2010 Constitution of Kenya

2010 Constitution of Kenya
Name	Constitution of Kenya, 2010
Caption	Cover of the Constitution adopted in 2010
Date ratified	2010-08-27
Location	Nairobi, Mombasa, Kisumu
Document type	Constitution
System	Unitary presidential republic
Supersedes	Constitution of Kenya (1969)

2010 Constitution of Kenya The 2010 Constitution of Kenya replaced the 1969 constitution after a national referendum and enacted comprehensive reforms across the judiciary, legislature, executive and devolved units. Promulgated amid campaigns that involved actors from the National Dialogue Committee (Kenya), Orange Democratic Movement, Party of National Unity (Kenya), Kenya African National Union, and civil society groups such as mzalendo-linked organizations, the document aimed to address the legacies of the 1992 Kenyan general election, 2007–2008 Kenyan crisis, and constitutional debates traceable to the Lancaster House Conferences. The text reconfigured state institutions, human rights architecture, land reform frameworks, and devolution tied to counties like Nairobi County, Mombasa County, and Kisumu County.

Background and Drafting

The drafting process followed public campaigns led by figures and institutions including Willy Mutunga, Bethuel Kiplagat, Githu Muigai, the Kenya National Commission on Human Rights, Amnesty International, International Commission of Jurists, and the Catholic Church (Kenya). Proposals emerged from competing models such as the Bomas of Kenya draft, the Wako Draft, and the draft produced by the Committee of Experts on Constitutional Review (Kenya), which consulted constituencies across Nakuru, Eldoret, and Nakuru County markets, universities like University of Nairobi, and bar associations such as the Law Society of Kenya. Political events including the 2005 Kenyan constitutional referendum and mediation by the Intergovernmental Authority on Development and personalities associated with the United Nations and African Union influenced negotiations. International missions from Commonwealth of Nations, European Union election observation missions, and diplomats from United States Department of State and Foreign and Commonwealth Office observed the referendum.

Key Provisions

The constitution created an expanded Bill of Rights (Kenya), entrenched a devolved system of 47 counties like Kiambu County and Nakuru County, and redefined the presidency, parliament, and judiciary. It established independent commissions such as the Independent Electoral and Boundaries Commission, the Judiciary of Kenya under Supreme Court of Kenya, the Judicial Service Commission, the Public Service Commission (Kenya), and the Ethics and Anti-Corruption Commission. Provisions addressed land under institutions like the National Land Commission, and included transitional justice mechanisms informed by reports from bodies such as the Truth, Justice and Reconciliation Commission (Kenya). Electoral rules affected parties including Wiper Democratic Movement, Ford-Kenya, and coalitions like the Azimio la Umoja and Kenya Kwanza, while constitutional limits touched on offices once occupied by figures like Mwai Kibaki and Uhuru Kenyatta.

Governance and Institutional Changes

Executive powers were curtailed by checks involving the Parliament of Kenya bicameral setup—Senate of Kenya and National Assembly (Kenya)—and by the enhanced role of the Attorney General of Kenya and independent bodies such as the Office of the Director of Public Prosecutions. The judiciary was restructured through the establishment of the Supreme Court of Kenya, the elevation of the Court of Appeal (Kenya), and reforms affecting judges appointed with input from the Judicial Service Commission chaired by persons like Willy Mutunga. Devolution created county executives led by governors such as Evans Kidero (historic example) and county assemblies, while fiscal arrangements referenced the Commission on Revenue Allocation (Kenya), the Controller of Budget, and the Office of the Auditor-General.

Bill of Rights and Fundamental Freedoms

The new Bill of Rights expanded protections for civil and political rights, economic rights and social rights, and introduced specific guarantees against torture enforced by bodies such as the Kenya National Commission on Human Rights. It addressed equality provisions relevant to groups represented by organizations like the Kenya National Commission on Human Rights and activists associated with Pambazuka News and Kituo cha Sheria. Rights to property, land claims before the Land and Environment Court (Kenya), and cultural rights touching communities including the Maasai and Mijikenda were codified, alongside provisions on succession and family law referencing decisions of the High Court of Kenya.

Implementation and Transitional Arrangements

Implementation required institutional transition plans coordinated by the Ministry of Justice (Kenya), the Public Service Commission (Kenya), and oversight from parliamentary committees such as the Committee on Implementation. Transitional provisions covered repeals of laws like the Presidential Powers (Kenya) vestiges and mandated timelines for bodies including the Independent Electoral and Boundaries Commission to prepare for elections observed by missions from the African Union, Commonwealth Observer Group, and International Foundation for Electoral Systems. Devolution roll-out involved county establishment processes and staffing in counties such as Turkana County and Kitui County.

Political and Legal Impact

The constitution altered political competition among parties like Orange Democratic Movement and Party of National Unity (Kenya), influenced landmark cases at the Supreme Court of Kenya including presidential election petitions involving figures such as Raila Odinga and Uhuru Kenyatta, and shaped anti-corruption litigation pursued by the Ethics and Anti-Corruption Commission and prosecutions at the Office of the Director of Public Prosecutions. Legal scholarship from institutions like Strathmore University and the Kenya School of Law examined impacts on jurisprudence, while civil society networks including Transparency International and Haki Africa evaluated governance outcomes.

Amendments and Subsequent Developments

Amendments and proposed changes have been introduced through parliamentary processes involving the Parliament of Kenya, presidential initiatives by offices like that of President William Ruto and legislative debates featuring members from parties such as Amani National Congress and United Democratic Alliance (Kenya). Key post-promulgation episodes included legal challenges at the Supreme Court of Kenya, public campaigns led by alliances like Poitik, and policy reforms touching electoral law, devolution financing via the Commission on Revenue Allocation (Kenya), and judicial appointments overseen by the Judicial Service Commission. Ongoing discussions incorporate inputs from regional bodies such as the East African Community and observers from the International Commission of Jurists.

Category:Constitutions