Africa watchs work on kenya centered on the publication in july of a comprehensive report, kenya. A historical background to kenyas constitutional reform. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The lawyer who wrote kenyas first laws was a stickler for justice and was so incensed by the founding president jomo kenyatta for discriminating against asians after he was made prime. New constitution helps kenyan women gain traction in politics.
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 constitution fifteenth amendment act, 1963 5th october, 1963. Constitution of kenya 2010 wikisource, the free online. A formal declaration of independence followed in december 1963. Kenyas constitutional development from preindependence to the proposed constitution, 2010 laila abdul latif, advocate. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Principles, government and human rights mbondenyi, morris kiwinda published by african books collective mbondenyi, morris kiwinda. The report is the most wideranging evaluation of kenya s human rights record. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. The constitution of kenya chapter 1 the republic of kenya 1. Kenya s constitutional development from preindependence to the proposed constitution, 2010 laila abdul latif, advocate. Constitution of kenya, 1963 independence constitution. 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.
Devolution and access to services 1 the territory of kenya is divided into the counties specified in the first schedule. Eluid mathu became first african appointed to the legislative council legco 1952. 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. Kenyan constitution amendments thru time wild about africa. Kanu won the first general election in 1963 but reluctantly, agreed to form government under the kadu federal constitution which was supported by the. The republic of kenya shall be a multiparty democratic state. The constitution of the republic of kenya, 1963 as. Kenya human rights watch defending human rights worldwide. The foregoing research questions may be merged into three thus.
Kenyatta, paul ngei, achieng oneko, bildad kaggai, fred kabui and kungu karumba. Following its victory in the general elections of 1963 over the kenya africa democratic union kadu, the kenya african national union kanu was invited to form the first autonomous government with jomo kenyatta as prime minister and the queen, elizabeth ii of england, as head of state on. Constitution of kenya wikisource, the free online library. The constitution enya kenya film classification board. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Minorities and marginalised groups kenya law reform. 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. Kenya country constitutional profile constitutionnet.
A historical background to kenyas constitutional reform process. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. Pdf this study compares the three constitutional documents listed below that were. London and nairobi 1963 to negotiate kenyas independence constitution. Be it enacted by parliament in the fourteenth year of the republic of india as follows. 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. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Between the periods 1963 to 1989, many african constitutions were. Source document contributed to documentcloud by tim mcdonnell mother jones. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Recently, kenya promulgated a new constitution, which is in fact lauded as one of the most progressive constitutions in the world. Kenyas independence constitution of 1963 was, in the words of ghai and mcauslan, based on two.
The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. 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. The draft constitution of kenya, 2004 the socalled bomas draft that was. Senate, which represented the regions, was merged with the second parliame.
Geoffrey wango ii education in kenya under the new constitution 2011. The demise and rise of federalism as a governing system in independent kenya, normally referred to by the swahili word majimbo literally provincesstates, remains a scarcely studied and understood subject in that nations first fifty years of independence. Established the office of the vice president who would be appointed from the. Revised edition 2010 1989 published by the national council for law reporting. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution.
But the merger of the two commissions greatly reduced his influence, though several. Paper presented to the task force on the realignment of the education system to t he constitution of kenya. When kenya gained independence from british colonial rule in 1963 it introduced its. 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. Constitution of kenya 1969 as originally enacted the 2010 constitution. British colonial office and kenyan political leaders between 1960 and 1963.
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. Nunow, vol3intro, cr indiana university bloomington. Kenya became a republic in december 1964, with mr kenyatta as its first. Ghai delayed his oath of office to negotiate a merger between the civil society. Amendments in kenyas first constitution kenya monitor. Constitution of kenya 1963 as originally enacted the 1969 constitution. 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. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. The constitution of kenya amendment act no 14 of 1986. Like most former british colonies, kenya, adopted the westminster system of government at independence. Sep 28, 2014 a historical background to kenyas constitutional reform process 1. The demise and rise of majimbo in independent kenya. The kenyans endorsed a new constitution in a referendum on the 4.
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. The independence constitution of 1963, bitterly negotiated and designed to promote. The constitution fifteenth amendment act, 1963 national. The unlikely promise of bbi and the quest for reforming kenya. The constitution of the republic of kenya, 1963 as amended. Subject to the provisions of this order, the constitution of of constitution. Committee, which the opposition joined only after the merger of the two.
A historical background to kenyas constitutional reform process 1. 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. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution. Mr kenyatta was released in august 1961, led kanu to victory in the legislative election of may 1963, and was appointed prime minister.
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