Malcolm Rivera
The Kenyan Constitution is the supreme law of the Republic of Kenya. It has undergone several amendments since its promulgation in 2010, with the most recent redraft being enabled in the same year. The constitution is divided into 18 chapters, each containing several articles detailing the country's laws and governance structure. These chapters cover a range of topics, including sovereignty, citizenship, rights, land, leadership, and transitional provisions.
| Characteristics | Values |
|---|---|
| Number of Chapters | 18 |
| Number of Articles | 264 |
| Year of Promulgation | 2010 |
| Chapters | Sovereignty of the People and Supremacy of this Constitution, The Republic, Citizenship, The Bill of Rights, Land and Environment, Leadership and Integrity, Representation of the People, The Legislature, The Executive, Judiciary, Devolved Government, Public Finance, The Public Service, National Security, Commissions and Independent Offices, Amendment of this Constitution, General Provisions, Transitional and Consequential Provisions |
| Articles | Entitlements of citizens, Retention and acquisition of citizenship, Citizenship by birth, Citizenship by registration, Dual citizenship, Revocation of citizenship, Legislation on citizenship, National values and principles of governance, Defence of this Constitution, Declaration of the Republic, Territory of Kenya, Devolution and access to services, National, official and other languages, State and religion, National symbols and national days, Culture, Rights and fundamental freedoms, Application of Bill of Rights, Implementation of rights and fundamental freedoms, Enforcement of Bill of Rights, Authority of courts to uphold and enforce the Bill of Rights, Limitation of rights and fundamental freedoms, Fundamental Rights and freedoms that may not be limited, Classification of land, Public land, Community land, Private land, Landholding by non-citizens, Regulation of land use and property, National Land Commission, Legislation on land, Obligations in respect of the environment, Enforcement of environmental rights, Agreements relating to natural resources, Legislation relating to the environment, Responsibilities of leadership, Oath of office of State officers, Conduct of State officers, Financial probity of State officers, Separation of Powers between the three arms of government, Qualifications to hold office in the Judiciary, Appointment to the Judiciary, End to gender discrimination, Removal of age limit to run for president, Devolution to the county governments, Appointment of Ambassadors/High Commissioners to Kenyan embassies abroad, Tentative total number of Senators, Votes to investigate and impeach the president, Division of the country into counties, Each county will have a County Executive headed by a county governor elected directly by the people, A county assembly elected with representatives from wards within the county, Advanced Bill of Rights, Recognition of socio-economic rights of Kenyan citizens |
Explore related products
$9.99 $9.99
What You'll Learn
The Kenyan Constitution has 18 chapters
The 18 chapters of the Kenyan Constitution are as follows:
- Chapter One: Sovereignty of the People and Supremacy of this Constitution
- Chapter Two: The Republic
- Chapter Three: Citizenship
- Chapter Four: The Bill of Rights
- Chapter Five: Land and Environment
- Chapter Six: Leadership and Integrity
- Chapter Seven: Representation of the People
- Chapter Eight: The Legislature
- Chapter Nine: The Executive
- Chapter Ten: Judiciary
- Chapter Eleven: Devolved Government
- Chapter Twelve: Public Finance
- Chapter Thirteen: The Public Service
- Chapter Fourteen: National Security
- Chapter Fifteen: Commissions and Independent Offices
- Chapter Sixteen: Amendment of this Constitution
- Chapter Seventeen: General Provisions
- Chapter Eighteen: Transitional and Consequential Provisions
Each chapter contains several articles that detail the specific laws and provisions within that chapter. For example, Chapter Three on Citizenship includes articles on entitlements of citizens, retention and acquisition of citizenship, citizenship by birth, dual citizenship, and revocation of citizenship, among others.
The Kenyan Constitution has undergone several iterations, with the most recent redraft being enabled in 2010. This version replaced the independence constitution of 1963 and made significant changes to the structure of the government, including the separation of powers between the executive, legislature, and judiciary, and the removal of the age limit of 35 years to run for president.
