LAWS OF KENYA. THE CONSTITUTION OF KENYA, Published by the National Council for Law Reporting with the Authority of the Attorney-General. THE CONSTITUTION OF KENYA. Revised Edition (). Published by the National Council for Law Reporting with the Authority of the Attorney General. PDF | The Kenyan constitution, with discussion of the constitution-making process and its content.
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The Constitution of Kenya Chapter One - Sovereignty of the People and Supremacy of this Constitution KLRC Act, (PDF). > Strategic Plan. The Constitution of Kenya Kenya National Human Rights and Equality Commission. About KLRC. > The Constitution of Kenya. > KLRC Act, (PDF). The Kenyan Constitution App for Android. Know all your rights and duties as a citizen at the palm of your hand! Features: Full Kenyan Constitution - Search.
In , the independence constitution was replaced with a new text that entrenched amendments already made to the system of government that the independence constitution had contemplated.
Further amendments to the constitution were later effected, including, in , the institution of a de jure single party government. The single party system was ended in , and the first presidential election took place in Calls for a comprehensive review of the Constitution intensified in the late s and early s, helped by the victory of the opposition National Rainbow Coalition NARC party in the general elections.
Official and civil society consultation processes led to the adoption of what became known as the "Bomas draft" constitution after the location of the conference that adopted it.
The review of the Constitution stalled and negotiations over the adoption of a new text seemed deadlocked. A deadlock only finally broken by the intervention of the African Union through a mediation team headed by Kofi Annan , following the outbreak of serious post-election violence in early Drafting process for the Constitution[ edit ] 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 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in June The public was given 30 days to scrutinise the draft and forward proposals and amendments to their respective members of parliament, after which a revised draft was presented to the Parliamentary Committee on 8 January The Parliamentary Select Committee PSC revised the draft and returned the draft to the Committee of Experts  who published a Proposed Constitution on 23 February that was presented to Parliament for final amendments if necessary.
After failing to incorporate over amendments to the proposed constitution, parliament unanimously approved the proposed constitution on 1 April The proposed constitution was presented to the Attorney General of Kenya on 7 April , officially published on 6 May , and was subjected to a referendum on 4 August Executive, Legislature and Judiciary. The Executive — who holds executive authority and the qualifications. An introduction of an upper house — the Senate.
Chapter Four. The removal of age limit of 35 years to run for president.
New draft allows people to run as long as they are of adult age. Article Representation in elective bodies has to effectively meet a gender equity constitutional requirement, namely that no more than two-thirds of members shall be from either gender in its make up. Chapter 7, Article 81 b Integrity Chapter, requires an Independent Ethics Commission to be set up that will monitor compliance with Integrity in all government institutions and make investigations,recommendations to the necessary authorities i.
Attorney General and any other relevant authority. Chapter Six An advanced Human Rights and Equality Commission that will also have power to investigate and summon people involved in Human Rights abuses within the government and with the public.
Article Equitable Sharing of resources between the National government and the County government through a resolution of Parliament. Chapter Part 4. An Equalization Fund to improve basic access to basic needs of the marginalized communities.
Article Any member of the Public has a right to bring up a case against the government on the basis of infringement of Human Rights and the Bill of Rights — Article 23 1 2. The courts and government institutions are bound to the Bill of Rights as per the constitution Article 2 1 , Article 10 1.
The Salaries and Remuneration Commission that is an Independent entity and has the power of regularly reviewing salaries of all State officers to ensure the Compensation bill is fiscally sustainable. Article 5. Independence of the Judiciary is affirmed Article An Independent National Land Commission created to Maintain oversight and manage all Land Public belonging to National and County Government and recommend policy on addressing complaints from public,advise the National government on ways of improving National and County land management,planning,dispute resolution.
Environmental Rights are recognized under Chapter 5 Part 2 Freedom of Media establishment from penalty on expression, by the State on any Opinion and dissemination of media. This is subject to the Article The Executive[ edit ] The executive at the top most levels will be constituted of a president , deputy president and the Cabinet.
Shall not be a member of parliament Commander-in-Chief — and will declare war and state emergency upon approval by the National Assembly and Cabinet respectively. Head of Government — will wield executive authority and will co-ordinate and supervise all major sections of the executive branch.
Shall nominate, appoint with prior approval of the national assembly, and dismiss Cabinet Secretaries. Preside over Cabinet meetings. Shall assent bills into law or refer them back to parliament for further review. Shall nominate, and after approval of Parliament, appoint a Chief Justice. Shall nominate, and after approval of Parliament, appoint an Attorney General Shall nominate, and after approval of Parliament, appoint a Director of Public prosecution.
The Legislative branch is bicameral and will constitute of the following An upper house — the Senate Each of the 47 counties will have a Senator A senator will be elected by the voters.
The Supreme Court is the only court that can hear and determine any case challenging the election of the President. The court also attends to appeals from the Court of Appeal, the High Court and other courts and tribunals. The Court of Appeal is the second highest court in Kenya. It comprises of at least 12 judges and is headed by a President of the Court of Appeal. The court only has appellate jurisdiction over appeals from the High Court and other courts and tribunals. The third highest court in Kenya is the High Court.
The High Court has unlimited original jurisdiction in criminal and civil matters.
The court also has supervisory powers over the subordinate courts. The constitution mandates Parliament to establish special courts to determine disputes related to employment and labour relations, land and environmental matters.
These special courts have equal status with the High Court. The High Court does not have any jurisdiction over matters handled exclusively by these special courts. The Magistrates courts, Kadhis' courts and the Courts Martial are the only subordinate courts established in the constitution of Kenya. Parliament will create legislation on how these subordinate courts will function.
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The constitution empowers parliament to establish other subordinate courts and tribunals as necessary. Kadhis' courts only determine cases related to personal status, marriage, divorce or inheritance for people who profess the Muslim religion and who voluntarily submit to the jurisdiction authority of the Kadhis' courts.
The Devolved Governments The Kenya constitution establishes 47 counties, each with its own government. County governments consist of a county assembly and a county executive. The county assembly is made up of members elected from different wards in the county.
The county governor is the head of the county executive. Voters in each county elect their governor and deputy governor directly. The governor then appoints other members of the county executive committee, with the approval of the county assembly. County governments are in charge of agriculture, health services, public amenities, county trade development and regulations, county planning and development among other services that they're mandated to provide to the residents of that county.
Some of the provisions of the new constitution of Kenya are still in the process being effected after Kenya conducted its first general elections in March under the new constitution. Parliament is supposed to enact legislation within five years to support its full implementation. You can download the. Related Kenya Information The history of Kenya and the founding fathers. Religions practiced in Kenya.
About the government of Kenya - it's structure under the new constitution. Kenya safari tours, animal safaris, adventure holidays and beach safaris that you can customize and book online before you travel to Kenya.Chapter One of the constitution states as much, and also installs the constitution as the supreme law of Kenya.
Constitution of Kenya
After failing to incorporate over amendments to the proposed constitution, parliament unanimously approved the proposed constitution on 1 April Under the Kenya constitution, the Supreme Court is the highest court in Kenya.
Every Five years the Senate receives recommendations from the Commission of Revenue Allocation Article and a resolution is passed on the criteria for Revenue allocation. The demand for a new constitution to replace the text with a more democratic system began in the early s, with the end of the Cold War and democratic changes taking place elsewhere in Africa.
The Constitution of Kenya is the supreme law of the Republic of Kenya.
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