Constitution of kenya, 2010 national museums of kenya. Since independence and the enactment of the constitution of 2010, the national. In august 2010 kenya successfully promulgated a new constitution. Preserve the liberties of each individual member of the church. 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 free from any restrictions. Under the 1963 constitution, kenya was a dualist state. Constitutional amendments and the constitutional amendment. Constitution of kenya chapter vi citizenship section 87 persons who become citizens on 12th december, 1963. The most farreaching amendments are those which dismantled the multiparty democracy and ushered in a one party state and later the reversal of that system and the reintroduction of a multiparty. Amended the parliamentary approval for a state of emergency from a majority 65 % in both houses to a simple majority.
Ensure freedom of action of independence from any religious body or organization. Kenya belongs to the category of the poorer states in which welfare programmes attract only limited attention. Kenya, a country located in the eastern part of africa with its capital city nairobi, was formerly a british colony for over 150 years. Kenya s experience and lessons from mozambique introduction to decentralization in kenya september 2011 doi. This is the constitution of kenya at independence in 1963. Kenyas 1963 constitution, also called the 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 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Kenya institutional reform in the new constitution of kenya. Every child has the right to free and compulsory basic education. The constitution of kenya amendment act no 6 of 1986 repealed section 89 which provided for automatic citizenship for people born in kenya after dec 1963. Kenya attained independence on 1 june 1963 and was declared a republic on 12 december 1964 with jomo kenyatta as head of state. Kenya s 1963 constitution, also called the 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. Constitution of kenya, 2010 pdf download free makao bora. The constitution of the republic of kenya, 1963 as amended.
Constitution and bylaws in order to fully realize our purpose of assisting underprivileged persons, particularly, orphans and widows, our contributions to a civil society and environmental guardianship in kenya, africa. Constitution 1963 kenya subsidiary legislation, 1963. The human rights situation in kenya has improved since 1948. The new constitution was approved by 67% of kenyan voters. Constitution of kenya, 2010 const2010 c3503 issue 1 constitution of kenya arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. Katiba news is distributed free of charge to various players in. The right of every child to education on the basis of equality of. Chapter ii the executive part 1 the president and the vicepresident 4the office of. It was constituted into ten chapters covering issues ranging from citizenship, executive and. The east african nation is freed from its colonial oppressors, but its struggle for democracy is far from over. Similarly, they fundamentally redesigned the structure of the post independence state.
Constitutional reform in kenya has been a major issue since kenya gained independence. 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 referendum on 4 august 2010. The commission is tasked to ensure that all elections are free and. Kenya s independence constitution of 1963 was, in the words of ghai and mcauslan, based on two important principles parliamentary government and minority protection. Kenyas independence constitution of 1963 was, in the words of ghai. The main difference between the parliament elected in 1963 and the one in 1969 was a single republican legislature serving under a head of state with immense powers. Disputed presidential election results in 2007 provoked an unprecedented wave of political violence and killings across kenya claiming over lives and causing the displacement of hundreds of thousands. Kenyas new constitution benefits indigenous peoples. The voting kanu primary elections were held on december 6, 1969 and were.
The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. Between 1961 and 1963, negotiations were held at lancaster house, london to develop a constitution for the country. Kenyan constitution free download kenyan constitution 2010, my kenyan constitution, free us constitution, and many more programs. Freedom of the media kenya law reform commission klrc. The constitution of the republic of kenya, 1963 as.
There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Key the human rights situation in kenya has improved since the promulgation of the 2010 constitution. Jomo kenyatta is installed as kenya s first prime minister. The constitution enya kenya film classification board. Main provisions of the independence constitution of kenya. Although relatively stable since its independence in 1963, the country still faces poverty, inequality, and corruption. The constitution of the republic of kenya, 1963 as amended to 2008 arrangement of sections chapter i the republic of kenya section 1declaration of republic. Up until 1963, the country whose native population comprises over 45 different ethnic groups that differ in size, origin, history, race, tribe, and religion was all together exploited, disenfranchised, and discriminated in their land by the european imperial. Boyd constitution contribute to the constitutional. Supporting constitution builders globally constitutionnet.
