The 1963 constitution, which was negotiated between the british government and representatives of kenyas political parties, marked the end of colonial rule and transformed the colony into a dominion. The house of representatives shall be composed of members chosen every second year by the people of the several. The current constitution has a preamble sets out the collective kenyan spirit for making this constitution. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. 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. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. The constitution of kenya the present constitution with amendments that has been in existence since 1969. Constitution of the united states of america bill of rights. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010.
The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Mar 29, 20 new constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level. Aug 25, 20 the current constitution has a preamble sets out the collective kenyan spirit for making this constitution. The plan was to count every person living in the newly created united states of america, and. 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. 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. Kenyas 1963 independence constitution was based on the standard lancaster house. 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. 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 under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution.
When kenya got its independence the constitution provided a multiparty parliament. The former constitution which, incidentally, had been changed in very major ways from that agreed at lancaster house was the product of elite negotiations. Proposed new constitution of kenya is informally referred to as the wako bill with reference to its principal author, the kenyan attorneygeneral, amos wako. The public seal of kenya shall be such device as may be prescribed by or under an act of. The constitution of kenya amendment act no 1 of 1975. It also epitomised the victory for the women of kenya. The rules and regulation that formed the constitutional basis of precolonial communities in kenya were mainly formulated by the councils of elders and then handed down from generation to generation. The use of presupposition in the creation of socio. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. Kenya gains independence and jomo kenyatta is installed as prime minister. It established a parliamentary system with executive powers vested in a cabinet. The constitution of kenya amendment act no 5 of 1974 made kiswahili one of the official languages of the national assembly.
The constitution of kenya chapter 1 the republic of kenya 1. Kenya national survey for persons with disabilities. Constitution making process in kenya in precolonial. We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. 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. I am often asked whether kenyas new constitution, approved in a referendum in august 2010, will actually improve governance in kenya. Constitution of the united states of america bill of. The new constitution is also a promise that every kenyan, young and old, man or woman will unleash their full potential. Constitution empowers the congress to carry out the census in such manner as they shall by law direct article i, section 2. Dec 18, 2010 the new constitution represents a significant improvement in womens status in kenya in all spheres of life. The social contract that is a constitution must reasonably accommodate the aspirations of all sectors of our society.
But, in stark contrast to the old constitution, these provisions are. The constitution of kenya is the supreme law of the republic of kenya. Constitution is amended to declare kenya a republic and kenyatta become kenyas first president. Gender issues in the draft bill of the constitution of kenya. New constitution helps kenyan women gain traction in politics march 29, 20 by fiona blyth while kenyas disputed presidential race continues to take center stage, another race could radically transform politics at the local level. 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. The founders of our fledgling nation had a bold and ambitious plan to empower the people over their new government. New constitution helps kenyan women gain traction in politics. Resources guide explore the links in the text of the constitution below to discover a variety of relevant, classroom ready, lessons and activities from the bill of rights institute. The new constitution represents a significant improvement in womens status in kenya in all spheres of life. It may not be sold or used in conjunction with commercial purposes or for profit.
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. Education in kenya under the new constitution 2011. 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. In 1920, the british declared kenya a protectorate and a colony. This is more so because we are a people with a diverse range of cultures, languages and other sources of human inspiration.
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. Gender equality in the new constitutional dispensation of kenya. For the first time, the highest law of the land recognised the role of women in. The constitution also provided for a bicameral parliament. Mar 05, 2014 109year old veteran and his secrets to life will make you smile short film showcase duration. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. In contrast to the prior constitution that required both descent from kenyan parents and birth in kenya, the 2010 constitution adopted a rule of citizenship by. The 2010 constitution of kenya, currently in force, replaced the. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
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. The history of section 2a of the constitution of kenya dates back to 1963. The kenyans endorsed a new constitution in a referendum on the 4. Honouring those who heroically struggled to bring freedom and justice to our land. In 1890, the british started settling in kenya after the imperial british east africa ibea company had navigated the country. It is beyond the scope of this report to conduct an exhaustive comparative analysis. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenyas new constitution article pdf available in journal of democracy 222. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The 2010 edition replaced the 1963 independence constitution. Kenyan constitution amendments thru time wild about africa. 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. It was constituted into ten chapters covering issues. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc.
A prominent journalist was recently quoted in nairobis daily nation as. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. Aug 06, 2010 nairobi, kenya with a new constitution overwhelmingly approved by voters, kenyan politicians are now talking excitedly about their countrys golden future. Kipchumba murkomen, separately examines how the new constitution has recon. The constitution of the republic of kenya, 1963 as.
The founders of the constitution were delegates appointed by the state legislatures to represent each states welfare. New constitution helps kenyan women gain traction in. The united states constitution was constructed on september 17, 1787 after months of conflicting views, heated debates and clashing ideas finally yielded to compromise and thoughtful reconsiderations. Kenya country constitutional profile constitutionnet. There are many people who seem to believe that it will not. Contemporary readings 2011 lawafrica publishing k limited, at page 24. Kenyas constitution making history can be traced to the period 18902010. Coe must honor the views of kenyans presented to the constitutionmaking harambee and only use these, first and foremost, as the material for the constitutioninmaking.
Constitution making process in kenya in precolonial, colonial and postcolonial eras. The spirit of our forefathers has been lost with the passage of time. Despite the new constitutions more progressive stance, not all keny. 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. Differences between the repealed and the new constitution. Critically, constitution making is about give and take. Respectful of the environment, which is our heritage, and. Kenyan african union is formed to campaign for african independence. The constitution of the republic of kenya, 1963 as amended. Devolution in kenyas new constitution other states in africa that have attempted to redress similar historical land and justice questions. Wango geoffrey mbugua wango geoffrey mbugua website. The kenyan constitution, with discussion of the constitutionmaking process and its content. Klrc has an additional mandate of preparing new legislation to give effect to the 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 supremacy of this constitution 1sovereignty of the.
The use of presupposition in the creation of socio political. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. This is the constitution of kenya at independence in 1963. Procedure at presidential election kenya law reform. 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. The republic of kenya shall be a multiparty democratic state. Constitutionalism and democratic governance in africa. Differences between the repealed and the new constitution of. The repeal of article 2a of the old kenyan constitution 1991 and the promulgation of the new constitution in 2010 enhanced this habwe, 2010. Download pdf this is the constitution of kenya at independence in 1963. 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.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. The constitution of kenya amendment act no 10 of 1974 reduced the age of voting from 21 to 18. Phases in kenyas constitution history kenya monitor. Gender equality in the new constitutional dispensation of. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Kenya institutional reform in the new 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. A guiding question for each lesson is included below each section. Focusing on the historical trajectory on the search for a new constitution, chapter one lays the groundwork upon which the fault line between constitutionalism and the issue areas are. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Nairobi, kenya with a new constitution overwhelmingly approved by voters, kenyan politicians are now talking excitedly about their countrys golden future. Kenyans approve new constitution the new york times.
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