Kenyas 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. 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. Pdf the kenyan constitution, with discussion of the constitutionmaking process. Will the new constitution enhance government accountability. 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 the republic of kenya, 1963 as amended. National values and principles of governance kenya law. Like section 33, article 47 mandates the enactment of legislation to give effect to these. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. Stronger protections for the lives and health of women the new constitution affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services. Do articles 25 and 26 of the constitution of kenya.
Revised harmonized draft constitution of kenya comprising. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. 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. It attributes such corruption to the predominance of arbitrary power, especially in the statutory as opposed to constitutional order. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The second amendment is the constitution amendment act, 2005. The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10.
Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. The role and responsibilities of commissioners article 9. Attorneygeneral, office of public communications, kenya pdf pdf doc. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. Private institutions may be partial in their decisions, abuse their power and. 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. Chapter twothe republic 4declaration of the republic. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Chapter six leadership and integrity kenya law reform. The technical university of kenya commitment to national. Article 248 of the constitution of kenya 2010 enshrines independence for commissions such us the commission for salary and remuneration. Improving access to justice in kenya through horizontal.
Stronger protections for the lives and health of women the new constitution affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. Article 10 defines the values in which kenya is founded. Regulation of private power administrative law can be used to regulate private powers when they operate in excesses. Therefore, with the promulgation of constitution of kenya 2010, article 10 came to life. The new constitution was approved by 67% of kenyan voters. The role and responsibilities of the commission secretary. The republic of kenya shall be a multiparty democratic state. Article 248 of the constitution of kenya 2010 enshrines.
The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. 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. The constitution enya kenya film classification board. All sovereign power belongs to the people of kenya. This paper explores the potential of traditional justice systems under the constitution. A constitutional referendum was held in kenya on 4 august 2010. The kenya constitution is the supreme law of kenya. Constitution of kenya kenya law reform commission klrc. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Kenya institutional reform in the new constitution of kenya. It further defines the shared commonalities that bounds the people of kenya into a common history, culture and traditions in an attempt to define nationhood. Kenyan constitution, chapter ten, part 1, article 159 to.
The court noted that the creation of article 257a in the constitution, now article 258 in the 2000 revised edition, was inconsistent with article 88 of the constitution, which provides for the quorum of parliament when voting on any question. 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. This paper can be downloaded in pdf format from ielrcs website at. 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 the constitution of kenya chapter 1 the republic of kenya 1. 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. Kenyan constitution, chapter ten, part 1, article 159 to 160.
Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The legal framework for public participation in kenya. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. In groups of three or five fill out the table below without referring the constitution. Defence of this constitution 1 every person has an obligation to respect, uphold and defend. The 2010 edition replaced the 1963 independence constitution.
The new constitution was approved by 67% of kenyan voters and promulgated on 27th august 2010. Independence of the judiciary 1 in the exercise of judicial authority, the judiciary, as constituted by article 161, shall be subject only to this constitution and the law and shall not be subject to the control or direction of any person or authority. The people may exercise their sovereignty directly or through their elected representatives. Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. Article 59 4 of the constitution of kenya, 2010 mandates parliament to enact legislation to give full effects to the bill of rights and implementation of the functions of the kenya national human rights and equality commission. Articles 11 and 40 of the constitution of kenya 2010 places obligation on the government of kenya to support, promote and protect the intellectual property rights of the people of kenya. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. The constitution was promulgated on 27 august 2010. Kenyas 2010 constitution faculty of health sciences university. Government according to the constitution and other statutory documents resources needed fourth schedule of the constitution of kenya 2010 annex i task explanatory notes 1. Do articles 25 and 26 of the constitution of kenya 2010. The constitution of kenya in article 2 1 c i ii on the functions of the president states that.
The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Kenya the constitution of the republic of kenya, 2010. The constitution of the republic of kenya, 1963 as. 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. Rwandas constitution of 2003 with amendments through 2010. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. The wording of article 47 of kenyas constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Conscious of the immense importance and great value invested in the creation and adoption of the first and fundamental law of the state and of angolan society. National values and principles of governance kenya. Article 158 of the constitutional law of 1992, the noble and irrefusable mandate to proceed with the drawing up and approval of the constitution of the republic of angola. Three months later, on 4 august, it was approved by over 67 per cent of the. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The house of representatives shall be composed of members chosen every second year by the people of the several. Jun 11, 2016 therefore, with the promulgation of constitution of kenya 2010, article 10 came to life.
Broadly stated, the objective of the project was both historical and. You risk 10 years in jail for sharing pdf copies of. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. All these laws form the legal framework for public participation in kenya. Human rights in kenya internationally maintain a variety of mixed opinions. Enacted by the parliament of kenya as follows short title. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution.
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. National values and principles of governance 1 the national values and principles of governance in this article bind all state organs, state officers, public officers and all persons whenever any of them. 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. Constitution of kenya 2010 wikisource, the free online.