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 following is the official revised version in english of katiba ya jamhuri ya. The constitution of the republic of kenya, 1963 as. Pdf determinants of public participation in kenya county. The constitution of the hashemite kingdom of jordan. Enforcement of bill of rights kenya law reform commission. The constitution enya kenya film classification board. Constitution of guyana organization of american states. 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 of the people. The policy exhibits kenya s health sectors obligation, under the national government supervision, to ensure that kenya attain the highest possible standards of health, in response to the needs of its citizens. Previously, such suspects were not to be held for a. This paper explores the potential of traditional justice systems under the constitution.
Note on the existing kenyan constitutional provisions on freedom of expression, article 19, london, 2009 index number. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. In any proceedings brought under article 22, a court may grant appropriate relief. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. On 25th june 2012, the court certified the case under article 165 4 of the constitution as raising substantial questions of law. Amendment 22 presidential term limits of contents next. The provision, in which the king shall reign but not govern, as stipulated in article 7 paragraph 1 of this constitution, can not in any case be modified. 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 national assembly shall consist of a senate and a chamber of deputies. Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution. Protection against arrest and detention in certain cases. The constitution of the republic of kenya, 1963 as amended.
The legislative branch section 1 the legislature all legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. The constitution of kenya 20101 assigns health policy and all criminal law to the national government. Adopt, enact and give this constitution to ourselves and to our future generations. Limitation of rights and fundamental freedoms kenya law. Clause 3 of article 19 makes it clear freedoms of the bill of rights belong to each. Kenyan section of the international commission of jurists, n. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult. Kenyan constitutional provisions on freedom of expression.
The constitution of the united republic of tanzania of 1977. The republic of kenya shall be a multiparty democratic state. The constitution of kenya is the supreme law of the republic of kenya. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. The 2010 edition replaced the 1963 independence constitution. Article 22 with the election of the first chamber of deputies on a national, nonconfessional basis, a senate shall be established in which all the religious communities shall be represented. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was.
No person shall be elected to the office of the president more than twice, and no person who has held the office of president, or acted as president, for more than two years of a term to which some other person was elected president shall be elected to the office of. Further, article 59 5 empowers parliament to assign functions to each commission established under clause 4. The 1st respondent, dr fred matiangi, is the cabinet secretary in charge of the ministry of interior and coordination of national. Article 23 abrogated by the constitutional law of october 17, 1927 article 24. Constitution of kenya, 2010 const2010 3 constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. Jamaica, kenya, kiribati, lesotho, malawi, malaysia.
This study will analyse how well article 59 of the constitution is distinguished in the kenya national human rights commission bill, the ombudsman commission bill and the national gender commission bill. The provisions of this chapter of the constitution shall constitute the fundamental principles of the constitutional order of the russian federation and may not be changed except in accordance with the procedure established by this constitution. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter. Geoffrey wango vi education in kenya under the new constitution 2011 2. Kenyas 2010 constitution uct faculty of health sciences. The second amendment is the constitution amendment act, 2005. Equality and freedom from discrimination kenya law. 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. Kenyan constitution, chapter seventeen, article 260 soko.
Geoffrey wango ii education in kenya under the new constitution 2011. Article 11 of the constitution of kenya 2010 government of kenya, 2010 vests all sover eign power in the kenyan people. Senegals constitution of 2001 with amendments through 2009. In any proceedings brought under article 22, a court may grant appropriate relief, including. Afterwards, the right holders and duty bearers of the rtd will be identified. Commissions and independent offices kenya constitution. This power is to be exercised either directly by the people.
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. 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 public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Enacted by the parliament of kenya as follows short title. Constitution of the republic of vanuatu act 10 of 1980 act 15 of 1981 act 20 of 1983 arrangement of articles article chapter 1 the state and sovereignty 1. The court noted that the creation of article 257a in the constitution, now article 258 in the 2000 revised edition, was inconsistent with article 88 of the constitution, which provides for the quorum of parliament when voting on any question. These royal messages can not be subject to debate at the.
Arusha peace agreement in its part on powersharing in its article 41, and in its part on miscellaneous issues and final provisions in its article 22. Chapter twothe republic 4declaration of the republic. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Law200905 kenya 1 note on the existing kenyan constitutional provisions on freedom of expression article 19 may 2009 article 19 kenya and east africa, acs plaza lenana road p. The 10 the vienna declaration and programme of action was adopted by 171 countries of the general assembly including the us and every western statelook at obiora chinedu, okafor, a regional perspective. Article 24 i the nation is the source of all powers. Considering that the new constitution of the republic of rwanda was adopted by rwandan citizens in the referendum of 26 may 2003 as confirmed by the supreme court in its ruling. Article 22 clause 3c further says no fee may be charged for. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies.
Paper presented to the task force on the realignment of the education system to t he constitution of kenya. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenyan constitution, chapter seventeen, article 258 to 259 about juma juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. Article 18 new the king communicates with the senate and the national assembly through royal messages. This constitution is the supreme law of the republic. Its authority shall be limited to major national issues.
Cypruss constitution of 1960 with amendments through 20. The house of representatives shall be composed of members chosen every second year by the people of the several. Feb 28, 2020 article 19 and 22 report forms under article 19 of the ilo constitution member states are required to report at appropriate intervals, as requested by the governing body, on nonratified conventions and on recommendations, indicating in their reports the extent to which effect has been given or is proposed to be given to those instruments. No person who is arrested shall be detained in custody. Chapter ii the executive part 1 the president and the vice president 4 the office of president. National sovereignty, the electoral franchise and political parties chapter 2 fundamental rights and.
Kenya at malindi, being the nearest court with jurisdiction over the area in which the subject matter is situated. Constitution of kenya 2010 wikisource, the free online. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid. Constitution of the fourth republic of ghana promulgation law, 1992 pndcl 282 as amended by constitution of the republic of ghana amendment act, 1996 act 527. Citizens by naturalization are free to render or not this service for a period of ten years as from the date they obtain naturalization papers. Honouring those who heroically struggled to bring freedom and justice to our land. Authority of courts to uphold and enforce the bill of rights. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya.
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