york, usa, isbn. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Hailed as the great compromise of kenyas new 2010 constitution, devolution was one of the hallmarks of the transition from a previously centralized political system, which was largely blamed for vast inequality, exclusion and deep divisions in kenyan society. Enacted by the parliament of kenya as follows short title. The constitution required that the pa be restructured within five years to accord with and respect the devolved system of government republic of kenya, 2010.
On august 4th 2010, the people of kenya voted and passed a new constitution. Published draft may 6 2010 attorneygeneral, office of public communications, kenya pdf consulted on 20101001 constitution online official law reports of the republic of kenya, kenya law reports. Nov 11, 2018 1 executive authority derives from the people of kenya and shall be exercised in accordance with this constitution. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. Broadly stated, the objective of the project was both historical and. I am often asked whether kenyas new constitution, approved in a referendum in august 2010, will actually improve governance in kenya. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service.
New constitution helps kenyan women gain traction in. Aug 31, 2010 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. Kenya president ratifies new constitution bbc news. Constitutions of the countries of the world, 203, oceana new york, oxford university press, new york, usa, isbn. 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. Kenya the constitution of the republic of kenya, 2010.
The bill of rights sets out fundamental rights and freedoms that belong to each and every individual in kenya. 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 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. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution. Kenya institutional reform in the new constitution of kenya. 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 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. Will kenyas 2010 constitution work for women and children. There are many people who seem to believe that it will not. Chapter twothe republic 4declaration of the republic. Oct 28, 2010 i am often asked whether kenya s new constitution, approved in a referendum in august 2010, will actually improve governance in kenya. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The new kenyan constitution and homosexuality following the clear endorsement by kenyans of a new constitution on august 4th 2010, there has been lots of talk in some homo quarters regarding certain clauses on the bill of rights that are believed to somehow decriminalise homosexuality in kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
The kenya constitution is the supreme law of kenya. Find out all about the current new kenyan constitution that was promulgated in 2010. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Kenya employment law is kenyas first and only blog that is dedicated to answering your employment law questions so that you can thrive in employment and beyond. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections.
Now, the transformation agenda speared being by dr. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. A prominent journalist was recently quoted in nairobis daily nation as saying that the constitution is just a piece of paper, and a piece of paper. The policy exhibits kenyas 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. 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. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The constitution of kenya 2010 was ratified by kenyans on the august 4, 2010 referendum by over 67% of kenyans who voted during the referendum approved of the proposed constitution. Kenya has been reborn, declared kiraitu murungi, the energy minister, shortly before final results were announced thursday showing that. Kenyans approve new constitution the new york times.
Aug 06, 2010 kenya has been reborn, declared kiraitu murungi, the energy minister, shortly before final results were announced thursday showing that the new constitution had passed, with 67 percent of. The new constitution represents a significant improvement in womens status in kenya in all spheres of life. 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. Bicameralism under the new constitution sid constitution working paper no. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Kenyas new constitution, ratified in august 2010, stipulates that no more than twothirds of any appointed or elected body can be of the same gender, and, in an attempt to ensure further gender balance, included a provision stating that each of kenyas 47 counties elect a womens representative. Despite the new constitutions more progressive stance, not all keny. 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.
Enter your email address to receive notifications of new posts by email. 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. Kenyas new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to. Three months later, on 4 august, it was approved by over 67 per cent of the. The constitution of the republic of kenya 2010 contents. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution 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 and communities, to live in a society that respects and.
Procurement of public goods and services kenya law. Gender equality in the new constitutional dispensation of kenya. Aug 08, 2010 the new kenyan constitution and homosexuality following the clear endorsement by kenyans of a new constitution on august 4th 2010, there has been lots of talk in some homo quarters regarding certain clauses on the bill of rights that are believed to somehow decriminalise homosexuality in kenya. The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below.
Gender equality in the new constitutional dispensation of. Kenya has adopted a new constitution, more than three weeks after it was overwhelmingly. A constitutional referendum was held in kenya on 4 august 2010. The constitution establishes the basic principles that set the foundation of the employeremployee relationship. At the national level, kenya has a bicameral parliament consisting of the national assembly and the senate. 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. Pdf kenyas 2010 constitution christina murray academia. The promulgation of the 2010 constitution ushered in a new. Devolution in kenya s 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 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.