This act may be called the constitution fifteenth amendment act, 1963. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The interaction of legal systems is complex and often engenders conflict and competition. 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. A historical background to kenyas constitutional reform. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. The republic of kenya shall be a multiparty democratic state. Kenya institutional reform in the new constitution of kenya.
Contemporary readings 2011 lawafrica publishing k limited, at page 24. How about including articles on the lennox boyd, lyttleton constitutions as well as preindependence constitutional conferences preceding unsigned comment added by kimemia maina talk contribs 14. An act to make provision for, and in connection with, the attainment by kenya of fully responsible status within the commonwealth, including provision for terminating the giving of financial and other assistance to the east african common services organisation under the colonial development and welfare act 1959. Constitution of kenya chapter vi citizenship section 87 persons who become citizens on 12th december, 1963. Malcolm john macdonald served as governorgeneral of the commonwealth of kenya from december 12, 1963 to december 12, 1964. We will look at kenyas policynational interest within the east african region as well as her relations with uganda, kenyas most important trading partner.
Kenya constitution 1963 as amended to 2008 7 nolle prosequi. Here we will look at the role of regional economic organizations to kenyas development. Aug 18, 2016 soko directory was formed in 2008 by hidalgo investments ltd. Adar and isaac m munyae introduction jomo kenyatta, the founding president of kenya, passed away in august 1978 after fourteen years as head of state. Customary law, to the extent it does not conflict with statutory law, is used as a guide in. About the constitution history kenya has had two documents called constitution during the colonial period and two since independence, before the current one that was adopted in 2010. Kenya s national philosophy of education underscores the need to develop the human resource so as to attain the countrys development goals republic of kenya rok, 2012. The constitution of kenya chapter 1 the republic of kenya 1. Gender issues in the draft bill of the constitution of kenya. 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.
The highlights of the evolution of kenyas constitution can be highlighted by the following events. Constitution 1963 kenya subsidiary legislation, 1963. International center institutional reform in the new constitution of kenya for transitional justice executive summary the passing of the constitution of kenya of 2010 and its promulgation on august 27, 2010, heralds the deep desire of kenyans, as individuals and communities, to live in a society that respects and. Kenya gained its independence from britain in december 1963 and a truly representative legislative body was established through the 1963 independence constitution and the introduction of universal franchise.
Section 89 of the operative constitution however provides that. Kenya and the other from the centre for governance and democracy, a local ngo based in nairobi. The constitution enya kenya film classification board. Okothogendo university of nairobi constitutional sytsems in anglophone africa have not had a happy history, especially during the last decade. The constitution fifteenth amendment act, 1963 national. Hidalgo investments is an investment company with diverse interests in the fields of finance, government tenders, business consultancy and corporate image consultancy and legal research, and was incorporated in 2008 under the laws of kenya, cap 486. Respectful of the environment, which is our heritage, and. Jomo kenyatta is installed as kenyas first prime minister. Kenya formally achieved its independence from the united kingdom on december 12, 1963. Overview of corruption and anticorruption in kenya 2 1 overview of corruption in kenya background after independence from britain in 1963, founding president jomo kenyatta and his successor daniel arap moi established and sustained an increasingly corrupt oneparty authoritarian rule under the kenya. Under the guiding principles of the act, the 5 makau mutua, kenya s quest for democracy. Kenyan constitution amendments thru time wild about africa.
The new constitution brought to an end the powerful, centralised form of government that had prevailed. We will not have other laws that go against the constitution and if there shall be a law which is contrary to the constitution, it will have no place in kenya. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had. Nyamu 265 10 the challenges to and efficacy of election monitoring gichira kibara 280 11 transition and the politics of constitution making. Timeline of kenyas constitutional history the following table outlines kenyas constitutional changes, preceding the current 2010 constitution.
Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. The historical journey of womens leadership in kenya. The voting kanu primary elections were held on december 6, 1969 and were. Sir ainley who served in several british colonial territories before coming to kenya, had the singular honour of having sworn in the last governor general of kenya, sir malcolm macdonald, in 1963, and kenya s founding president, jomo kenyatta, in 1964. Kenyas 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to early amendments, and was replaced in 1969. The kenyans endorsed a new constitution in a referendum on the 4. In august 2010 kenya successfully promulgated a new constitution. Kenya is facing a constitutional showdown of such a magnitude as the country has never witnessed before. Pdf lecture notes on the history of kenya david peter. The process involved intensive struggle for about fifteen years that saw all sectors of society i. Paper presented to the task force on the realignment of the education system to t he constitution of kenya. This constitution essentially confirmed the main principles of the republic and interim constitutions, i. Jomo kenyatta is installed as kenya s first prime minister.
