The constitution of kenya 2010 contains a comprehensive bill of rights. May 6 2010 attorneygeneral, office of public communications, kenya pdf pdf. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Satisfy the requirements of chapter six of the constitution of kenya 2010 on leadership and integrity. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Timeline of kenyas constitutional history the following table outlines kenya s constitutional changes, preceding the current 2010 constitution. It also seeks to ensure that a rightsbased approach to health is adopted and applied in the delivery of health services. The constitution of kenya is the supreme law of the republic of kenya. The republic of kenya shall be a multiparty democratic state. 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.
A masters degree in a relevant field will be an added advantage. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Pdf the kenyan constitution, with discussion of the constitutionmaking process and. Chapter thirteen general provisions new appointment and notification oftemlination. Enabling act amendment 1 constitution of kenya amendment act no. Constitution of kenya 2010 and the leadership and integrity act. Nov 07, 2019 a highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. May 06, 2010 published draft may 6 2010 attorneygeneral, office of public communications, kenya pdf consulted on 2010 1001 constitution online official law reports of the republic of kenya, kenya law reports pdf consulted on 2010 1018 abstractcitation. Nov 11, 2018 5 the general rules of international law shall form part of the law of kenya. Chapter twothe republic 4declaration of the republic. The new constitution was approved by 67% of kenyan voters. Chapter six in particular addresses issues of and is titled leadership and integrity. 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. Kenya the constitution of the republic of kenya, 2010.
Chapter 6 53 provinces chapter 7 74 local government chapter 8 82 courts and administration of justice chapter 9 92 state institutions supporting constitutional democracy. The name of the constitution and commencement date. The public seal of kenya shall be such device as may be prescribed by or under an. Aug 29, 20 implementation of the constitution of kenya, 2010 is turning out to be an expensive venture. The constitution of kenya, 2010 provides for the national. A report on the status of implementation of chapter six of the constitution of kenya. The constitution was promulgated on 27 august 2010. Parliament shall enact legislation to give full effect to the provisions of this part. The centrepiece of anticorruption and public integrity reform is chapter six of the constitution, the anticorruption and economic crimes act and the leadership. Kenya constitution chapter 6 leadership and integrity. Analysis interpretation of chapter 6 constitution of kenya 2010 by kenyan courts. Kenya s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963. Kenyans yearned to have confidence in the constitutional offices.
Chapter six of the constitution of kenya 2010 implementation of leadership and integrity. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. Implementation of chapter six of the constitution of kenya 2010 in view of that, there was need to establish standards for the credibility of the future and the incumbent leaders of kenya. Kenyas 2010 constitution uct faculty of health sciences. The legal lacuna that has made chapter 6 impossible to implement. Some parts of the 2010 constitution have inspired kenyans more than others.
The vision of chapter six of the 2010 constitution. Kenya institutional reform in the new constitution of kenya. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Supremacy of this constitution 1sovereignty of the people. 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. Broadly stated, the objective of the project was both historical and.
At the heart of the constitutional change was the desire to restore sovereignty to the people by identifying them as the basis of all state and public power. Government of kenya initiated a wide consultative process to formulate a national social protection framework. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Process, method and public participation 35 chapter five. The 2010 edition replaced the 1963 independence constitution. This paper can be downloaded in pdf format from ielrcs website at. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Chapter six, leadership and integrity, article 73 to 75.
Leadership and integrity is the title of that chapter, and the enthusiasm for it is an indicator of. 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. Gender issues in the draft bill of the constitution of kenya. More importantly, mwongozo will ensure that sustainability, performance and excellence become the hallmark of management of state. Second, it seeks to establish the extent to which kenya s reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. Chapter 6 provides the performance evaluation framework that will. How to apply a interested candidates who meet the requirements may submit their applications together with. If kenya is to live up to its obligation under the convention, then it should ensure against such provisions which promote discrimination against women. 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. The constitution of the republic of kenya, 1963 as. Constitution of kenya, 2010 the constitution of kenya was to deal with a long legacy of impunity, institutional frailties and embedded corruption. The constitution therefore dedicated a whole chapter.
There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Should we lose faith in our chapter six, law enforcement and other public oversight institutions therefore. The constitution enya kenya film classification board. Nov 11, 2016 some parts of the 2010 constitution have inspired kenyans more than others.
The centrepiece of anticorruption and public integrity reform is chapter six of the constitution, the anticorruption and. Transitional and consequential provisions bringing the new constitution. The constitution of the republic of kenya, 1963 as amended. Experts who published a proposed constitution on 23 february 2010 that was presented. In the wake of the genocide against the tutsi that was organised and supervised by unworthy leaders and other perpetrators and that. The 2010 constitution of kenya, currently in force, replaced the 1969. Fulleer article 19 defending freedom of expression and. The legal lacuna and why chapter 6 of the constitution impossible to implement in kenya amliventv. 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. Outline of articles in this chapter click to go to the specific article. Meet the requirements of chapter 6 of the kenya constitution 2010. The term private sector is used for the statutory bodies that are not owned by the state, and are operating mainly for profit, including businesses, companies, corporation, firms, banks etc. The constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the people. 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.
Considering the prognosis that the main maladies of our public affairs are poor leadership and corruption, it has been argued that chapter six is the soul of the constitution of kenya 2010. Aug 24, 2016 d making any other provision necessary for ensuring the promotion of the principles of leadership and integrity referred to in this chapter, and the enforcement of this chapter. Rwandas constitution of 2003 with amendments through 2010. The rights are vast and range from the areas of citizenship, equal rights to. 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. Agreed issues in the harmonized draft constitution 50 chapter six. The constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the bill of rights.
Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. History and context of constitution making in kenya 16 chapter three. Kenya adopted a new constitution in august 2010 which introduced fundamental changes to its state and governance structures. Chapter i sovereignty of the people and supremacy of the constitution chapter ii the. Implementation of chapter six of the constitution of kenya 2010. Chapter 6 of the constitution is not just another paragraph. Chapter 4 provides the implementation framework and identifies the various actors and their roles in the implementation of the policy. Second, it seeks to establish the extent to which kenyas reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. Analysis interpretation of chapter 6 constitution of kenya. Corruption and economic crimes act, 2003 on confidentiality. Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4. Mwongozo further provides a platform for addressing shareholder rights and obligations and ensuring more effective engagement with stakeholders.
Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this. Constitution of kenya 2010 wikisource, the free online. Three months later, on 4 august, it was approved by over 67 per cent of the. Good understanding of the constitution of kenya 2010 and ngec act 2011. Recognition of the equal rights of women and men as expressed in the constitution is imperative towards achieving full empowerment of women. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya.
The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Kenya health policy 2012 2030 iii foreword the kenya health policy, 2012 2030 gives directions to ensure significant improvement in overall status health in kenya in line with the countrys long term development agenda, vision 2030, the constitution of kenya 2010 and global commitments. 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. Fundamental rights and freedoms of the individual 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. Kenyas legal and regulatory framework on the appointment. This is pursuant to its provisions on the values and principles of public service articulated in chapter 6 on leadership and integrity, articles 10. The legal lacuna and why chapter 6 of the constitution. Chapter six leadership and integrity kenya law reform. Through this process, the government has identified several key social protection actions in the areas of social assistance, social security, and health insurance. Prcedure for assignment of office responsibility in the civil service. Transparency international kenya tikenya is a notfor.