Article 4 of the constitution of kenya pdf

National values and principles of governance kenya. The court noted that the creation of article 257a in the constitution, now article 258 in the 2000 revised edition, was inconsistent with article 88 of the constitution, which provides for the quorum of parliament when voting on any question. Using examples of corruption and abuses of power, this article examines how governmental power is exercised in kenya and analyzes the potential of the new constitutionwhich took effect on august 27, 2010, following approval by the citizenry at a referendum held on august 4, 2010to enhance government accountability. The second amendment is the constitution amendment act, 2005. 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 20101 assigns health policy and all criminal law to the national government. Human rights in kenya internationally maintain a variety of mixed opinions. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Constitution of malta 1 constitution of malta arrangement of articles chapter i the republic of malta article 1. This thesis sought to address implementation of article 26 4 of the constitution of kenya which qualifies abortion on certain grounds. The legal implications of article 26 of the constitution of kenya 2010 by david kenani maraga g62640092010 a project paper submitted in partial fulfillment of the. When kenya gained independence from british colonial rule in 1963 it.

The new constitution in 2010 enhanced previous land reform efforts by establishing a legal framework for the administration, use, and management of land in kenya. Implementing article 26 4 of the constitution of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The constitution of kenya provides an example of how this problem can be.

Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. Cypruss constitution of 1960 with amendments through 20. Further, article 59 5 empowers parliament to assign functions to each commission established under clause 4. The new constitution was approved by 67% of kenyan voters. 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. This study will analyse how well article 59 of the constitution is distinguished in the kenya national human rights commission bill, the ombudsman commission bill and the national gender commission bill. Constitution of kenya 2010 wikisource, the free online. While the institutionalization of equity is welcomed.

Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. Part ii county governments 5functions of county governments. The kenyans endorsed a new constitution in a referendum on the 4th of august. The constitution of the united states preamble 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. This act may be cited as the constitution of kenya, 2010 amendment act, 2015. Chapter twothe republic 4 declaration of the republic. 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. Also, parliament passed the childrens act to ensure the protection of minors, as well as the disability act. The kenyans endorsed a new constitution in a referendum on the 4. 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. 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. Devolution is one of the most transformative changes to kenyas governance system brought about by the constitution of kenya, 2010. Constitution will come into effect in the manner determined by statutes and institutional acts necessary for their application by virtue of the article 46 of the constitutional act no. A constitution of the state of washington preamble article i declaration of rights sections 1 political power.

The parliament of kenya enacted new land laws, including. 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 sovereignty of ukraine shall extend throughout its entire territory. It outlined definitions of land and land systems in kenya as well as set out a land legislative obligation on parliament. The constitution of the republic of kenya, 1963 as amended. Kenya made some progress in 2003, when it set up a national human rights institution, the kenya national commission on human rights knchr, with a mandate to ensure kenya s compliance with international human rights standards. The republic of kenya shall be a multiparty democratic state.

It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and. Draft constitution of kenya bomas draft, 15 march 2004. National values and principles of governance kenya law. Kenya s 2010 constitution marks the first time that treaty law has been constitutionally declared part of kenya s domestic law. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter. Under the 2010 constitution of kenya, abortion is permitted in certain circumstances. The constitution was promulgated on 27 august 2010. Article 174 of the constitution provides that one of the key objectives of devolution is to promote social and economic development and provide proximate, easily accessible services throughout kenya. President has not been validly elected as president for any reason other than that he has not been. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The constitution of the united states preamble 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.

Equality and freedom from discrimination kenya law. 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. Ukraine shall be a sovereign and independent, democratic, social, lawbased state. The constitution of the republic of kenya, 1963 as. When kenya gained independence from british colonial rule in 1963 it introduced its. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Adopted by the national constitution conference on 15 march 2004 20 th october 2004 5. The house of representatives shall be composed of members chosen every second year by the people of the several. Kenya national human rights and equality commission the constitution of kenya preamble chapter one sovereignty. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1.

Nov 30, 2018 the new constitution in 2010 enhanced previous land reform efforts by establishing a legal framework for the administration, use, and management of land in kenya. The high court has jurisdiction, in accordance with article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a. The county governments act, 2012 1 the county governments act, 2012 arrangement of sections section part i preliminary 1short title and commencement. Recognising the aspirations of all kenyans for a government based on freedom, democracy, social justice and the rule of law. Prior to the promulgation of its 2010 constitution, kenya followed the dualist system in domesticating the treaties it ratified. Nov 11, 2018 4 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. Kenya is a country diverse in race, culture, ethnicity and religion. Improving access to justice in kenya through horizontal. Enacted by the parliament of kenya as follows short title. The objective was to determine the legal and regulatory considerations on article 26 4 and offer recommendation on necessary legislation.

Download pdf this is the constitution of kenya at independence in 1963. 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. A portion of article i, section 2, was changed by the 14th amendment. Constitutional development in kenya, a historical perspective. The shutdown completely violates article 34 of the constitution of kenya of 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.