Connecticut's Influence on the US Constitution
You may want to see also
Chapter One: Sovereignty of the People
The Constitution of Kenya is the supreme law of the Republic of Kenya. There are eighteen chapters in the Kenyan Constitution, which outline its structure and function. Chapter One is titled 'Sovereignty of the People and Supremacy of this Constitution'.
Article 1 of Chapter One establishes that all sovereign power belongs to the people of Kenya and must be exercised in accordance with the Constitution. The people of Kenya may exercise their sovereign power directly or through their democratically elected representatives. This chapter also outlines that sovereign power is delegated to specific State organs, including Parliament, the legislative assemblies in the county governments, the national executive, and the judiciary. These organs must perform their functions in accordance with the Constitution.
Article 2 of Chapter One establishes the supremacy of the Constitution, stating that it is the supreme law of the Republic, binding all persons and State organs at both levels of government. No person may claim or exercise State authority except as authorised under this Constitution, and its validity cannot be challenged by any court or State organ.
Article 3 of Chapter One focuses on the defence of the Constitution, stating that any law, including customary law, that contradicts the Constitution is void. Additionally, any act or omission that contravenes the Constitution is invalid. The general rules of international law and any treaties or conventions ratified by Kenya are also incorporated into the law of Kenya under this Constitution.
The Kenyan Constitution, promulgated in 2010, brought significant changes to the country's governance, decentralising power and placing the people at the centre of decision-making. It replaced the independence constitution of 1963, marking a shift from a federal system to a unitary system of governance.
The National Police Force: Constitutional or Overreach?
You may want to see also
Chapter Two: The Republic
The Kenyan Constitution, the supreme law of the Republic of Kenya, is an extensive document that outlines the country's governing principles and the rights and freedoms of its citizens. It is a product of a comprehensive reform process that involved public participation and aspirations. This constitution is divided into several chapters, each addressing specific aspects of the country's governance and legal framework. One of these chapters, Chapter Two, is titled "The Republic" and encompasses a range of provisions that define the nature of the Kenyan state and its fundamental principles.
Chapter Two of the Kenyan Constitution sets the tone for the entire document by establishing the country's identity as a sovereign republic and outlining the core values and principles that underpin its governance. It begins by declaring Kenya's sovereignty and stating that all sovereign power belongs to the people of Kenya, setting the foundation for a democratic system of government. This chapter emphasizes the principles of democracy, human rights, and the rule of law as the bedrock of the Kenyan nation. It also underscores the importance of social justice, inclusivity, equality, and the equitable sharing of national resources.
One of the key aspects of Chapter Two is its emphasis on the protection of Kenya's diversity. It recognizes the diverse cultures and communities that make up the nation and guarantees their right to exist and flourish. The chapter promotes respect for community diversity and encourages the development of cultural practices, as long as they do not violate the rights of others. It also underscores the importance of protecting and promoting the diverse indigenous languages of Kenya, recognizing their role in fostering national unity and cultural expression.
In addition to cultural diversity, Chapter Two addresses land and environment, recognizing their central role in the lives of Kenyans. It outlines principles for equitable access to land, its management, and the sustainable utilization of natural resources. The chapter also emphasizes environmental conservation and the responsibility of the state and citizens to protect the environment for future generations. This includes the promotion of sustainable development and the prudent use of natural resources to ensure ecological sustainability.
Another critical aspect of Chapter Two is its focus on economic and social goals. It outlines the principles of Kenya's economic policy, emphasizing social justice and the equitable distribution of wealth. The chapter promotes a mixed-market economy, recognizing the roles of public, private, and cooperative sectors in the country's economic development. It also emphasizes the importance of addressing regional imbalances, promoting equitable development across the country, and ensuring that marginalized groups have access to resources and opportunities.
Furthermore, Chapter Two underscores the importance of good governance, integrity, and leadership. It sets out principles for transparent, accountable, and responsive governance, emphasizing the need for integrity, professionalism, and ethical conduct in public service. The chapter also addresses leadership and integrity, promoting ethical leadership and requiring public officers to abide by the leadership and integrity codes established by law. This includes mechanisms for ensuring accountability and addressing misconduct.
Southerners, Slavery, and the Constitution: Who Broke What?