The current constitution is too old and has been overtaken by events. Sep 28, 2014 a historical background to kenyas constitutional reform process 1. The constitution of kenya the independent electoral and boundaries commission act no. The main difference between the parliament elected in 1963 and the one in 1969 was a single republican legislature serving under a head of state with immense powers. The kenya african national union won majorities in both houses and selected its leader, kenyatta, who had been released from prison in 1961, to be the first prime minister of the new nation. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
The constitution of the united republic of tanzania as further amended fourth constitution 1977today one month after ccm was founded, the permanent constitution was approved. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Individual guarantees article 1 every individual in the united mexican states shall enjoy the guarantees granted by this constitution, which cannot be restricted or suspended except in such cases and under such conditions as herein. These conferences produced a constitution in 1963 that provided for the creation of a bicameral legislature with elections held that may. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. The constitution is the supreme law of the land, it is the one that will guide us on all the things that we endeavour to do as a country including the laws that we will use. Kenya s 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to early amendments, and was replaced in 1969 under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya. Jomo kenyatta became the prime minister, and queen elizabeth ii became the head of state of the commonwealth of kenya. This constitution unlike the independent constitution which was negotiated in lanchester house in london in 1963 was negotiated differently. The campaign this was free of violence apart from isolated incidents. The need to reconcile customary law and womens rights kenya is a legally plural state where several different legal and normative systems operate alongside each other.
The highlights of the evolution of kenya s constitution can be highlighted by the following events. Constitution of kenya 1963 as originally enacted the 1969 constitution. Every person born in kenya after 11th december, 1963 shall become a citizen of kenya, if at the dated of his birth one of his parents is a citizen of kenya. The constitution of kenya amendment act no 28 of 1964 made kenya a republic created office of the president and made him both head of state and government. Kenya constitution 1963 as amended to 2008 7 nolle prosequi is also provided for in section 821 of the criminal procedure code, chapter 75 laws of kenya. Human rights abuse in kenya under daniel arap moi, 19782001 korwa g.
The politics of constitutional change in kenya since independence, 1963 69 by h. The constitution of kenya amendment act no 16 of 1968 abolished provincial councils and deleted from the constitution any references to the provincial and district boundaries and alterations thereof. Among others, this will help produce individuals who are intellectually. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008. Accordingly, education in kenya should be geared towards developing ones potential fully. The politics of constitutional change in kenya since. He served until 1968 when he was replaced by justice dennis farrel. A historical background to kenyas constitutional reform process. Jul, 2010 between the short period covering 1963 and 1991, the kenya constitution was amended several times. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
Post 2007 election violence and its impact on kenyas development. A comparative study of uganda, south africa and kenya. The current constitution of kenya was voted for on august 4, 2010 in a referendum by the citizens. The current constitution of kenya was enacted in 1969 after a series of fundamental amendments to the independence constitution that had come into force partly on 1 june 1963 and partly on 12 december 1963. The constitution of the republic of kenya, 1963 as. Lawmaking authority under the 1963 constitution was split vertically and horizontally. Constitution prepared by the uganda constitutional commission and to adopt and enact a constitution for uganda. This constitution is the constitution of the republic of kenya. The constitution of the republic of kenya, 1963 as amended. Mexicos constitution of 1917 with amendments through 2007. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Amendments in kenyas first constitution kenya monitor. The only one that ordinary citizens have had any role in making is the current one.
The lawyer who wrote kenyas first laws was a stickler for justice and was so incensed by the founding president jomo kenyatta for discriminating against asians after he was made prime. Kenyas constitutional development from preindependence to the proposed constitution, 2010 laila abdul latif, advocate. Almost without exception the independence documents have either ended up in military dustbins or have undergone change. The legal system is based on the 1963 constitution, the judicature act of 1967, and common law court precedent. His successor, daniel arap moi, served as kenyattas vicepresident from 1966 1978. Geoffrey wango ii education in kenya under the new constitution 2011.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Constitution of kenya 1969 as originally enacted the 2010 constitution. Do hereby, in and through this constituent assembly solemnly adopt, enact and give to ourselves and our posterity, this constitution of the republic of uganda, this 22nd day of september, in the year 1995. Kenya accepts compulsory icj jurisdiction with reservations. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Established the office of the vice president who would be appointed from the. Kenya s 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to early amendments, and was replaced in 1969. At the national level, kenya has a bicameral parliament consisting of. The constitution of kenya amendment no 2 act no 16 of 1968 election of president made to be by universal suffrage. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Kenya enacted a new constitution in 2010 through which it established a system of government akin to a federation, with legislative authority shared between the national parliament and county legislatures. Kenyas independence constitution of 1963 was, in the words of ghai and mcauslan, based on two. Honouring those who heroically struggled to bring freedom and justice to our land. Contemporary reading, provides an indepth assessment of the interface between constitutionalism and kenyas new constitution.
The constitution was presented to the attorney general of kenya on 7th april 2010, officially published on 6 may 2010, and was subjected to a referendum on 4 august 2010. The constitution fifteenth amendment act, 1963 5th october, 1963. The constitution of kenya arrangement of sections chapter icitizenship section 1 persons who become citizens on 12th december 1963. Constitution of kenya wikisource, the free online library. Be it enacted by parliament in the fourteenth year of the republic of india as follows. This was the culmination of a long struggle for a constitution that would be responsive to the social, economic and political needs of the people. Between 1961 and 1963, negotiations were held at lancaster house, london to develop a constitution for the country. Focusing on the historical trajectory on the search for a new constitution, chapter one lays the groundwork upon which the fault line between constitutionalism and the issue areas are. Constitution of kenya 1963 wikipedia republished wiki 2.
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