Isabella Carter
Kenya's most recent constitution was approved by 67% of Kenyan voters in a referendum on 4 August 2010. The new constitution was promulgated on 27 August 2010. This was the third significant version of the constitution, with the previous two being in 1963 and 1969. The 2010 constitution introduced several key changes, including an advanced Bill of Rights, the removal of the age limit of 35 years for presidential candidates, and the end of gender discrimination in relation to citizenship.
| Characteristics | Values |
|---|---|
| Year of new constitution | 2010 |
| Previous constitution | 1969 |
| Referendum date | 4 August 2010 |
| Referendum result | Approved by 67% of voters |
| Date promulgated | 27 August 2010 |
| Key changes | Separation of powers, citizenship, devolution, judiciary, legislature, executive |
| Citizenship changes | Ended gender discrimination, allowed dual citizenship, changed qualifications for office |
| Devolution changes | Two levels of government: national and counties |
| Judiciary changes | Qualifications to hold office and appointment |
| Legislature changes | Introduction of an upper house (Senate) |
| Executive changes | Removal of age limit of 35 years to run for president |
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What You'll Learn
The 2010 Constitution
Kenya's 2010 Constitution is the most recent version of the country's fundamental law. It was promulgated on 27 August 2010 after being approved by 67% of Kenyan voters in a referendum held on 4 August 2010. The constitution-making process was driven by a desire to address institutional decay, economic and social breakdown, and agitation from reform movements. It also aimed to end the political crises of 2007-2008, which resulted in power-sharing between President Mwai Kibaki and opposition leader Raila Odinga.
The Constitution of Kenya outlines the country's laws and principles of governance, with a strong focus on leadership and integrity. It emphasises the separation of powers between the executive, legislature, and judiciary, and introduces an upper house—the Senate. Devolution is also addressed, with only two levels of government recognised: national and county. The executive authority is derived from the people of Kenya and is to be exercised for their well-being and benefit.
Overall, the 2010 Constitution of Kenya represents a significant step towards institutional reform and the advancement of human rights in the country. It seeks to address past challenges and lay the foundation for a more stable, democratic, and inclusive future for the Republic of Kenya.
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Separation of Powers
In 2010, Kenya got a new constitution, which was approved by 67% of Kenyan voters in a referendum held on 4 August 2010. The new constitution brought about significant changes, one of which was the separation of powers between the three arms of the Kenyan government: the executive, the legislature, and the judiciary.
The Executive
The executive branch is headed by the President, who is the Commander-in-Chief of the Kenya Defence Forces and the chairperson of the National Security Council. The President derives their executive authority from the people of Kenya and exercises it in accordance with the Constitution and for their wellbeing and benefit. The national executive also includes the Deputy President and the rest of the Cabinet, reflecting the regional and ethnic diversity of the country.
The Legislature
The legislature in Kenya consists of two houses: the National Assembly and the Senate. The number of constituencies for the election of members to the National Assembly is set at 290, with the Independent Electoral and Boundaries Commission reviewing constituency names and boundaries periodically to ensure equal representation.
The Judiciary
The judiciary is responsible for interpreting the Constitution and applying the law. The 2010 Constitution introduced qualifications for holding office and appointment within the judiciary.
The separation of powers between these three branches of government aimed to establish a system of checks and balances, ensuring that no single branch holds excessive power and providing a framework for democratic governance in Kenya.
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Citizenship changes
Kenya's new constitution, approved by 67% of voters in a referendum on 4 August 2010, introduced significant changes to the country's citizenship laws. The constitution was promulgated on 27 August 2010. Here is a detailed breakdown of the key citizenship changes:
Ending Gender Discrimination
One of the most notable reforms addressed gender discrimination in relation to the right of a woman to pass on citizenship to her children or spouse. The new constitution ended this discrimination, ensuring that women have equal rights to men regarding the transmission of citizenship within their families.
Dual Citizenship
The 2010 constitution also brought an end to the prohibition on dual citizenship. Kenyans who acquire foreign citizenship can now retain their Kenyan citizenship, fostering a sense of connection with the Kenyan diaspora. This change reflects a modern understanding of global citizenship and the fluid nature of identity in a diverse and interconnected world.
Restrictions on Revoking Citizenship
The new constitution restricted the grounds on which citizenship could be taken away. This amendment ensures that Kenyan citizens are protected from arbitrary revocation of their citizenship, providing a stronger sense of security and belonging.