The 1963 constitution of kenya has been amended several times. These include parliamentary oversight, judicial independe. A historical background to kenyas constitutional reform process. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Constitution making process in kenya in precolonial. Kenya now achieved internal selfgovernment with jomo kenyatta as its first president. In kenya there has as yet been no major breakdown of public order, nor any discontinuity in constitutional government.
The constitution also provided for a bicameral parliament, the national assembly, consisting of the senate and the house of represe. Nov 08, 20 proposed new constitution of kenya submitted to the referendum on 21 st november 2005 under the expired act. Kenya attained full independence on 12th december 1963 when the queen ceased to be the head of state. The constitution of kenya, 2010 reconstituted the commission with a redefined and expanded mandate and a lean membership.
Established the office of the vice president who would be appointed from the. 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 free. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. Kenyas constitutional history cambridge centre for climate. We, the people of the state of michigan, grateful to almighty god for the blessings of freedom, and. Pdf download free devolution in kenya s new constitution.
Kenyas 2010 constitution faculty of health sciences university. Do you agree or disagree with the following statements. 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. We, the people of the state of michigan, grateful to almighty god for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution. Kenyas constitutional fight reveals elite power struggles. Formerly a british colony, kenya became a republic in 1963. Notes on the role of the judiciary in the constitutional. It established a parliamentary system with executive powers vested in a cabinet. Kenyas 1963 constitution, also called the independence constitution, was based on the standard lancaster house template used for the former british. The constitution of kenya was amended twenty eight times between 1964 and 1997. Amendments in kenyas first constitution kenya monitor.
Section 89 of the operative constitution however provides that. Download in pdf, epub, and mobi format for read it on your kindle device, pc, phones or tablets. Detention without trial and crackdown of revolutionary movements and the free. Dec 10, 2020 on december 12, 1963, kenya declares its independence from britain. Kenya s last leadership transition occurred in 1978, when then vicepresident moi took power upon the death of jomo kenyatta, leader since the countrys independence from the british in 1963. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008.
Every citizen has the right to free, fair and regular elections based on. The highlights of the evolution of kenya s constitution can be highlighted by the following events. The 2010 edition replaced the 1963 independence constitution. The politics of constitutional change in kenya since. Every person born in kenya after 11th december, 1963 shall become a citizen of kenya, if at the dated of his birth one of his parents is a citizen of kenya. Kenya s new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to the subnational units called counties in 20. Evolution of kenyas political system and challenges to. Pdf the repealed constitution of kenya abdirahman mohamed. The constitution was promulgated on 27 august 2010. The rejection of the draft constitution by kenyans in the referendum of 2005 meant that the 1963 constitution remained the basic law of kenya.
In a historic constitutional referendum on 4th august, 2010, sixtyeight percent of kenyans who. The constitution of kenya arrangement of sections chapter icitizenship section 1 persons who become citizens on 12th december 1963. Constitution of michigan of 1963 preamble preamble. A historical background to kenyas constitutional reform. Making the bill of rights operational kenya national. On 12 december 1963 kenya finally became an independent state. An act to make provision for, and in connection with, the attainment by kenya of fully responsible status within the commonwealth, including provision for terminating the giving of financial and other assistance to the east african common services organisation under the colonial development and welfare act 1959. Freedom and independence of electronic, print and all other types of. Kenya is a country of geopolitical and economic importance in east africa. Kenya has been using the independence constitution upto august 2010 though with so many amendments. Every person has the right to education article 53 1 b.
Constitution facilitated the granting of independence in 1963. Public service means the collectivity of all individuals, other than state officers, performing a function within a state organ. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. 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 british and kanu agreed, over kadu protests, to constitutional changes in october 1963 strengthening the central government. O lumumba published a notice in the kenya gazette no. What major reforms resulted from the lyttelton constitution of 1954 in kenya. Constitution of kenya, 2010 4 chapter fiveland and environment part 1land 60principles of land policy. Cumulatively the amendments radically altered both the institutional structure and the legal content of the constitution. Contemporary readings 2011 lawafrica publishing k limited, at page 24. 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. The constitution of kenya is the supreme law of the republic of kenya. Powers and functions of public service commission in kenya.
Constitutional transitions and territorial cleavages. The republic of kenya shall be a multiparty democratic state. You are free to copy, distribute and display this work and to make derivative works. The draft constitution was subjected to a referendum on august 4, 2010.
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