Public finance under kenyas new constitution sid constitution working paper no. 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. Heralded by local sources as the birth of the second republic, 2. Institutional reform in the new constitution of kenya. For instance, although the exact procedure for doing so has yet to be laid out, voters will now exercise the right to recall, or oust their mps, if dissatisfied with their performance. 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. The only one that ordinary citizens have had any role in making is the current one. By reducing executive power, devolving authority, and guaranteeing rights to women, minorities, and marginalized communities.
The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. In post colonial kenya, the newly formed kanu1 regime, through. Dec 18, 2010 the new constitution represents a significant improvement in womens status in kenya in all spheres of life. 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. Aug 31, 2010 on the contrary, each kenyan had the opportunity to create, debate the proposed constitution 2010 and for those of the voting age, vote for the new constitution. Kenyas new constitution article pdf available in journal of democracy 222. The constitution was presented to the attorney general of kenya on 7th april 2010, officially published on 6 may 2010, and was subjected to a referendum on 4 august 2010. It gives kenyan citizens the freedom to exercise their sovereign power directly indirectly or by exercising their democratic rights. 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 constitution also incorporates international treaties to which kenya is a party, as well as general principles of international law into kenyas domestic law, thereby enshrining international human rights norms into the new constitution. 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. 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. New constitution helps kenyan women gain traction in. Senior lecturer,university of nairobi, school of education. Kenya country constitutional profile constitutionnet. 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. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. The issues of kadhis courts and abortion are being presented as issues central to the debate on kenyas proposed constitution, writes cyprian nyamwamu, but in reality there are several others. It attributes such corruption to the predominance of arbitrary power, especially in the statutory as opposed to constitutional order. Proposed new constitution of kenya is informally referred to as the wako bill with reference to its principal author, the kenyan attorneygeneral, amos wako.
Procedure at presidential election kenya law reform. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. Education in kenya under the new constitution 2011. The constitution of the republic of kenya, 1963 as. Nairobi, kenya with a new constitution overwhelmingly approved by voters, kenyan politicians are now talking excitedly about their countrys golden future. 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 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. 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. On 4 august 2010, kenyans voted to adopt a new constitution, culminating a process that began as part of a resolution to the violent conflict that followed the december 2007 elections. The constitution of kenya p art 7 f inancial o fficers and i nstitutions 228controller of budget. This complete constitution has been generated from excerpts of texts from the repository of the. The constitution provides a legal framework that guarantees an allinclusive rightsbased approach to health service delivery to kenyans. Despite the new constitutions more progressive stance, not all keny.
Migai akech abstract this article suggests that corruption in the kenyan government is largely an institutional problem, rather than a cultural one. Constitution of kenya summary sovereignty of the people and the supremancy of this constitution. Kibui senior lecturer, school of education and logamurthie athiemoolam, university of nairobi, nairobi, kenya. The new constitution not only breaks the grip of the executive, but actually places more power directly into the hands of kenyan citizens. Chapter twothe republic 4declaration of the republic. Constitution addresses the terrible toll caused by unsafe illegal abortion. The 2010 constitution of kenya, currently in force, replaced the. The constitution of kenya is the supreme law of the republic of kenya. New constitution helps kenyan women gain traction in politics. Grace nyaga, senior lecturer, university of nairobi, school of education. Kenya institutional reform in the new constitution of kenya. Today, the kenyan government circulated a copy of the constitution to kenyans at home and abroad.
The new constitution was approved by 67% of kenyan voters and promulgated on 27th august 2010. Health policies in kenya and the new constitution for vision 2030 agnes w. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. About the constitution history kenya has had two documents called constitution during the colonial period and two since independence, before the current one that was adopted in 2010. Kenyans approve new constitution the new york times. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Nyamwamu compiles a list of 36 reasons why kenyans supported the draft of a new constitution. The draft harmonized kenya constitution appears to be here after twenty years of struggle. 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.
The new kenyan constitution of 2010 kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The kenyans endorsed a new constitution in a referendum on the 4 th. Kipchumba murkomen, separately examines how the new constitution has recon. 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.
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. Constitutional transitions and territorial cleavages. The constitution has enjoyed tremendous support both abroad and at home. The new constitution was approved by 67% of kenyan voters. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the. The new constitution explicitly permits abortion when in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the pregnant womanis in danger, or if permitted by any other written law. Wananchi are supposed to study the document and make further recommendations to the committee of experts coe. This is a document that contains laws on how the kenyan country should be governed. The kenyan government, however, did not intend to staunchly adhere to these new mandates of the constitution.
On august 4th 2010, the people of kenya voted and passed a new constitution. Did you know that kenya got a new constitution in 2010. Devolution in kenyas new constitution other states in africa that have attempted to redress similar historical land and justice questions. As recently as 20, kenyan policymakers amended previous laws to limit certain media coverage of terrorist attacks and attempted to suppress the reporting of the deteriorating safety in kenya.
Acknowledging the supremacy of the almighty god of all creation. 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. As the independence constitution was drafted through negotiations with the colonial power this is the first reform which detaches the constitution from its colonial origin and puts it on a new basis. This article discusses the language situation in kenya, beginning with an insightful history on language policies from the period when the country was still under british colonial rule. 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.
The new constitution establishes the framework for the restoration of constitutional democracy in kenya. In the year 2010, kenyans voted in the new constitution that was signed into law by the then president, mwai kibaki. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The constitution was promulgated on 27 august 2010. In the interest of justice, a court may allow an intermediary to assist. If implemented in a responsible way, the new constitution may thus address some of the central causes of violent conflict in kenya. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. It is beyond the scope of this report to conduct an exhaustive comparative analysis. Aug 06, 2010 nairobi, kenya with a new constitution overwhelmingly approved by voters, kenyan politicians are now talking excitedly about their countrys golden future. Gender equality in the new constitutional dispensation of. Tutorial fellow, university of nairobi, school of education. Will the new constitution enhance government accountability.
Language policy in kenya and the new constitution for vision. Kenyas new constitution, ratified in august 2010, stipulates that no more than twothirds of any appointed or elected body can be of the same gender, and, in an attempt to ensure further gender balance, included a provision stating that each of kenyas 47 counties elect a womens representative. Mother tongue holds a strong footing in the kenyan society since it is used for informal. Adopt, enact and give this constitution to ourselves and to our future generations. The former constitution which, incidentally, had been changed in very major ways from that agreed at lancaster house was the product of elite negotiations. Published by the national council for law reporting with the authority of the attorney general. For the first time, the highest law of the land recognised the role of women in.
Paper presented to the task force on the realignment of the education system to t he constitution of kenya. The kenyans endorsed a new constitution in a referendum on the 4. The constitution of the republic of kenya, 1963 as amended. Kenyan law system today is therefore significantly based on the constitution of kenya 2010 and other acts of parliament. The republic of kenya shall be a multiparty democratic state. Kenyas judiciary discharges its mandate through the following branches. 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. It also epitomised the victory for the women of kenya.
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