The concept of the supremacy of the constitution limbach. The constitution of zimbabwe is the supreme law of zimbabwe. Download pdf this is the constitution of kenya at independence in 1963. Such a constitution must embody the prescriptions of the second schedule of the nongovernmental organization regulations, 1992. Constitutional reform in kenya has been a major issue since kenya gained independence. It concludes by examining the need for a supreme constitutional law in the european union. Finally, the report argues that kenya s diversity is a. But, in stark contrast to the old constitution, these provisions are set in an explicit normative. The independence constitution of 1980 was the result of the 1979 lancaster house agreement and is sometimes called the lancaster constitution.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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. This constitution can be amended by a twothirds vote of the entire membership at a regular meeting of organization name or acronym. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. New constitution helps kenyan women gain traction in. Kenya s 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 kenya s 47 counties elect a womens representative. The constitution of nepal date of publication in nepal gazette 20 september 2015 2072. The report is based on analysis of data collected through a two phase monitoring exercise that was coordinated jointly. Access to information in kenya transparency international. Minorities and marginalised groups kenya law reform. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. 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.
We, the sovereign people of nepal, internalizing the peoples sovereign right and right to autonomy. Laws of kenya the constitution of kenya revised edition 2008 2001 published by the national council for law reporting with the authority of the attorney general. University policies and state and federal laws take precedence over constitution and any and all bylaws. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Alteration of the constitution a proposals for amendments to this constitution or dissolution see clause 11 must be delivered to the secretary in writing. Some of our representatives need a total overhaul,but this is a subject for. Bagehot began his book by saying, do not be fooled by constitutional theories and formal institutional continuities concentrate instead on the real centers of power and the practical working of the political system. Constitution of kenya 1963 as originally enacted the 1969 constitution.
Kenya has made great progress toward increased uptake of family planning. This is the constitution of kenya at independence in 1963. Mar, 2020 by thursday, several newspapers carried explanations on what it would take to impeach the first deputy president under kenyas decadeold constitution. Constituencies of kenya are used to elect members of the kenyan parliament. This constitution takes precedence over any and all bylaws. In accordance with article 89 of the 2010 constitution of kenya, there are 290 number of constituencies, based on a formula where these constituencies were to be delineated based on population numbers. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule.
It was constituted into ten chapters covering issues. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. 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. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Kenya, 2010, access to information is a right to be enjoyed.
The new constitution makes important reforms to the previous framework on citizenship. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Dec 18, 2010 the new constitution represents a significant improvement in womens status in kenya in all spheres of life. The context of transformative constitutionalism in kenya by. Constitutional transitions and territorial cleavages. Constitution of kenya wikisource, the free online library. However, whatever constitution an ngo may adopt, should in principle provide sufficiently for management and structure, accountability and transparency in its operations. The constitution of the republic of kenya, 1963 as. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. The kenyans endorsed a new constitution in a referendum on the 4. 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. Thanks for posting the revised new constitution of kenya. Alteration of constitution part v summoning, prorogation and dissolution 90.
The 2010 edition replaced the 1963 independence constitution. Ghanas constitution of 1992 with amendments through 1996. Do hereby, in and through this constituent assembly solemnly adopt, enact and give to ourselves and our posterity, this constitution of the republic of uganda, this 22nd day of september, in the year 1995. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. The secretary in conjunction with all other officers shall then decide on the date of a forum meeting to discuss such proposals, giving at least four weeks 28 days clear notice.
Constitution of the united states 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. Timeline of kenyas constitutional history the following table outlines kenya s constitutional changes, preceding the current 2010 constitution. Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. The constitution of kenya the present constitution with amendments that. It ushered in a new dispensation in kenyas constitutional, social, political and economic order. Constitution of kenya 2010 wikisource, the free online. The constitution enya kenya film classification board. Constitution prepared by the uganda constitutional commission and to adopt and enact a constitution for uganda. Kenya is a wonderful country and i wish that those who are representing kenya abroad were as wonderful as the country. 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. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. 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 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. Votes of twothirds of the assembly chapter vi the judicature part i the high court 95.
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. 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, that itself had. 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. It calls for disaggregated data, a new constitution to devolve power away from the centre, and measures to ensure minorities and indigenous peoples bene. This was the date of the promulgation of the kenyan constitution 2010. Jun 30, 2015 on 27 august 2010 kenya adopted a new constitution to repeal the old constitution, this heralded a new era of constitutional change. Nov 11, 2018 kenya consists of the territory and territorial waters comprising kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. The constitution of kenya is the supreme law of the republic of kenya. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. While the institutionalization of equity is welcomed by the previously marginalized, this is often not the case with the bene. Gender equality in the new constitutional dispensation of kenya.
Revised draft constitution download kenya stockholm blog. Extension of application of provisions of the former constitution. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. This constitution is the supreme law of the republic. Pdf the kenyan constitution, with discussion of the constitutionmaking process and its. 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. The book became a standard work which was translated into several languages. The republic of kenya shall be a multiparty democratic state. The highlights of the evolution of kenya s constitution can be highlighted by the following events. It was constituted into ten chapters covering issues ranging from citizenship, executive and. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636.
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. Sittings of national assembly part vi interpretation 94. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc language. Timeline of kenyas constitutional history the following table outlines kenyas constitutional changes, preceding the current 2010 constitution. Aug 31, 2016 the 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Published by the national council for law reporting with the authority of the attorney general. A proposed constitution, drafted by a constitutional convention, was defeated by a constitutional referendum during 2000. I am honored to submit to the stakeholders the report participation of vulnerable populations in their own programmes. The article compares and assesses the idea of the supremacy of the constitution found in germany with the competing british tradition of parliamentary sovereignty.
Nov 17, 2009 those who took up other citizenships before the new constitution was crafted will have an opportunity to reclaim their kenyan citizenship, a welcome news for kenyans in diaspora. Jomo kenyatta is installed as kenya s first prime minister. The name of the union is the national union of mineworkers, abbreviated as num. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Aware that these elections are part of the long tradition of the struggle of the. 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. Institutional reform in the new constitution of kenya ictj. Constitution of kenya 1969 as originally enacted the 2010 constitution.
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. National values and principles of governance kenya. Constitution of kenya the constitution of kenya arrangement of sections chapter i the republic of kenya section 1 declaration of republic. A fp2020 commitment maker in 2012, it has recently exceeded its 2020 target of. Rutos pending impeachment ruffles feathers of kenyas elite. Devolution in kenyas new constitution constitutionnet. The constitution of the republic of kenya, 1963 as amended. Constitution of the republic of angola preamble we, the people of angola, through its lawful representatives, the legislators of the nation, freely elected in the parliamentary elections of september 2008. The constitution of kenya chapter 1 the republic of kenya 1. Chapter three citizenship kenya law reform commission klrc. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution. Kenyas 2010 constitution declares equity to be an underlying principle of governance in the country, which is consistent with its provision for devolution. 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.
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