In 1890, the british started settling in kenya after the imperial british east africa ibea company had navigated the country. The house of representatives shall be composed of members chosen every second year by the people of the several. The constitution of kenya, 2010, seeks to repudiate the historical exclusion of women from the mainstream society, thus, creating a freedom for women to maneuver their way both in the private and public globe on an equal footing with men. In 1920, the british declared kenya a protectorate and a colony. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Aug 10, 2009 the constitutions making process in kenya has also been affected by vested interest both internal and external, which impose a liberal constitution, without debate and discussion on the implication and limitation of liberal constitutions in africa, as applications of human rights instrumentsa have shown in many ofa crimes against humanity.
Constitutional transitions and territorial cleavages. The first efforts to reform the constitution began in 2000 with the creation of the. The republic of kenya shall be a multiparty democratic state. To support, promote and facilitate devolution as a system of governance in kenya. 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. A constitution is the supreme legal document on which all the laws, acts, delegated legislations and regulations of a country are based. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do.
Muna ndulo on ethnicity, diversity, inclusivity and constitution making in africa 17 november the library, documentation and information department of the african studies centre leiden has compiled a web dossier on african constitutions. To promote vigilance in safeguarding the national interests of kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The 2010 edition replaced the 1963 independence constitution. New constitution helps kenyan women gain traction in. 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. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was. As long as jobs are few, nepotism, favoritism and abuse will remain rife on the job market. 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. The constitution of the republic of kenya, 1963 as.
The constitution of kenya is the supreme law of the republic of kenya. Recently, kenya promulgated a new constitution, which is in fact lauded as one of the most progressive constitutions in the world. Promoting and fostering good corporate relationship in other to avail us. The text in red is to provide discussion points as you draft your clubs constitution. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
A one paragraph statement of the mission of the organizations, telling why it was created. Dec 06, 2012 nonetheless, at independence, kenya can be excused since the constitution was not derived from the citizens but out of negotiations between the kenyan political elite and the colonial government. What, then, can kenya do to generate more and better jobs. New constitution helps kenyan women gain traction in politics. The constitution provided for the structure and powers of congress in article i. Ictj seeks ho listic solutions to promote accountability and create just and peaceful societies. It created a bicameral legislature, set qualifications for holding office in each house, and provided for methods of selecting representatives and senators. 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 constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. While kenya has made important progress, it faces formidable challenges, including strengthening democratic processes and governance institutions, confronting violent. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the. The constitution is the supreme law of the land, it is the one that will guide us on all the things that we endeavour to do as a country including the laws that we will use. In 2010, the government did a remarkable duty by creating a new constitution that outlines the functions of. Reforms in governance in kenya establishing strengthening.
Constitution of unic foundation unique employment and empowerment initiative unic foundation slogan. Kenyans have suffered from marginalization since the country gained independence. It carefully enumerated powers, such as regulating interstate commerce and declaring wars. How to write a constitution and bylaws sample constitutional outline title of document. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. 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. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution. On the occasion of the stephen ellis annual lecture by prof. This first legislative step is fundamental, but insufficient. Chapter twothe republic 4declaration of the republic.
It considers only those political and economic factors which contribute to specific constitution. This article considers the procedural and resulting legitimacy issues of constitution making and fundamental constitutional amendment. Enacted by the parliament of kenya as follows short title. Kenya institutional reform in the new constitution of kenya. African constitutions african studies centre leiden.
The constitution of the republic of kenya, 1963 as amended. In 2010, the government did a remarkable duty by creating a new constitution that outlines the functions of a. Established a republic form of government, separation of the three branches of government, sovereignty of the people along with a bill of rights. The constitution of kenya chapter 1 the republic of kenya 1. Phases in kenyas constitution history kenya monitor. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. 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. Ghai, yash pa l and cottrell ghai, jill, kenyas co. 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. Russian federations constitution of 1993 with amendments. 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.
Therefore, it is expected that the people will be more willing to be bound by it than before. We, the people of kenyaacknowledging the supremacy of the almighty god of all creation. Kenyas new constitution outlaws discrimination and promotes equal opportunity for all kenyans. The three pillars of sustainable development are embedded in the fundamental rights guaranteed by the constitution, which lay down the framework for social justice in kenya. Russian federations constitution of 1993 with amendments through 2008. Creating more and better jobs in kenya world bank blogs. Sample constitution xyz organization at etsu please read.
It contains titles available in the ascl library and published in the past. It also recalibrated the powers between executive, legislative and judicial branches. The kenya independence order in council 1963 contains the constitution of kenya, 1963 1964. It is carefully analysed, well annotated and presented in an easytoread fashion. Proposed new constitution 2005 means the proposed new constitution of kenya submitted to the referendum on 21. Reforms in governance in kenya establishing strengthening anti corruption institutions, creating the enabling policylegal environment and enhancing the rule of law. Devolution the 2010 constitution of kenya is a turning point in countrys history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. National values and principles of governance kenya. Please, if you use any of the text in this example, be certain that you have removed any unwanted or informational text. Honouring those who heroically struggled to bring freedom and justice to our land. Proud of our ethnic, cultural and religious diversity, and determined to live in. But only 47, including nairobi, had been legally created. Constitution of kenya, 2010 const2010 11 constitution of kenya preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation. Added to that is the fact that majority of the citizens voted in its favor.
Allow students time to analyze each item and complete a close reading, and then ask students to write the history of the development of the constitution. Published by the national council for law reporting with the authority of the attorney general. To form national and county governments that will at all times act in the best interests of the people of kenya at national and county levels. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Aim to provide employment and empowerment opportunities to the society at large. Th erefore, constitution making is an important part of the process of ensuring justice, peace, security and goodgovernance. It contains titles available in the ascl library and published in the past six years. Kenya have deep business, civil society, academic, and peopletopeople relations that assist in achieving our strategic objectives. We will not have other laws that go against the constitution and if there shall be a law which is contrary to the constitution, it will have no place in kenya. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Download pdf this is the constitution of kenya at independence in 1963. Part vii general provisions 56disobedience of summons. Various provisions highlights how the issues of affirmative action have been acknowledged.
This sample constitution is for illustrative purposes only. This note examines kenyas recent constitutionwriting experience as a case. If you intend to apply as a new organization, your application may be denied if you simply fill in the blanks and turn this in as a. Please note that this is a very simple, sample constitution, provided to assist groups in preparing their own, original constitution with more substance. Affirmative action under the 2010 constitution of kenya. Institutional reform in the new constitution of kenya. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Kenyas constitution making history can be traced to the period 18902010. A constitution is a document that provides the rules on how an organization of people e. By elina omwoha the constitution of kenya, 2010, seeks to repudiate the historical exclusion of women from the mainstream society, thus, creating a freedom for women to maneuver their way both in the private and public globe on an equal footing with men. This article considers the procedural and resulting legitimacy issues of constitutionmaking and fundamental constitutional amendment. Constitution of organizations name, university of southern indiana. Contemporary readings 2011 lawafrica publishing k limited, at page 24.
These procedures are partly related to the different historical scenarios and substantive material factors that give rise to econstitutions. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. 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. Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. 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. Use documents to trace the development of the constitution from articles of confederation through bill of rights.1069 422 108 1299 1609 1225 1389 539 1287 213 1422 1094 424 1470 214 577 832 573 1433 569 958 1159 236 1224 1086 224 467 575 407