2010 5 The entrenchment of justifiableeconomic and social rights in the Constitution gives the courts a prominent role in their “He is dead. After going through the Sections of the 1997, the draft, and Kenya 2010 constitutions, I have observed that most of the alterations from the 1997 constitution were adopted from the Kenya 2010 constitution. Amendment of this Constitution. Constitution of the Republic of Kenya 2010. Ct. 2355, 2365. Kitonga’s death is a big blow […] 1. Kenyans voted a new constitution through a referendum held in 2010. 3 2.0 LEGAL FRAMEWORK 2.1: Constitution of Kenya, 2010 The Constitution of Kenya was to deal with a Article 232 of the Constitution of Kenya long legacy of impunity, institutional frailties and (2010) provides the values and principles of embedded corruption. The Constitution of Kenya 2010 upholds the rights of women as being equal in law to men, and entitled to enjoy equal opportunities in the political, social and economic spheres. An article by Daniel Biau[1] and Alain Kanyinda [2] published in "Urban World", September 2010. A harmonised draft constitution was prepared by a Committee of Experts and released for public comment on 17 November 2009, and it included a provision on water in Chapter 6, the Bill of Rights. The Constitution, 2010. Dr. Justice Willy Mutunga * *. The Constitution of Kenya (Amendment) Act No 6 of 1986 § Repealed Section 89 which provided for automatic Citizenship for people born in Kenya after Dec 1963. Constitution of Kenya 2010 Constitution of the Republic of South Africa 1996 List of Statutes Kenya Division of Revenue Bill National Assembly Powers and Privileges Act, Cap 6 of the Laws of Kenya County Government Act, No. Kenyans have voted overwhelmingly in favour of a new constitution designed to curb the president's sweeping powers and … Kenya is facing a constitutional crisis after its top judge recommended the dissolution of Parliament for failing to enact laws on a gender parity rule embedded in its 2010 constitution. (a) the supremacy of this Constitution; (b) the territory of Kenya; Kenya’s new constitution, ratified in August 2010, stipulates that no more than two-thirds 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 women’s representative. (2) ... Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. 1. RTF format. Click on the Image to Download the Constitution of Kenya, 2010. Acknowledging the supremacy of the Almighty God of all creation: 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 peace and unity as one indivisible sovereign nation: Primarily, the Constitution acknowledges access to clean and safe water as a basic human right and assigns the responsibility for water supply and sanitation … (Reuters) (Reuters) Editor's note: This story was updated July 7/07/10 at 9.30am ET. Kenyans passed a new constitution in a peaceful referendum that could reshape the political landscape of east Africa's largest economy, official results showed on Thursday. (1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters—. The 2010 Constitution of Kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. We conclude by remembering that the Constitution of Kenya 2010 recognizes the supremacy of the Almighty God of all creation. The amendments provide a glance into what Kenyans; either the public or the powers that be, hoped to achieve with each amendment. TI-Kenya is one of the autonomous Professor Chaloka Beyani was in the Committee of Experts that wrote our 2010 Constitution. Kenya’s constitutional history did not develop in a vacuum. International law will interact with the Kenyan Constitution, statutory provisions, and African customary law on different levels in the legal hierarchy, with varying outcomes. The proposed Kenyan constitution was published on May 6, and will be voted on August 4, assuming the current court case to stop the referendum fails. The Constitution of Kenya 2010: Panacea or nostrum Retired Chief Justice Willy Mutunga signing his book “Constitution-Making from the Middle” at Strathmore University while Dr. Peter Kwinjera, Dean of Strathmore University Law School looks on. Many Kenyans are looking to the new constitution to curb excessive power in the president's office, government corruption, ... Sun, 08/08/2010 - 08:00 PM Africa. Commentators have identified the provisions on national values and leadership as its two important pillars. Kenya is a sports powerhouse with worldwide fame in athletics, rugby, and volleyball. constituteproject.org Kenya's Constitution of 2010 It also epitomised the victory for the women of Kenya. There is no doubt that the Constitution of Kenya 2010 (COK 2010) presents a new dawn for the majority of Kenyan women. The Constitution of Kenya is the supreme law of the Republic of Kenya. I decided to do my own reading of the Kenya 2010 and draft constitutions to verify these very serious claims. 2011) The powers of the Government under the Constitution of Kenya 2010 are divided into 3 functions mainly the executive function at national and county levels, legislative function at national and county levels and the judicial function.See Article 1 Constitutional Supremacy entails that the constitution stands as the highest law of the land thus summum lege. SPEECH BY H.E. 1 The 2010 Constitution replaces the first Constitution of Kenya, which came into force in 1963. The new constitution is broad enough to ensure that sports are developed in the country – … The Centre-piece of anti-corruption and public integrity reform is Chapter Six of the Constitution, the Anti-Corruption and … The Constitution of Kenya 2010 has been described as progressive. EXCELLENCIES, FELLOW KENYANS, Today is a great day for Kenya. 2.1: Constitution of Kenya, 2010 The Constitution of Kenya was to deal with a long legacy of impunity, institutional frailties and embedded corruption. The draft constitution was subjected to a referendum on August 4, 2010. 