Omar Bennett
The Kenyan Constitution is the supreme law of Kenya, outlining the rights and responsibilities of its citizens and the structure and functions of the government. The current version, enacted in 2010, is the result of a lengthy reform process and introduces significant changes, including the creation of a more powerful governor position for each of Kenya's 47 counties and the establishment of a devolved system of government. This version replaced the previous constitution, which had been in place since Kenya's independence in 1963 and underwent amendments in 1969. With its progressive nature, the 2010 Kenyan Constitution is a comprehensive document, but the question remains: how many pages does it encompass?
| Characteristics | Values |
|---|---|
| Current Constitution Enacted | 2010 |
| Previous Constitution | 1963 |
| Official Languages of Parliament | Kiswahili, English and Kenyan Sign Language |
| Number of Senators | 60 |
| Number of MPs | 347 |
| Minimum Number of Women MPs | 47 |
| Number of Counties | 47 |
| Number of County Governors | 47 |
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What You'll Learn
The Kenyan constitution's history and changes
The Kenyan Constitution, which came into force in 2010, is the supreme law of the land and sets out the fundamental rights and freedoms of Kenyan citizens. It also establishes the structure and functions of the government, including the separation of powers between the executive, legislative, and judicial branches. The current constitution replaced the previous one, which had been in place since Kenya's independence in 1963.
The road to the 2010 Constitution was long and arduous, marked by several significant attempts at constitutional reform. In 2005, a draft constitution was rejected by Kenyans in a referendum, which meant that the 1963 constitution remained the basic law. However, the process of constitutional reform continued, and in 2009, the Committee of Experts (CoE) released a new draft constitution for public commentary. After a 30-day period, the CoE revised the draft in light of the public's views and submitted it to the Parliamentary Select Committee (PSC) for further deliberation. The PSC returned the draft to the CoE with proposed changes, and the final version was presented to the Attorney General on 7 April 2010. It was officially published on 6 May 2010 and was approved by 67% of Kenyan voters in a referendum held on 4 August 2010.
The 2010 Constitution introduced many significant changes, including the creation of a powerful position of governor for each of Kenya's 47 counties and the establishment of a devolved system of government with two levels: national and county. It also strengthened the protection of human rights, particularly for women and children, and introduced measures to promote gender equality in elected bodies. Other key changes included the removal of the age limit of 35 years to run for president, allowing any adult to run for office, and the establishment of an independent ethics commission to monitor integrity in all government institutions.
Overall, the Kenyan Constitution is considered one of the most progressive and forward-thinking in Africa. It is a comprehensive document that not only outlines the rights and responsibilities of citizens but also provides a framework for good governance, democracy, and the rule of law in Kenya.
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Rights and freedoms of citizens
The Kenyan Constitution, the supreme law of the Republic of Kenya, was enacted in 2010. It outlines the rights and responsibilities of the government and its citizens. The constitution is a progressive document that strengthens the protection of human rights and introduces measures to promote gender equality.
The Kenyan Constitution affirms the sovereignty of its citizens and their inalienable rights to life, liberty, and the pursuit of happiness. It establishes fundamental rights and freedoms, including equality before the law, freedom of expression, and the right to a fair trial. It also recognises socio-economic rights and the right to culture, promoting national cultural expression through literature, the arts, traditional celebrations, and other forms of cultural heritage. The constitution ensures that communities receive compensation for the use of their cultural heritage and protects the intellectual property rights of Kenyan citizens.
The constitution guarantees the right to a Kenyan passport and citizenship, with provisions for acquiring and regaining citizenship. It removes the previous age limit of 35 years to run for president, now only requiring candidates to be of adult age. It also establishes the right to recall legislators and ensures gender equity in elective bodies, requiring that no single gender constitutes more than two-thirds of the members.
The Kenyan Constitution promotes good governance through the establishment of independent institutions like the judiciary, the electoral commission, and the office of the ombudsman, ensuring transparency and accountability in government functions. It also sets out the structure and functions of the government, including the separation of powers between the executive, legislative, and judicial branches, and the establishment of the office of the President as the head of state and government.
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Structure and functions of the government
The Kenyan Constitution, the supreme law of the Republic of Kenya, outlines the structure and functions of the government. It was promulgated on 27 August 2010, following a referendum in which 67% of Kenyan voters approved the new constitution. This constitution replaced the previous one that had been in place since Kenya's independence in 1963.
