The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010. Over 67% of kenyan voters approved this new constitution in a referendum that paved way for a historic and spectacular moment in kenyas democracy. Click on the image to download the constitution of kenya, 2010. The constitution was promulgated on 27 august 2010. The purpose of these discussions is to show the problems the new kenyan constitution had to address and the backdrop against which it was adopted. 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. There is clear evidence that the new constitution is one of the most progressive. Honouring those who heroically struggled to bring freedom and justice to our land. The kenyans endorsed a new constitution in a referendum on the 4 th. 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.
Stronger protections for the lives and health of women the new constitution affirms that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. 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. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. 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.
The constitution of kenya is the supreme law of the republic of kenya. Gender in the new constitutional dispensation of kenya. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Adopt, enact and give this constitution to ourselves and to our future generations. Kenyans approve new constitution the new york times. 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. Kenya s new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to. October 2010 on 5 october, parliament establishes the constitutional implementation oversight committee cioc, which is mandated to oversee the entire implementation process of the reforms required by the new constitution.
If implemented in a responsible way, the new constitution may thus address some of the central causes of violent conflict in kenya. For the first time, the highest law of the land recognised the role of women in. Senior lecturer,university of nairobi, school of education. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Health policies in kenya and the new constitution for vision 2030 agnes w.
Proposed new constitution as published, it needs to be understood that it is the proposed new constitution as the official statutory document that prevails. Education in kenya under the new constitution 2011 executive summary this paper argues that the nature and organization structure and the underpinning principles of the kenyan education system will undergo several changes in line with the new constitution. The new kenyan constitution and homosexuality kenyans. The constitution of the republic of kenya, 1963 as. Kipchumba murkomen, separately examines how the new constitution has recon. Nov 17, 2009 those who took up other citizenships before the new constitution was crafted will have an opportunity to reclaim their kenyan citizenship, a welcome news for kenyans in diaspora. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order. Implementation of the new constitution kenya law reform. How kenya is changing under new constitution daily nation.
It is beyond the scope of this report to conduct an exhaustive comparative analysis. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Thus, this book is expected to contribute to this new promise by making knowledge on the constitution accessible through breaking down and contextualising its provisions. In the interest of justice, a court may allow an intermediary to assist. Devolution in kenyas new constitution other states in africa that have attempted to redress similar historical land and justice questions. Gender equality in the new constitutional dispensation of. Pdf on 4 august 2010, kenyans voted to adopt a new constitution, culminating a process that began as part of a resolution to the violent. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The final section of the paper discusses the manner in which the new kenyan. 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. Dec 18, 2010 the new constitution represents a significant improvement in womens status in kenya in all spheres of life. The amendment responded to the njoya decision by a provision which asserted that the.
The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. In this regard, the commission would like to encourage every kenyan to read the proposed new constitution itself as published by the attorneygeneral. Published by the national council for law reporting with the authority of the attorney general. This is a document that contains laws on how the kenyan country should be governed. This complete constitution has been generated from excerpts of texts from the repository of the. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. In this paper, the existing education structure and principles are examined via a brief of anticipated development aligned with the new constitution. Aug 06, 2010 kenyas new constitution aims to fix this by devolving more power to local governments, giving kenyans a bill of rights and paving the way for land reform. Tutorial fellow, university of nairobi, school of education.
The kenyans endorsed a new constitution in a referendum on the 4. The new constitution was approved by 67% of kenyan voters. Did you know that kenya got a new constitution in 2010. Institutional change is an uneven process, and what follows from the iterative layering of strategic action institutional change is a complex and uneven sequencing of. Kenyas 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. Kenya institutional reform in the new constitution of kenya. It also epitomised the victory for the women of kenya. It gives kenyan citizens the freedom to exercise their sovereign power directly indirectly or by exercising their democratic rights. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. Aug 08, 2010 the new kenyan constitution and homosexuality following the clear endorsement by kenyans of a new constitution on august 4th 2010, there has been lots of talk in some homo quarters regarding certain clauses on the bill of rights that are believed to somehow decriminalise homosexuality in kenya. Aug 31, 2010 in addition, the new constitution provides for a bill of rights, which may lead to a better protection of civil and political as well as social, economic and cultural rights chapter 4. Proposed new constitution of kenya is informally referred to as the wako bill with reference to its principal author, the kenyan attorneygeneral, amos wako.
The new kenyan constitution kenya now has a new constitution that is significantly different both from its immediate predecessor and from the kenyan constitution as it was adopted at independence. Despite the new constitutions more progressive stance, not all keny. Aug 28, 2015 the constitution promulgated five years ago this week has brought about a number of earthshaking changes that have dramatically altered kenyas socioeconomic and political landscape. We discuss the opportunities and suggest that if women are to make a wholesome contribution to the kenyan society they must take advantage of the framework in the new constitutional dispensation. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. 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. Towards realising womens rights in the constitution iii our constitution, our life foreword there is no doubt that the constitution of kenya 2010 cok 2010 presents a new dawn for the majority of kenyan women. This is because education plays a key role in organizational performance. Pdf gender in the new constitutional dispensation of. International center institutional reform in the new constitution of kenya for transitional justice forward on august 4, 2010, kenyans went to a referendum and voted to adopt a new constitution.
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