This analysis shows that, in various ways, kenyas existing laws on the regulation of hate speech go beyond what is required. Third, the work examines the dangers of judicialization of. This constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. The constitution, by article 10, is to be interpreted and applied in. With the promulgation of the 2010 constitution, the. Honouring those who heroically struggled to bring freedom and justice to our land. The validity or legality of this constitution is not subject to challenge by or before any court or other state organ. What is most disturbing is the courts interpretation of section 66 against the abstract 19 id at 80. Kenyas 2010 constitution faculty of health sciences university. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. The annex contains the key provisions considered in this commentary. As indicated earlier, the supreme court advisory opinion required parliament to provide for mechanisms to implement the twothirdgender principle by 27 august 2015. The constitution of kenya amendment act no 5 of 1974 made kiswahili one of the official languages of the national assembly.
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. The 2010 edition replaced the 1963 independence constitution. This was the culmination of almost five decades of struggles that sought to fundamentally transform kenyas economic, social, political, and cultural spheres. A historical background to kenyas constitutional reform process. Three months later, on 4 august, it was approved by over 67 per cent of the. The commission was originally a statutory body established under the knchr act of 2003. However, with the promulgation of the new constitution in august 2010, international law has been. 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 permanent the permanence of an institutional law reform agency provides some inherent advantages over more ad hoc arrangements. The wording of article 47 of kenyas constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Article 26 of the 2010 constitution now reads that any treaty or convention ratified by kenya shall form part of the law of kenya. The pa served the central government until when the current constitution of kenya was promulgated in august, 2010. Kenyan constitution amendments thru time wild about africa. Kenyas failure to implement the twothirdgender rule. National values and principles of governance kenya.
Urban areas and cities kenya law reform commission. The current constitution of kenya 2010 places great emphasis on the equality of both gender and their participation in the countrys development agenda. Kenyas independence constitution, with a parliamentary and federal system, was amended after one year to merge the offices of head of state and head of government, giving the president enormous powers. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. The constitution does not contemplate a situation where constitutional provisions have to be interpreted against one another. When kenyans overwhelmingly voted for the constitutional text in 2010, the hope was that cycles of violence, poverty, bad governance, poor economic policies, imprudent use of natural resources and perennial famines would cease. Longet terer officially handed over sets of kenya law read more. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history.
Gathu charles kanjuki g62879122016 a research project submitted in partial fulfillment of the requirements for the award of the master of laws degree ll. The republic of kenya shall be a multiparty democratic state. The national assembly extended the deadline by one year in line with its constitutional discretion to do so, but only once. Like section 33, article 47 mandates the enactment of legislation to give effect to these. Pdf the kenyan constitution, with discussion of the constitutionmaking. Broadly stated, the objective of the project was both historical and. Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4. Second, it seeks to establish the extent to which kenyas reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. No person may claim or exercise state authority except as authorised under this constitution. The constitution of kenya amendment act no 1 of 1975 repealed constitution of kenya amendment no 2 of 1974.
Pdf the genesis of interpreting the constitution of kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Kenya s 2010 constitution marks the first time that treaty law has been constitutionally declared part of kenya s domestic law. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. After years of kenya being a oneparty state, a struggle for constitutional democracy led to limited reforms, and later. Kenya law hands over legal resources to uasin gishu county kenya law, through the ceoeditor, mr. The 2010 kenyan constitution and the hierarchical place of. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. This provision has strengthened the status of international human rights conventions in kenya, including the convention on the rights of the child, which should now be directly applicable in domestic law and. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution.
Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. Republic of kenya the constitution of kenya, 2010 the office of the director of public prosecutions act, 20 call for applications for the position of the director of public prosecutions pursuant to provisions of article 157 of the constitution and section 814 of the. However, the laconic drafting of the relevant provision leaves unanswered questions about the role of treaties. Commentary on the regulation of hate speech in kenya. The challenges facing the implementation of the public. Aug 29, 20 implementation of the constitution of kenya, 2010 is turning out to be an expensive venture. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Constitution of kenya kenya law reform commission klrc.
This was the culmination of almost five decades of struggles that sought to fundamentally transform the backward economic, social, political, and cultural developments in the country. 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. Part iii considers the legal framework on the regulation of hate speech in kenya, including the the proposed constitution of 6 may 2010. Enacted by the parliament of kenya as follows short title.
Kenya institutional reform in the new constitution of kenya. The genesis of interpreting the constitution of kenya 2010. Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. Constitution of kenya 2010 wikisource, the free online. Chapter twothe republic 4declaration of the republic. 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. Case of the kenya constitution, 2010, safari park hotel, august 19, 2014. The 2010 constitution and the application of international law 37 1 normative and theoretical basis for international law in kenya by virtue of art 25 of the constitution of the republic of kenya of 2010 hereinafter 2010 constitution,1 general rules of international law are part of the legal system. Jomo kenyatta is installed as kenyas first prime minister. Part 2 legislation and procedure in the national assembly. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. Constitutional reform in kenya has been a major issue since kenya gained independence. The constitution required that the pa be restructured within five years to accord with and respect the devolved system of government republic of kenya, 2010.
The constitution of the republic of kenya, 1963 as amended. In 2010 kenya created a new modern transformative2 constitution that replaced both the 1969 constitution and the past colonial constitution in 1963. Attaining gender equity for inclusive development in kenya. The constitution of kenya amendment act no 10 of 1974 reduced the age of voting from 21 to 18.
Legal framework applicable to contempt proceedings after the contempt of court act was declared unconstitutional. Acknowledging the supremacy of the almighty god of all creation. The 2010 constitution of kenya and its interpretation. Over 67% of kenyan voters approved this new constitution in a. The constitution of kenya amendment act no 1 of 1975. 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 highlights of the evolution of kenyas constitution can be highlighted by the following events. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. Kenya, as a commonwealth country, has always primarily followed a dualist approach which requires that domesticating legislation be enacted by parliament for ratified international law treaties to have application in the domestic legal system. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. The 2010 constitution and the application of international.