Article 5 kenya consists of the territory and territorial waters comprising kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic. This act may be cited as the constitution of kenya amendment act, 2017. Language in kenya today i sketch first the current linguistic scene. The constitution of kenya at article 26 states that any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Constitution of guyana organization of american states. The constitution of the democratic republic of the congo, 2005 1 table of contents preamble title i general provisions chapter 1 the state and sovereignty chapter 2 nationality title ii human rights, fundamental liberties and the duties of the citizen and the state. Icc010919, decision pursuant to article 15 of the rome statute on the authorization. National values and principles of governance kenya law.
The preamble to the constitution of kenya, 2010 the constitution is instructive the kenyan people expressly acknowledge pride in their ethnic, cultural and religious diversity, and restate their determination to live in peace and unity. Article 25 the legislative power shall be vested in the national assembly and the king. The organization shall operate as international ngo within kenya but also within other east african countries. Furthermore, 12 are institutional, 34 are developing, 15 are vigorous, 2 are in trouble, and 4 are dying. See article 43 and generally chapter iv of the constitution of kenya 2010.
Kamau kuria also has participated actively in the debate over the status of the kenyan constitution. Human rights in kenya internationally maintain a variety of mixed opinions. 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. Parliament that satisfies the criteria referred to in article 24.
Article 14 the state shall, within the limits of its capacity, take special measures for the welfare of the survivors of genocide who were rendered destitute by the genocide committed in rwanda from october 1st, 1990 to december 31st, 1994, the disabled, the indigent and the elderly as well as other vulnerable groups. Kenyan constitution, chapter fifteen, article 251 to 254. However, whatever constitution an ngo may adopt, should in principle provide sufficiently for management and structure, accountability and transparency in its operations. Of the living languages, 60 are indigenous and 7 are nonindigenous. The right to equality in kenyas new constitution equal rights trust. Article 15 the public authorities are responsible for the elimination of. The constitution of kenya draft amendment bill, 2017 1 the constitution of kenya amendment bill, 2017 a bill for an act of parliament to amend the constitution of kenya by popular initiative enacted by the parliament of kenya, as follows. The national values and principles of governance in this article bind all state. National values and principles of governance kenya. Article 15 the public authorities are responsible for the elimination of sexual violence used as an instrument in the destabilization and displacement of families. The public seal of kenya shall be such device as may be prescribed by or under an.
Constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. The national assembly shall consist of a senate and a chamber of deputies. Kenya institutional reform in the new constitution of kenya. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. Cypruss constitution of 1960 with amendments through 20. Hidalgo investments is an investment company with diverse interests in the fields of finance, government tenders, business consultancy and corporate image consultancy and legal research, and was incorporated in 2008 under the laws of kenya, cap 486. Kenyas constitution in a global context international. Such a constitution must embody the prescriptions of the second schedule of the nongovernmental organization regulations, 1992.
There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Chapter fifteen commissions and independent offices kenya. The constitution of the republic of uganda was promulgated on. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Aug 18, 2016 3 for purposes of this article a a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens. Chapter 5 also makes detailed provisions for the protection of the environment. Compare with article 24 of the constitution of kenya, 2010. Enacted by the parliament of kenya as follows short title. Article 24 i the nation is the source of all powers. The constitution of the republic of kenya, 1963 as.
The constitution of the republic of kenya, 1963 as amended. Njoya and others v attorneygeneral and others 2004. Previously, this blogger discussed here the tobacco control regulations 2014 made by the cabinet secretary for health published under legal notice no. It attributes such corruption to the predominance of arbitrary power, especially in the statutory as opposed to constitutional order. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Kenyan constitution, chapter fifteen, article 248 to 250 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. Table of contents preamble title i general provisions. The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Kenya is a country diverse in race, culture, ethnicity and religion. The reprint was prepared by the uganda law reform commission.
Chapter thirteenthe public service part 1values and principles of public service 232values and principles of public service. Ghai, yash pa l and cottrell ghai, jill, kenyas co. Adopted by the national constitution conference on 15 march 2004 20 th october 2004 5. 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. Officials mean all elected, coopted or appointed members of the various bodies and committees of the federation as well as coaches, trainers and all persons responsible for technical, medical and administrative matters in the federation, branches, clubs and leagues which are affiliates andor member organizations of the federation. The rule of law in kenya and the status of human rights. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. The house of representatives shall be composed of members chosen every second year by the people of the several. 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. October 1995 by the constituent assembly, replacing the 1967 constitution.
This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Draft constitution of kenya bomas draft, 15 march 2004. Honouring those who heroically struggled to bring freedom and justice to our land. The republic of kenya shall be a multiparty democratic state. The constitution of kenya is the supreme law of the republic of kenya.
The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Soko directory was formed in 2008 by hidalgo investments ltd. Kamau kuria published articles on issues of constitutional theory and the rule of law in kenya. 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. Since its promulgation, the constitution has been amended three times. The constitution of kenya chapter 1 the republic of kenya 1. Article 14 family article 15 childrens rights article 16 property article 17 political activity article 18 administrative justice article 19 culture article 20 education article 21 fundamental freedoms article 22 limitation upon fundamental rights and freedoms. Pursuant to article 941 of the constitution, the legislative authority of the republic is derived from the people and, at the. Conflict of interest kenya law reform commission klrc. The constitution enya kenya film classification board. The constitution of kenya klrc act, 20 pdf strategic plan. Chapter twothe republic 4declaration of the republic.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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, 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. Pluralism, language and the constitution jill cottrell ghai. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya.
The constitution of kenya the present constitution with amendments that has been in existence since 1969. Oxford university, returning to kenya to teach law at the university of nairobi. International treaties and agreements notwithstanding, any sexual violence committed against any person with the intention to destabilize or to displace a family and to make a whole. Further, article 27 4 does not provide an explicit protection for.
The organization shall be nontribal, nonreligious and nonpolitical. The constitution of the hashemite kingdom of jordan. Will the new constitution enhance government accountability. Expectations at the county and national le vels when county governments become operational, there will be many incentives and. The 2010 edition replaced the 1963 independence constitution. Constitution of kenya 2010 wikisource, the free online. Situation in the republic of kenya american journal of. Nov 11, 2018 6 any treaty or convention ratified by kenya shall form part of the law of kenya under this 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 is practised. Kenyan constitution amendments thru time wild about africa.
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