The Kenyan Constitution establishes a devolved system of government, with power delegated to 47 county governments. Each county has its own governor and county assembly, responsible for delivering public services and implementing policies within its jurisdiction. The constitution also establishes independent institutions such as the judiciary, the electoral commission, and the office of the ombudsman to ensure government accountability and transparency.
The constitution affirms the sovereignty of the Kenyan people and their inalienable rights to life, liberty, and the pursuit of happiness. It sets out fundamental rights and freedoms, including the right to equality before the law, freedom of expression, and the right to a fair trial. It also recognises culture as the foundation of the nation and promotes all forms of national and cultural expression. Additionally, it ensures the protection of human rights and promotes gender equality.
The Kenyan Constitution establishes the office of the President as the head of state and government. It outlines the powers and responsibilities of the President and other members of the executive branch. It also establishes the Parliament of Kenya, which consists of the National Assembly and the Senate, with each branch having its own powers and responsibilities. The constitution further provides for the separation of powers between the executive, legislative, and judicial branches of government.
The legislative branch is multicameral, including senators and members of the National Assembly. Senators are elected by the voters, with a tentative total number of 60 senators. The National Assembly includes directly elected members and a Women's Representative MP from each county, ensuring a minimum of 47 women MPs. The constitution also allows for the recall of legislators and requires gender equity in elective bodies, with no single gender constituting more than two-thirds of the members.
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Language and citizenship
The Kenyan Constitution, the supreme law of the Republic of Kenya, was approved by 67% of Kenyan voters in a referendum on 4 August 2010. It sets out the fundamental rights and freedoms of Kenyan citizens, as well as the structure and functions of the government. The constitution is a comprehensive document that outlines the rights and responsibilities of both the government and the Kenyan citizens.
The Kenyan Constitution recognises the right to culture, stating that culture is the foundation of the nation and the cumulative civilisation of the Kenyan people. It promotes all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries, and other cultural heritage. It also recognises the role of science and indigenous technologies in the nation's development and promotes the intellectual property rights of Kenyans.
The Constitution further establishes the official languages of Parliament as Kiswahili, English, and Kenyan Sign Language. It allows for the business of Parliament to be conducted in any of these three languages and specifies that, in the case of a conflict between different language versions of an Act of Parliament, the version signed by the President shall take precedence.
Regarding citizenship, the Kenyan Constitution outlines the rights, privileges, and benefits associated with it. It specifies that citizenship may be acquired by birth or registration and is not affected by marriage or its dissolution. A person is considered a citizen by birth if either of their parents is a citizen, regardless of their place of birth. The Constitution also addresses the situation of former citizens, stating that those who ceased to be Kenyan citizens due to acquiring the citizenship of another country are entitled to regain Kenyan citizenship upon application.
The Kenyan Constitution's comprehensive provisions on language and citizenship reflect its commitment to cultural preservation, democratic values, and the protection of the rights and interests of its citizens.
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Equality and gender balance
The Kenyan Constitution, enacted in 2010, is the supreme law of Kenya. It outlines the fundamental rights and freedoms of Kenyan citizens, as well as the structure and functions of the government. One of its key objectives is to promote equality and gender balance.
The Constitution recognises the aspirations of all Kenyans for a government based on human rights, equality, freedom, democracy, social justice, and the rule of law. It establishes the principle of equality before the law and prohibits discrimination on various grounds, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language, or birth. The Constitution also mandates that political parties promote and uphold gender equality and equity.
To promote gender balance in political representation, the Constitution stipulates that not more than two-thirds of the members of elective public bodies shall be of the same gender. This provision ensures that both men and women have a voice in decision-making processes. Additionally, the Constitution grants citizenship rights equally to children born to either Kenyan mothers or fathers, regardless of whether they were born in Kenya or abroad.
While the Kenyan Constitution provides a strong framework for equality and gender balance, the implementation of these principles remains a challenge. Despite the Constitution's intentions to empower marginalised groups, women in Kenya continue to face significant disadvantages. For example, women running for office have faced violence, kidnappings, and sexual harassment, creating an unconducive environment for their participation in politics.
To address these issues, some have advocated for greater representation of women in public life and decision-making positions. Others have proposed adopting gender-responsive budgeting practices, where the government considers the differential impacts of policies on women and marginalised communities. By learning from the examples of countries like Rwanda and South Africa, Kenya can work towards fulfilling the promises of its Constitution and achieving true gender equality.
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