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 under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. This act may be cited as the constitution of kenya. Click to view amendments of the constitution of kenya from 1963 to 2019 except for some material which is expressly stated to be under a specified creative commons license, the contents of this website are in the public domain and. 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. 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 constitution of kenya arrangement of sections chapter icitizenship section 1 persons who become citizens on 12th december 1963. Armed forces rules of procedure 1969 under cap 99, repealed. The kenyans endorsed a new constitution in a referendum on the 4. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Jomo kenyatta is installed as kenyas first prime minister. The 1963 constitution, which was negotiated between the british government and representatives of kenya s political parties, marked the end of colonial rule and transformed the colony into a dominion. 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. The african union and kenyas constitutionbuilding process.
Kwa hivyo hii ina mambo kama hayo, kwa sababu tunasema ni short report. The constitution of kenya amendment act no 6 of 1986 repealed section 89 which provided for automatic citizenship for people born in kenya after dec 1963. Constitutionalism and democratic governance in africa. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Between 1961 and 1963, negotiations were held at lancaster house, london to develop a constitution for the country. The constitution also provided for a bicameral parliament. Kenyas 2010 constitution christina murray published in 20 61 neue folge band jahrbuch des offentlichen rechts 747 788. The psc revised harmonized draft constitution, authors personal files. The constitution of the republic of kenya, 1963 as. Kenya population situation analysis published by the government of kenya supported by united nations population fund unfpa kenya country o. Constitution of kenya 1969 as originally enacted the 2010 constitution. The constitution of kenya amendment bill, 2019 except for some material which is expressly stated to be under a specified creative commons license, the contents of this website are in the public domain and free from any restrictions.
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. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. Constitution of kenya 1963 as originally enacted the 1969 constitution. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Challenging the incorrect document, the childs mother took the case to the kenyan high court. Proposed new constitution 2005 means the proposed new constitution of kenya submitted to the referendum on 21. Chapter twothe republic 4declaration of the republic. Part vii general provisions 56disobedience of summons. Order in council 1963, as amended by the constitution of kenya amendment act 1964, the constitution of kenya amendment no. Zipped ms word file arrangement of sections chapter i the republic 1. Public seal chapter ii protection of fundamental rights and freedoms of the individual. Discussions of the distinguishing features of constitutions 4. In august 2010 kenya successfully promulgated a new constitution. The constitution of the republic of kenya, 1963 as amended.
On 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally promulgated a new kenyan constitution at a public ceremony in nairobi attended by thousands of people. 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. It established a parliamentary system with executive powers vested in a cabinet. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. General elections were held in kenya on 6 december 1969, the first since independence in 1963. Kenyan constitutional provisions on freedom of expression. Kenyas 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. The public seal of kenya shall be such device as may be prescribed by or under an. Contemporary readings 2011 lawafrica publishing k limited, at page 24. The highlights of the evolution of kenyas constitution can be highlighted by the following events. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Masya, arne tostensen and kamotho waiganjo,kenya constitutional documents. Kenyas constitutional moment loyola university chicago.
Kenya country constitutional profile constitutionnet. Proposed new constitution of kenya pdf recognisingthe aspirations of all kenyans for a government based on the. These amendments had the result of reinforcing and concentrating more political power under the control of the central government. Download pdf this is the constitution of kenya at independence in 1963. Kenya institutional reform in the new constitution of kenya. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. This study compares the three constitutional documents listed below that were the subject of.
The constitution enya citizenship rights in africa. The constitution of kenya the present constitution with amendments that has been in existence since 1969. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Us secretary of state hillary clinton while on visit in kenya criticized kenya for failing to investigate the 20072008 post election violence. 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. Section ii of this paper discusses the metaphor of constitution making waves and its applicability in subsaharan africa. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Overview of corruption and anticorruption in kenya 2 1 overview of corruption in kenya background after independence from britain in 1963, founding president jomo kenyatta and his successor daniel arap moi established and sustained an increasingly corrupt oneparty authoritarian rule under the kenya. Masya, arne tostensen and kamotho waiganjo, kenya constitutional documents. 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. Spirit lake tribe constitution and bylaws submitted for ratification april 14, 1944 approved by the commissioner, bureau of indian affairs february 14, 1946 revisions january 10, 1958 may 5, 1960 july 14, 1961 july 17, 1969 may 3, 1974 april 16, 1976 may 4, 1981 november 21, 1991 august 19, 1996. The establishment or recognition of four organs to be involved in. Obligations in respect of the environment kenya law. 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.
Klrc has an additional mandate of preparing new legislation to give effect to the constitution. London and nairobi 1963 to negotiate kenyas independence constitution. Numerous and frequentlyupdated resource results are available from this search. Constitution of the united states no person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the united states, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The republic of kenya shall be a multiparty democratic state. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. A historical background to kenyas constitutional reform process. Baby a and the question mark summary a question mark on an intersex babys medical documents in kenya nearly condemned a child to a life without medical care, schooling or a passport. Democracy and political participation list of tables table 1 kenyas status on international treaties, covenants and charters 45 table 2 kenyas status on african union treaties, conventions, protocols and charters 48 table 3 women in parliament, 19632007 88 table 4 women in public office, 2008 88. The 2010 edition replaced the 1963 independence constitution. This was the culmination of a long struggle for a constitution that would be responsive to the social, economic and political needs of the people. This honourable court be pleased to order that the confinement of patients suffering from infectious diseases in prison facilities for the purposes of treatment under section 27 of the public health act, chapter 242. 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.
This is a timeline of the history of kenya comprising important legal and territorial changes as well as political, social, and economic events in kenya, read more at history of kenya. Constitutional reform in kenya has been a major issue since kenya gained independence. Further amendments to the 1969 constitution were later effected, including, in 1982. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
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