Citizenship by Birth
The constitution clarified that a person is considered a citizen by birth if either of their parents is a Kenyan citizen, regardless of whether they were born in Kenya or not. This provision ensures that children with Kenyan heritage, born anywhere in the world, have a clear path to citizenship and are recognised as part of the Kenyan community.
Citizenship by Marriage
The new laws also addressed citizenship by marriage. According to the constitution, a person who has been married to a Kenyan citizen for at least seven years is entitled to apply for citizenship. This provision recognises the importance of family unity and the contribution of foreign spouses to Kenyan society.
Citizenship by Residence
In addition, the constitution provided a pathway to citizenship for long-term residents of Kenya. Individuals who have been lawfully residing in the country for a continuous period of at least seven years and meet the prescribed conditions can apply to become Kenyan citizens. This provision acknowledges the commitment and integration of individuals who have made Kenya their home.
These changes to Kenya's citizenship laws were a significant component of the broader constitutional reforms that sought to strengthen the rights of Kenyans, promote equality, and modernise the country's legal framework.
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Bill of Rights
Kenya's new constitution was approved in 2010, with 67% of voters in favour. The new constitution brought about several significant changes, including an advanced Bill of Rights.
The Bill of Rights
The Bill of Rights is outlined in Chapter Four of the 2010 Constitution of Kenya. It recognises the socio-economic rights of Kenyan citizens and makes important reforms regarding citizenship.
Firstly, it ends gender discrimination in relation to the right of a woman to pass on citizenship to her children or spouse. Previously, there was discrimination in this area, with only the father's citizenship being passed down to the child in some cases. Now, a person is a citizen by birth if either their mother or father is a citizen, regardless of whether they were born in Kenya. This reform also allows citizens to hold dual citizenship, and restricts the grounds on which citizenship may be revoked.
The Bill of Rights also introduces an upper house, the Senate, and outlines the qualifications required to hold office. It establishes the Independent Electoral and Boundaries Commission, which is responsible for conducting elections and registering citizens as voters. The Commission is also tasked with reviewing the names and boundaries of constituencies periodically to ensure equal representation.
Furthermore, the Bill of Rights addresses the issue of executive authority, stating that it derives from the people of Kenya and should be exercised for their wellbeing and benefit. It removes the age limit of 35 years for running for president, allowing adults of any age to run for office. It also outlines the structure of the national executive, which comprises the President, Deputy President, and Cabinet, reflecting the regional and ethnic diversity of Kenya.
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Executive authority
Kenya's new constitution, which was enabled in 2010, introduced significant changes to the country's executive authority. The constitution was presented to the Attorney General of Kenya on April 7, 2010, officially published on May 6, 2010, and was approved by 67% of Kenyan voters in a referendum held on August 4, 2010. It was then promulgated on August 27, 2010.
The new constitution outlines that executive authority derives from the people of Kenya and shall be exercised to serve their wellbeing and benefit. It is composed of the President, who is the Commander-in-Chief of the Kenya Defence Forces and the chairperson of the National Security Council, the Deputy President, and the rest of the Cabinet. The national executive is intended to reflect the regional and ethnic diversity of the country.
One notable change introduced by the 2010 Constitution was the removal of the age limit of 35 years to run for president. The new provision allows adults of any age to run for the presidency. Additionally, the constitution outlines that the President shall not hold any other state or public office and is required to address a special sitting of Parliament once every year.
The 2010 Constitution also introduced devolution, establishing two levels of government: National and County. While the Kenyan devolution system maintains a unitary political concept, it grants a degree of autonomy to county governments in implementing specific functions outlined in the Fourth Schedule. The President, however, has the power to suspend a county government under certain conditions, as per Article 192.
Furthermore, the new constitution addressed citizenship rights, ending gender discrimination in passing citizenship to children or spouses and allowing dual citizenship. It also established the Independent Electoral and Boundaries Commission to oversee elections and referendums, ensuring fair and transparent electoral processes.
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Frequently asked questions
2010.
The new constitution was approved by 67% of Kenyan voters in a referendum on 4 August 2010.
The new constitution made important reforms to the previous framework on citizenship, ending gender discrimination in relation to the right of a woman to pass citizenship to her children or spouse, ending the prohibition on dual citizenship, and restricting the grounds on which citizenship may be taken away. It also introduced an upper house, the Senate, and removed the age limit of 35 years to run for president.