You may want to see also
Explore related products
$30.54 $45.99
Chapter Three: Citizenship
The current Kenyan Constitution, promulgated in August 2010, consists of 18 chapters and 264 articles. Chapter Three of the Constitution is dedicated to Citizenship and outlines the rights, privileges, and benefits of Kenyan citizens.
Entitlements of Citizens
Article 12 of Chapter Three outlines the entitlements of Kenyan citizens. Every citizen is entitled to the rights, privileges, and benefits of citizenship, as well as a Kenyan passport and any other registration or identification documents issued by the State. These entitlements are subject to the limits provided or permitted by the Constitution. The article also specifies that passports or other documents may be denied, suspended, or confiscated in accordance with an Act of Parliament that satisfies the criteria mentioned in Article 24.
Retention and Acquisition of Citizenship
Article 13 addresses the retention and acquisition of citizenship. It states that individuals who were citizens before the effective date retain their citizenship status. Citizenship can be acquired by birth or registration. It is important to note that citizenship is not affected by marriage or its dissolution. A person is considered a citizen by birth if either their mother or father is a citizen, regardless of their place of birth.
Citizenship by Birth and Registration
Articles 14 and 15 of Chapter Three focus on citizenship by birth and registration, respectively. Citizenship by birth is conferred if either parent is a Kenyan citizen at the time of the child's birth. Citizenship by registration is a process by which individuals can apply for citizenship.
Dual Citizenship and Revocation
Articles 16 and 17 cover dual citizenship and revocation of citizenship. Kenyans who acquire foreign citizenship can retain their Kenyan citizenship, ending gender discrimination in this regard. The conditions under which Kenyan citizenship can be revoked are outlined, including cases of fraud, false representation, or concealment of material facts.
Legislation on Citizenship
Article 18 of Chapter Three addresses the legislation surrounding citizenship. It empowers Parliament to enact laws related to citizenship, including establishing conditions for granting citizenship to citizens of other countries.
US Constitution Statues: TrackID SP-006 Explained
You may want to see also
Chapter Four: The Bill of Rights
The current Kenyan Constitution, which was promulgated in August 2010, consists of 18 chapters and 264 articles. Chapter Four of the Constitution is titled "The Bill of Rights" and comprises the following articles:
Part 1: General Provisions Relating to the Bill of Rights
- Article 19: Rights and fundamental freedoms
- Article 20: Application of Bill of Rights
- Article 21: Implementation of rights and fundamental freedoms
- Article 22: Enforcement of Bill of Rights
- Article 23: Authority of courts to uphold and enforce the Bill of Rights
- Article 24: Limitation of rights and fundamental freedoms
- Article 25: Fundamental Rights and freedoms that may not be limited
The Bill of Rights in the Kenyan Constitution is an advanced piece of legislation that recognises the socio-economic rights of Kenyan citizens. It guarantees a wide range of rights and freedoms, including those related to socio-economic issues, and provides a framework for their enforcement and protection.
The Kenyan Constitution, as the supreme law of the Republic of Kenya, has brought about significant changes in the governance of the country. One of the key changes is the decentralisation of power through devolution, shifting decision-making power closer to the people. This devolution system maintains a unitary political concept, with a distribution of functions between the national and county government levels.
Memorizing the Constitution: A Lawyer's Duty?
You may want to see also
Frequently asked questions
The Kenyan Constitution has 18 chapters and 264 articles.
The current Kenyan Constitution was approved by 67% of Kenyan voters and promulgated on 27 August 2010.
Some of the key changes proposed by the new Kenyan Constitution include:
- Separation of powers between the executive, legislature, and judiciary.
- The removal of the age limit of 35 years to run for president.
- An advanced Bill of Rights that recognises the socio-economic rights of Kenyan citizens.
- Devolution to county governments, maintaining a unitary political concept.
![Mishima: A Life in Four Chapters (The Criterion Collection) [Blu-ray]](https://m.media-amazon.com/images/I/71I7nXei2rL._AC_UY218_.jpg)
![Resident Evil: The Final Chapter [DVD]](https://m.media-amazon.com/images/I/A11olNIchDL._AC_UY218_.jpg)
