Improving access to justice in kenya through horizontal. Did you know that kenya got a new constitution in 2010. The bill of rights is one of the most comprehensive in the world covering basic, socialpolitical and economic rights. Attorneygeneral, office of public communications, kenya pdf pdf doc. The constitution of kenya, 2010 amendment bill, 2015 2 the constitution of kenya, 2010 amendment bill, 2015 a bill for an act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Second, it seeks to establish the extent to which kenyas reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. 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.
There were 27 amendments to kenyas first constitution, starting in 1964 to 2008. The proposed constitution of kenya in sec 244 exempts a section of society that profess islam as their religion from broad sections of the bill of rights that relate with personal status, marriage, divorce and inheritance. Will kenyas 2010 constitution work for women and children. The state shall take legislative and other measures to implement the principle that not more than two thirds. The status of international law in kenya by maurice oduor ssrn. Chapter i sovereignty of the people and supremacy of the constitution chapter ii the. Kenya constitution bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. International human rights treaties they affirm their determination to establish a state of law and of. Part 2 of chapter 4 covers rights and fundamental freedoms. Amendments in kenyas first constitution kenya monitor. And undoubtedly, 5 of continue reading five fundamental human rights that are.
Justice willy mutunga perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the kenyan constitution sets. It gives kenyan citizens the freedom to exercise their sovereign power directly indirectly or by exercising their democratic rights. A comparative analysis on implementation of human rights. Part iv argues that kenyas antisodomy laws are unconstitutional in light of the bill of rights and international human rights agreements to which kenya has legally bound itself. Djiboutis constitution of 1992 with amendments through 2010. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. This provides courts with the opportunity to seek inspiration from the nonmunicipal legal framework when resolving disputes.
Kenya has been reborn, declared kiraitu murungi, the energy minister, shortly before final results were announced thursday showing that the new constitution had passed, with 67 percent of. 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. The constitution of kenya 2010 in article 278 of the bill of rights provides that. The south african constitution of 1996 is a document that consists of 14 chapters. The bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies.
Established the office of the vice president who would be appointed from the. The 2010 constitution of kenya and its interpretation. This is a document that contains laws on how the kenyan country should be governed. Every person shall enjoy the rights and fundamental freedoms in the bill of. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Article 59 4 of the constitution of kenya, 2010 mandates parliament to enact legislation to give full effects to the bill of rights and implementation of the functions of the kenya national human rights and equality commission. Constitution of kenya 2010 wikisource, the free online. The coming into effect of the constitution of kenya 2010 is only a. Also, parliament passed the childrens act to ensure the protection of minors, as well as the disability act. Democracy and of the rights of man as they are defined by the universal declaration of the rights of man and by the african charter of the rights of man and of peoples, of which the provisions form an integral part of this constitution.
The independent constitution had a bill of right that was modeled in the european convention on human rights of 1951. All bills for raising revenue shall originate in the house of representatives. The bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The policy exhibits kenyas health sectors obligation, under the national government supervision, to ensure that kenya attain the highest possible standards of health, in response to the needs of its citizens. Sep 17, 20 in a major leap, the 2010 constitution of kenya recognises international law as part of the domestic legal order. The proposed constitution of kenya in sec 170 provides for the establishment of kadhi courts. Chapter four the bill of rights kenya law reform commission. Jun 02, 2017 fundamental and essential human rights in kenya are covered in chapter 4 of the kenyan constitution that came into effect in 2010.
Enacted by the parliament of kenya as follows short title. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. Kenya the constitution of the republic of kenya, 2010. It says how the government should rule the country and it includes a bill of rights. Kenyans approve new constitution the new york times.
The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Constitution of kenya 2010 constitution of the republic of south africa 1996 list of statutes kenya division of revenue bill national assembly powers and privileges act, cap 6 of the laws of kenya county government act, no. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. Broadly stated, the objective of the project was both historical and. This twoyear 201416 evidence and learning project, funded by the uk department for international development, asks. Clause 3 of article 19 makes it clear freedoms of the bill of rights. Part iii examines kenyas new constitution, highlighting its bill of rights and the incorporation of international law into kenyas domestic law. However, the manner in which the constitution incorporates international law is ambiguous and confusing. The british occupied kenya for almost 100 years and in early 1960, the british started negotiating for independence that culminated to the writing of independent constitution by a few selected people in london. Principles, government and human rights mbondenyi, morris kiwinda published by african books collective mbondenyi, morris kiwinda. This contains far reaching commitments to a wide range of rights and an ambitious vision of social equity and has the real potential to address historical injustices and grievances.
Tins constitution is the constitution of zanzibar and shall have the. 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. Kenya national human rights and equality commission. Constitution shall prevail and that law shall be null and void to that.839 1210 1120 566 937 1192 345 609 1186 16 269 138 1022 169 46 1298 1372 1182 1356 151 316 933 1357 403 739 446 1553 808 753 550 990 1392 362 1105