Kenya national human rights and equality commission. Extension of security of tenure act 1997 of south africa government land act cap 280 laws of kenya now repealed. Since its promulgation, the constitution has been amended three times. Kenyas constitution in a global context international.
Of note, the constitution of kenya amendment act, no. The objective of these reforms, to be realized through constitutional implementation, is to consolidate the rule of law, democracy, human rights and good. Kenya institutional reform in the new constitution of kenya. Download pdf this is the constitution of kenya at independence in 1963. Current as of june 2019 download print version in pdf this section describes the legal framework of nonprofit organizations also known as nongovernmental organizations or ngos in kenya, along with translations of legislative provisions relevant for a foundation or advisor undertaking an equivalency determination of a foreign grantee under irs revenue procedure 9294. Ghai, yash pa l and cottrell ghai, jill, kenyas co. As a department within the office of the president, the pa not only supervised. The petition was filed under the former constitution of kenya, which was repealed by the promulgation of a new constitution on 27th august, 2010. 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. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life.
Among the constitutional provisions include institutional reforms that have drastically changed the operational architecture of the legislature. Repeal of previous constitution kenya law reform commission. November 2009 the harmonised draft constitution written and proposed by the committee of experts was released on 17 november 2009 and had the. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Kenya has in place an arbitration act to define the scope, responsibilities and limitations of. Therefore, it is important to note that reference herein to the constitution unless otherwise indicated refers to the repealed constitution. Kenya recently repealed her independence constitution culminating in a national referendum and promulgation in august 2010. Sections 16 to 20 repealed kenya criminal procedure code part iii general provisions arrest, escape and retaking arrest generally 21.
Constitution making process in kenya in precolonial, colonial and postcolonial eras. The constitution of kenya chapter 1 the republic of kenya 1. Kenyan constitution amendments thru time wild about africa. The repealed constitution is the 1963 constitution. In the freedom of the world index for 2017, kenya held a rating of 4 for civil liberties and political freedoms, in which a scale of 1 most free to 7 least free. The constitution of the republic of kenya, 1963 as amended. It was a fundamental principle of english law that public rights could only. 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. Revised harmonized draft constitution of kenya comprising. This constitution is the constitution of the republic of kenya and shall have the force of law. The constitution of kenya the present constitution with amendments that has been in existence since 1969. The constitution of the republic of kenya, 1963 as. Subject to the sixth schedule, for the avoidance of doubt, the constitution in force immediately before the effective date shall stand repealed on the effective date. Though the kenyan constitution does not expressly provide for the freedom of information, section 79 of the constitution makes provision for the freedom of expression which includes among other things.
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. The public seal of kenya shall be such device as may be prescribed by or under an. A perspective on the doctrine of the separation of powers. 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. Increased the maximum number of constituencies to 210 from 188 and the minimum number of constituencies to 188 from 68. Pdf the kenyan constitution, with discussion of the constitutionmaking process. Analysis interpretation of chapter 6 constitution of kenya 2010 by kenyan courts transparency international kenya ti kenya is a notforprofit organization founded in 1999 in kenya with the aim of developing a transparent and corruptionfree society through good governance and social justice initiatives. Aug 25, 20 the term old constitution should be interpreted in the context of the topic which reads differences between the repealed and new constitution of kenya. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. The republic of kenya shall be a multiparty democratic state. 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. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. Constitutional supremacy over arbitration in kenya kariuki muigua1 abstract the constitution of kenya, 2010 is the supreme law of the land, a principle entrenched under article 2 thereof.
The kenya citizenship and immigration act which implements chapter 3 of the constitution commenced on 30th august, 2011 effectively repealing the kenya citizenship act cap. Differences between the repealed and the new constitution of. 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. Pdf the repealed constitution of kenya abdirahman mohamed. The 2010 constitution and the application of international. Human rights in kenya internationally maintain a variety of mixed opinions. Kenya, during the existence of the repealed constitution, was to a large extent based on the common law principles established in the case of gouriet v the national union of post office workers,10 where the court had held. Constitution of the republic of south africa of 1996. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. A new parliament was voted in during the march 20 general elections. The rules and regulation that formed the constitutional basis of precolonial communities in kenya were mainly formulated by the councils of elders and then handed down from generation to generation.
The constitution of kenya 2010 lays down the foundations for a wide array of institutional and legal reforms. Amendments in kenyas first constitution kenya monitor. Sentences in cases of conviction of several offences at one trial. The constitution of the republic of uganda was promulgated on. Previously under the repealed constitution, coordination of central government policies and development programmes at the local level was done by the provincial administration pa bagaka, 2011. An act of parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes act no. The constitution of the republic of kenya, 1963 as the republic of kenya. Constitution making process in kenya in precolonial. A historical background to kenyas constitutional reform process. October 1995 by the constituent assembly, replacing the 1967 constitution. Repealed section 2a of the constitution, which converted kenya to a one party state in 1982.