1. Prof. Yash Pal Ghai, former Chair, Constitution of Kenya Review Commission, also joined in to congratulate Dr. Mutunga. Including allowing him to be […] Professor Chaloka Beyani was in the Committee of Experts that wrote our 2010 Constitution. The Centre-piece of anti- Public Service. For example, article 2(5) of the 2010 Constitution provides that the 'general rules of international law' shall be part of Kenyan law. wrote our 2010 Constitution. Implementation of the new constitution has not gone according to plan. He suffered cardiac arrest,” the official said. In 2010,the Ministry of Education Science and Technology set up two Task forces (Prof Odhiambo’sand Prof Some’s)to align the education sector to the Constitution of Kenya, 2010 and Vision 2030 Based on these reports, the education sector prepared the following Legal and policy Documents:-16 255. The New Kenyan constitution (2010) mandates both county and national governments to address sports issues under the Fourth Schedule. Well, up to a point. I salute all Kenyan citizens wherever they are. Kenya Constitution – What Kind of Constitution Have Kenyans Been Looking for? Kenya’s first constitution was more a replica of British system of governance and ultimately centralized government power to serve the needs of a small political elite. Thu 5 Aug 2010 13.50 EDT. The constitution was presented to the Attorney General of Kenya on 7th April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The 2010 Kenyan constitution was hailed as progressive for dealing with issues rarely addressed by national law. Professor Ndulo also advised the Committee of Experts that crafted the Kenyan Constitution. Sihanya, Ben. Example: Chapter 4. We in Kenya all know that in that committee Professor Beyani was one of the intellectual, ideological, and political leaders that gave us a progressive Constitution. For the first time, the highest law of the land recognised the role of women in (1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters–- … NAIROBI, Kenya Oct 24 – Lawyer Nzamba Kitonga who played a major role in drafting the 2010 Constitution is dead. Kenya’s new constitution, ratified in August 2010, stipulates that no more than two-thirds 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 women’s representative. The 2010 constitution was intended to transform the lives of Kenya’s marginalized groups, but, 10 years on, women remain significantly disadvantaged. 2011) The powers of the Government under the Constitution of Kenya 2010 are divided into 3 functions mainly the executive function at national and county levels, legislative function at national and county levels and the judicial function.See Article 1 Constitutional Supremacy entails that the constitution stands as the highest law of the land thus summum lege. He has been active in Hon. This historic occasion was attended by foreign leaders and dignitaries from Africa and all over the world. Nyamwamu compiles a list of 36 reasons why Kenyans supported the draft of a new constitution… “Kenyan leaders wrote a constitution that was remarkably clear, well integrated and detailed,” says Elkins, who earned a master’s degree from the The Uiversity of Texas at Austin in 1996 and joined the faculty in 2008. Affirmative Action (Broadly) ... whether or not the person is born in Kenya, either the mother or father of the person is a citizen. “Kenya’s Quest for a New Constitution-Key Constitutional Moments,” Institute for Security Studies, 29 July 2010. There are many people who seem to believe that it will not. Kenya’s Committee of Experts on Constitutional Review had several rounds of dialogue with the scholars on issues big and small. So I’m overdue to say a few words about the referendum. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. It is a deeply historical reading that enables us to see what the Kenyan people meant when they gave themselves the 2010 constitution. The public was given 30 days to scrutinise the draft and forward proposals and amendments to their respective members of parliament, after which a revised draft was presented t… 9 Article 94(5), Constitution of Kenya (2010). Issues of land and environment are addressed in Part2 of Chapter 5 of the Kenyan Constitution. He has been very active in coming back to Kenya to ensure the essential pillars of that constitution are not destroyed. The court imputes intention to the people, invoking the everywoman of Kenyan constitutional history, Wanjiku, whom Wambui Mwangi has described as ‘a Kenyan every-body or Kenyan any-body’ forged ‘out of an ethnically specific but poignantly … 7 Article 1(3), Constitution of Kenya (2010). We in Kenya all know that in that committee Professor Beyani was one of the intellectual, ideological, and political leaders that gave us a progressive Constitution. The key changes proposed by the new constitution released are in the following areas:Separation of Powers between the Three arms of government i.e. The Odumbe Case would not be decided the same way today *The writer is an Advocate of the High Court of Kenya and a Legal Researcher at Kenya Law. The Centre has been supporting a long-term research project being conducted by the Katiba Institute examining the implementation of the Kenyan constitution. Under Article 81 (b) not more than two-thirds of the members of elective or appointive public bodies shall be of the same gender. The new Constitution was approved by 67% of Kenyan voters and promulgated on 27th August 2010. The Constitution of Kenya (Amendment) Act No 14 of 1986 (a) the supremacy of this Constitution; (b) the territory of Kenya; Many Kenyans are looking to the new constitution to curb excessive power in the president's office, government corruption, ... Sun, 08/08/2010 - 08:00 PM Africa. Click to View the Constitution of Kenya Online. Click to download the Previous Constitution. Click to download the 1963 Constitution. 27 August 2010 The Bill of Rights sets out fundamental rights and freedoms that belong to each and every individual in Kenya. A prominent journalist was recently quoted in Nairobi's Daily Nation as saying that the constitution is just a piece of paper, and "a piece of paper can't transform society". 19. 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 new Constitution should have established principles for giving redress to victims of past human rights violations and economic crimes. There were 27 amendments to Kenya’s first Constitution, starting in 1964 to 2008. 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. 238. The east African nation of Kenya is currently in the process of considering a new constitution, and one issue is the inclusion of a right to water. 2 April 2010: National Assembly unanimously adopted the document without any amendments: 6 May 2010: Attorney General official publishes the proposed draft constitution of Kenya 4 August 2010: Kenyans overwhelmingly vote for the new Constitution.
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