THE CONSTITUTION OF KENYA PDF
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.
The National Assembly also reviews the conduct of the President and other state officers, and initiates the process of removing them from office if necessary. Senate on the other hand serves the interests of counties and the county governments by debating and approving bills concerning the counties.
The senate also determines the outcome of any resolution of the National Assembly to impeach the President or the Deputy President. The Executive The President, the Deputy President, and the cabinet constitute the executive arm of the Kenyan government. The President is elected directly by all registered voters for a five year term. One can only serve as president for a maximum of two terms. The Deputy President is the President's principal assistant.
During the presidential election, each presidential candidate nominates a running mate. Upon election, this running mate becomes the Deputy President.
The cabinet comprises of the President, the Deputy President, the Attorney General, and 14 to 22 cabinet secretaries. The President appoints the cabinet secretaries, but the appointments must be approved by the National Assembly.
The Judiciary The constitution creates an independent judiciary consisting of the courts of law and tribunals. The Chief Justice is the head of the judiciary, and is appointed by the President on the recommendation of the Judicial Service Commission.
Constitution of Kenya
This is subject to the approval of the National Assembly. Under the Kenya constitution, the Supreme Court is the highest court in Kenya.
This court also comprises the Deputy Chief Justice and five other judges. 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.
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 This was based on Chapter 6 of leadership and integrity and article 10 which requires a public officer to be of high integrity. Art provides for procedure of amending the constitution where it should be through a referendum if the amendments touch on supremacy of the constitution, the territory of Kenya, sovereignty of the people, Bill of Rights thus protecting the constitution from manipulation.
Structure of the Kenyan Government.
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Legislature Established under chapter 8 of the constitution. Consists of the National Assembly and the Senate as provided for in Art 93 1.
Under Art 97, the National Assembly consists of members elected by registered voters, 47 women representatives from each county, 12 nominated members by parliamentary political parties and the speaker who is an ex official member. Parliament makes and amends laws in the country. Executive Established in chapter 9. As seen under Art 1 , executive authority derives from the people of Kenya and shall be exercised in accordance with the constitution. Under Art , the national executive comprises of the President, the Deputy President and the Cabinet.
Judiciary Established in chapter 10 of the constitution. In Art 1 , judicial authority is derived from the people and vests in and shall be exercised by, the courts and tribunals established by the constitution.
Art 1 provides for the independence of the judiciary where it states that in the exercise of judicial authority, the judiciary shall be subject only to the constitution and the law and shall not be subject to the control or direction of any person.
Relationship between the government and the citizens. Devolved government Devolved government is provided for in chapter 11 of the constitution.
As seen in Art 4 , the county governor is the chief executive and the deputy governor the deputy chief executive of the county. Reasons for devolving the government are to bring power closer to the people, dismantle one centre of power into many centres power and creation of local structures that mirror the national structure. Political Pillar.Devolved government Devolved government is provided for in chapter 11 of the constitution. These changes included: The second chapter - recognises that Kenya is a sovereign republic and a multi-party democratic state.
Senate on the other hand serves the interests of counties and the county governments by debating and approving bills concerning the counties.
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. The senate also determines the outcome of any resolution of the National Assembly to impeach the President or the Deputy President. Each county will have a County Executive headed by a county governor elected directly by the people and; A county assembly elected with representatives from wards within the county.
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