Constitution of Kenya

Constitution of Kenya. The Constitution of Kenya is the supreme law of Kenya, a country located in East Africa. It was adopted on August 4, 2010, and it came into effect on August 27, 2010, replacing the previous Constitution of Kenya (1963). The new Constitution of Kenya was a result of the efforts of Mwai Kibaki, the third President of Kenya, and Raila Odinga, the former Prime Minister of Kenya, who worked together to establish a new constitutional order, following the National Accord and Reconciliation Act (2008) and the Kilifi County-led Bomas of Kenya constitutional review process, which involved Kofi Annan, the former Secretary-General of the United Nations, and Graca Machel, a renowned Mozambican politician and Nelson Mandela's wife.

History of the Constitution

The history of the Constitution of Kenya dates back to the Lancaster House Conference (1960), where Kenyan leaders, including Jomo Kenyatta, Duncan Ndegwa, and Tom Mboya, negotiated for Kenya's independence from the United Kingdom. The first Constitution of Kenya (1963) was adopted on December 12, 1963, and it established Kenya as a monarchy with Elizabeth II as the head of state, represented by the Governor-General of Kenya. However, this Constitution of Kenya (1963) was later amended to make Kenya a republic, with Jomo Kenyatta as the first President of Kenya, following the country's independence from the United Kingdom on December 12, 1963. The Constitution of Kenya (1963) was further amended in 1964, 1966, 1968, 1974, 1977, 1979, 1982, 1986, 1988, 1990, 1991, 1992, and 1997, with significant changes introduced by Daniel arap Moi, the second President of Kenya, who ruled Kenya from 1978 to 2002. The National Council of Churches of Kenya, the Law Society of Kenya, and the Kenya Human Rights Commission played crucial roles in the review process, which was also influenced by the African Union's African Charter on Human and Peoples' Rights and the United Nations' Universal Declaration of Human Rights.

Structure of the Constitution

The Constitution of Kenya is divided into 18 chapters, with 264 articles and 6 schedules. It establishes the framework of the Government of Kenya, comprising the Executive, the Legislative, and the Judicial branches, with the President of Kenya serving as the head of state and government, and the Deputy President of Kenya as the principal assistant to the President of Kenya. The Constitution of Kenya also provides for the establishment of the Senate of Kenya and the National Assembly of Kenya, which make up the Parliament of Kenya, and the Supreme Court of Kenya, which is the highest court in Kenya. The Constitution of Kenya is based on the principles of democracy, human rights, and the rule of law, as enshrined in the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the Treaty for the Establishment of the East African Community. The International Commission of Jurists, the United Nations Development Programme, and the European Union provided technical assistance during the drafting process, which was also influenced by the Constitution of South Africa and the Constitution of the United States.

Bill of Rights

The Constitution of Kenya contains an extensive Bill of Rights, which is enshrined in Chapter 4 of the Constitution of Kenya. The Bill of Rights guarantees fundamental rights and freedoms, including the right to life, liberty, security, and property, as well as the right to freedom of expression, freedom of assembly, and freedom of association. The Bill of Rights also provides for the protection of the rights of women, children, and persons with disabilities, in line with the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the United Nations Convention on the Rights of Persons with Disabilities. The Kenya National Commission on Human Rights, the Federation of Women Lawyers in Kenya, and the Kenya Society for the Blind played key roles in advocating for the inclusion of these rights in the Constitution of Kenya. The Bill of Rights is based on the principles of human dignity, equality, and non-discrimination, as enshrined in the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights.

Principles of Governance

The Constitution of Kenya sets out the principles of governance, which are enshrined in Article 10 of the Constitution of Kenya. These principles include participation of the people, accountability, transparency, and good governance, as well as the principles of human rights and the rule of law. The Constitution of Kenya also provides for the establishment of independent commissions and offices, such as the Ethics and Anti-Corruption Commission of Kenya and the Office of the Auditor-General of Kenya, to promote good governance and prevent corruption. The Principles of Governance are based on the principles of democracy, human rights, and the rule of law, as enshrined in the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and the United Nations Convention Against Corruption. The World Bank, the International Monetary Fund, and the African Development Bank have provided support to Kenya in its efforts to promote good governance and prevent corruption.

Devolution and County Governments

The Constitution of Kenya introduces a system of devolution, which provides for the establishment of county governments and the transfer of power and resources from the national government to the county governments. The Constitution of Kenya provides for the establishment of 47 county governments, each with its own county assembly and county executive. The county governments are responsible for providing services such as healthcare, education, and infrastructure development, while the national government is responsible for matters such as foreign policy, defense, and national security. The devolution system is based on the principles of decentralization, participation, and accountability, as enshrined in the African Charter on Human and Peoples' Rights and the United Nations Charter. The United Nations Development Programme, the World Bank, and the European Union have provided technical assistance to Kenya in its efforts to implement the devolution system.

Amendment and Revision

The Constitution of Kenya provides for a process of amendment and revision, which is enshrined in Article 255 of the Constitution of Kenya. The process of amendment and revision involves the National Assembly of Kenya and the Senate of Kenya, as well as the people of Kenya, who have the right to participate in the process through referendums. The Constitution of Kenya also provides for the establishment of a Constitutional Review Commission, which is responsible for reviewing the Constitution of Kenya and making recommendations for amendments and revisions. The amendment and revision process is based on the principles of democracy, participation, and accountability, as enshrined in the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights. The International Commission of Jurists, the United Nations Development Programme, and the European Union have provided technical assistance to Kenya in its efforts to establish a robust amendment and revision process. Category:Constitutions