The issues of kadhis courts and abortion are being presented as issues central to the debate on kenyas proposed constitution, writes cyprian nyamwamu, but in reality there are several others. It also epitomised the victory for the women of kenya. Kenya has been reborn, declared kiraitu murungi, the energy minister, shortly before final results were announced thursday showing that. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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. 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. On 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally. Constitutions of the countries of the world, 203, oceana new york, oxford university press, new york, usa, isbn. 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. 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. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks.
An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. On august 4th 2010, the people of kenya voted and passed a new constitution. Enter your email address to receive notifications of new posts by email. Constitution of kenya kenya law reform commission klrc. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Kenyas 2010 constitution uct faculty of health sciences. Proposed constitution of kenya as published by the attorneygeneral, 6.
The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. 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 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 2010 edition replaced the 1963 independence constitution. 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. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was.
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 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Honouring those who heroically struggled to bring freedom and justice to our land. 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. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Kenyans approve new constitution the new york times. 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. The chief justice of kenya is the head of the judiciary of kenya and president of the supreme court of kenya and is an office established under article 161 of the kenyan constitution. For the first time, the highest law of the land recognised the role of women in. 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. Procurement of public goods and services kenya law.
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. 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. 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. 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 constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. 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. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. At the national level, kenya has a bicameral parliament consisting of the national assembly and the senate. Will kenyas 2010 constitution work for women and children. 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. 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.
A number of key steps have been taken as part of the constitutionally. Gender equality in the new constitutional dispensation of. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. In august 2010, kenyans voted overwhelmingly for a new constitution which better recognizes and protects human rights, including for the first time economic, cultural and social rights. Pdf on 4 august 2010, kenyans voted to adopt a new constitution, culminating a process that began as part of a resolution to the violent conflict that. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. The new kenyan constitution and homosexuality kenyans. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution.
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. The new constitution was approved by 67% of kenyan voters and promulgated on 27th august 2010. The promulgation of the 2010 constitution ushered in a new. 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. A constitutional referendum was held in kenya on 4 august 2010.
The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. Kenyas new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to. A read is counted each time someone views a publication summary such as the title, abstract, and. The new constitution took effect on the 27th august 2010 after a promulgation ceremony at uhuru park, which is pictured below. It is carefully analysed, well annotated and presented in an easytoread fashion. Nyamwamu compiles a list of 36 reasons why kenyans supported the draft of a new constitution. Kenyas new constitution and conflict transformation. The constitution of the republic of kenya, 1963 as. The constitution of kenya the independent electoral and boundaries commission act no. Kenya the constitution of the republic of kenya, 2010. Broadly stated, the objective of the project was both historical and. Enacted by the parliament of kenya as follows short title.
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. Institutional reform in the new constitution of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. He or she is assisted by the deputy chief justice who is also the deputy president of the supreme court the current chief justice, since the 16th of august 2016 is david maraga. 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. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Beware of constitution without constitutionalism nairobinew york, oct. 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. The constitution changes kenyas political and governance structure, entrenching checks and balances by clearly defining the roles and powers of the. The kenyans endorsed a new constitution in a referendum on the 4. The new constitution represents a significant improvement in womens status in kenya in all spheres of life. 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. The republic of kenya shall be a multiparty democratic state.
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