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. Kenya 1963 present crisis phase december 12, 1963 september 8, 1971. A compendium on economic and social rights cases under the constitution of kenya, 2010 overcoming poverty is not a gesture of charity. 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. It was constituted into ten chapters covering issues ranging from citizenship, executive and legislative powers, the judicature and legislative procedure, etc. Now this constitution is adopted as the constitution of the football kenya federation. British kenya 1920 1963 precrisis phase july 23, 1920september 25, 1952. Published by the national council for law reporting with the authority of the attorney general.
The only one that ordinary citizens have had any role in making is the current one. The republic of kenya shall be a multiparty democratic state. The kenyans endorsed a new constitution in a referendum on the 4 th of august. Kenyas independence constitution of 1963 was, in the words of ghai and mcauslan, based on two.
This constitution is the constitution of the republic of kenya. 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. Introduction the kenyans endorsed a new constitution in a referendum on the 4th of august. 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. Between 1961 and 1963, negotiations were held at lancaster house, london. He served until 1968 when he was replaced by justice dennis farrel. The african union and kenyas constitution building process mugambi laibuta introduction since kenya s independence in 1963, the countrys constitution has been amended many times. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The twothirds gender rule in kenya catherine kaimenyi lecturer in business management chuka university p. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
Between 1961 and 1963, negotiations were held at lancaster house, london to develop a constitution for the country. Amendments in kenyas first constitution kenya monitor. The 2010 edition replaced the 1963 independence constitution. The historical journey of womens leadership in kenya. Adopt, enact and give this constitution to ourselves and to our future generations. Since 1963, there were no women in parliament for a long time. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The highlights of the evolution of kenyas constitution can be highlighted by the following events. The constitution is the supreme law of the republic and binds all persons and state organs at both levels of government and the defence of this constitution.
The draft harmonized kenya constitution appears to be here after twenty years of struggle. Jomo kenyatta became the prime minister, and queen elizabeth ii became the head of state of the commonwealth of kenya. The view is at best inaccurate since the conduct of our international affairs was hinged on some basic. Constitution of michigan of 1963 preamble preamble. Constitution of the united states no person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the united states, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The constitution of the republic of kenya, 1963 as amended. Today, the kenyan government circulated a copy of the constitution to kenyans at home and abroad. Okothogendo university of nairobi constitutional sytsems in anglophone africa have not had a happy history, especially during the last decade. Kenya election history 1963 20 1963 kenya election history 1963. Constitution of kenya chapter vi citizenship section 87 persons who become citizens on 12th december, 1963. 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. Under the constitution of kenya, the british monarch, queen elizabeth ii, was represented as head of state by a governorgeneral of kenya.
Customary law, to the extent it does not conflict with statutory law, is used as a guide in civil matters concerning persons of the same ethnic group. The republic of kenya the constitution says that kenya is. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. Wananchi are supposed to study the document and make further recommendations to the committee of experts coe. Kenya part of the british east africa protectorate was declared a british colony on july 23, 1920. 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. We will look at kenyas policynational interest within the east african region as well as her relations with uganda, kenyas most important trading partner. This act may be called the constitution fifteenth amendment act, 1963. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Since independence kenya has had no written foreign policy. 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.
This constitution is the constitution of the republic of kenya and shall have. History of constitution making in kenya iv foreword in august 2010 kenya successfully promulgated a new constitution. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was subjected to a. Post 2007 election violence and its impact on kenyas development. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history.
Almost without exception the independence documents have either ended up in military dustbins or have undergone change. Customary law, to the extent it does not conflict with statutory law, is used as a guide in. This is an open access article distributed under the terms of the creative. The constitution fifteenth amendment act, 1963 5th october, 1963. Kenyan constitution amendments thru time wild about africa. Jul, 2010 between the short period covering 1963 and 1991, the kenya constitution was amended several times. It was constituted into ten chapters covering issues. The constitution enya kenya film classification board. Timeline of kenyas constitutional history the following table outlines kenya s constitutional changes, preceding the current 2010 constitution. The constitution fifteenth amendment act, 1963 national. Kenya 1963 present crisis phase december 12, 1963september 8, 1971.
The constitution of kenya chapter 1 the republic of kenya 1. The constitution states taht all sovereign power belongs to the people of kenya. Kenya accepts compulsory icj jurisdiction with reservations. With britains union jack replaced by the black, red and green flag of the new states, political power in britains last east african colonial holding slipped from the grasp of its 55,759 whites and was taken up by its 8,365,942 africans, wrote the new york times. 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 african national union kanu freedom house 2012. Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution. The constitution of kenya is the supreme law of the republic of kenya. Emelda kinya legal advisor solidarity for advancement of womens agenda p. The african union and kenyas constitutionbuilding process. Click to view amendments of the constitution of kenya from 1963 to 2019 except for some material which is expressly stated to be under a specified creative commons license, the contents of this website are in the public domain and free from any restrictions. These amendments had the result of reinforcing and concentrating more political power under the control of the central government. Gender issues in the draft bill of the constitution of kenya. There were 27 amendments to kenyas first constitution, starting in 1964 to 2008.
Football kenya federation fkf is a society registered in kenya under the societies act cap 108 laws of. Eluid mathu became first african appointed to the legislative council legco 1952. This does not mean that kenya did not have a foreign policy at all. 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. The constitution of the republic of kenya, 1963 as. The preindependence elections these were the last elections in preindependent kenya and the key players were two political parties, kanu and kadu. Constitutional reform in kenya has been a major issue since kenya gained independence. When kenya gained independence from british colonial rule in 1963 it introduced its. Jomo kenyatta is installed as kenyas first prime minister. The kenya independence order in council 1963 1963 no. This is the constitution of kenya at independence in 1963. Kadu drew its support from smaller, less urbanized communities hence advocated majimboism regionalism as a means of protecting them. Institutional change is an uneven process, and what follows from the iterative layering of strategic action institutional change is a complex and uneven sequencing of. 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.
Here we will look at the role of regional economic organizations to kenyas development. Established the office of the vice president who would be appointed from the. Timeline of kenyas constitutional history the following table outlines kenyas constitutional changes, preceding the current 2010 constitution. The independence constitution of 1963 had been heavily mutilated by the time kenyans adopted a new constitution on august 27, 2010.
Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution of kenya written by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in june 2010. Kenya formally achieved its independence from the united kingdom on december 12, 1963. Click to view amendments of the constitution of kenya from 1963 to 2019 except for some material which is expressly stated to be under a specified creative commons license, the contents of this website are in the public domain and. Be it enacted by parliament in the fourteenth year of the republic of india as follows. In august 2010 kenya successfully promulgated a new constitution. The legal system is based on the 1963 constitution, the judicature act of 1967, and common law court precedent. The politics of constitutional change in kenya since independence, 1963 69 by h. Kenya constitution 1963 as amended to 2008 7 nolle prosequi. The politics of constitutional change in kenya since. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. 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. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Majorgeneral sir edward northey was appointed as the first governor of the british colony of kenya.
Kenyas 1963 independence constitution was based on the standard lancaster house template used for the former british colonies in africa, was subject to. 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. Section 89 of the operative constitution however provides that. Aug 31, 2016 the 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution.
There has been a misconception fuelled by our propensity to have policies in written form. Kenya constitution 1963 as amended to 2008 7 nolle. We, the people of the state of michigan, grateful to almighty god for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution.
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