The majority feel high levels of wealth inequality 67% and corruption 51% undermine a core constitutional promise contained in the kenyan bill of rights. Security of the individual is enshrined in the constitution. The 2010 constitution of kenya and its interpretation. Rights in kenya s new constitutional order the bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies, 51.
Kenyas laws of succession and the bill of rights of the. The 2010 edition replaced the 1963 independence constitution. The bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. The bill of rights in the constitution of kenya 2010 is unique in a number of critical respects. Oct 16, 2020 the 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence 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 referendum on 4 august 2010. The constitution is amended by introducing a new article 93 4 and re numbering the current clause 4 to read clause 5 as follows. This is an interesting right equality and freedom from discrimination all people are equal before the law regardless of gender, race, health, religion, culture, ethnic or social origin, language.
Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Making the bill of rights operational kenya national. It promises to usher in an era of openness, transparency and accountability in kenya. Human rights as applied in the new kenyan constitution of 2010. Laws of kenya constitution of kenya, 2010 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Public participation in the legislative activities of parliament is a fundamental constitutional principle. Kenyan constitution, chapter four, article 19 to 23. International covenant on economic, social and cultural rights. This act shall apply to general elections following the coming into force of this act. The constitution of kenya is the supreme law of the republic of kenya. Kenya institutional reform in the new constitution of kenya. It is clear that a lot more still needs to be done by kenya to address the supply and demand side barriers in the delivery of essential health services in order to realize the goals of vision 2030 and the 2010 constitution.
Kenyas bill of rights and its implications on kenyas. The constitution of kenya, 2010 amendment bill, 2015 7 insertion of a new article 96 4. Only south africa, angola and uganda have access to information regimes. The preamble to the constitution of kenya, 2010 the constitution is instructive the kenyan people expressly acknowledge pride in their ethnic, cultural and religious diversity, and restate their determination to live in peace and unity. The published bill has very progressive provisions. Through this process, the government has identified several key social protection actions in the areas of social assistance, social security, and health insurance. The bill of rights in the constitution of kenya 2010 is a good example of this bid to. The republic of kenya shall be a multiparty democratic state. Though the kenyan constitution does not expressly provide for the freedom of information, section 79 of the constitution makes provision for the freedom of expression which includes among other things.
The kenyans endorsed a new constitution in a referendum on the 4. The draft constitution was subjected to a referendum on august 4, 2010. Kenyas new constitution benefits indigenous peoples. A new era in human rights promotion and protection in. The centrepiece of anticorruption and public integrity reform is chapter six of the constitution, the anticorruption and economic crimes act and the leadership. The constitution of kenya 2010 contains a comprehensive bill of rights. In a historic constitutional referendum on 4th august, 2010, sixtyeight percent of kenyans who. Kenya is a country diverse in race, culture, ethnicity and religion. The constitution of kenya 3 part 2 rights and fundamental freedoms 26right to life. The date of the first general elections under the constitution 2010 was interpretation debate. The 2010 constitution of kenya articulates a bill of rights that protects the basic rights of idps. Enacted by the parliament of kenya as follows short title. Freedom of information in kenya commonwealth human rights. At the inception a meeting held at the sarova panafric hotel in nairobi under the.
The rights outlined herein are anchored in the constitution of kenya 2010 and in particular articles 2,221,26, 1 2,46,531 c and 70. Chapter four the bill of rights kenya law reform commission. Mutunga, w the 2010 constitution of kenya and its interpretation. Enactment of the foi act will confirm kenya as a leading democracy in africa, and among the top five countries to have an foi law. Abstract the promulgation of the constitution of kenya 2010 marked a turning point in kenya s history. A strong commitment to the principles of equality and nondiscrimination is evident throughout the constitution of kenya 2010. Human rights have improved in kenya since 1948 65% and 2010 69% but half of kenyans do not believe that the law is applied equally.
Constitution of kenya, 2010 the constitution of kenya was to deal with a long legacy of impunity, institutional frailties and embedded corruption. This contains far reaching commitments to a wide range of rights and an ambitious vision of social equity and has the real potential to address historical injustices and grievances. This fact sheet is aimed at assisting in the preparation and understanding of public participation in the legislative process and in particular in the national assembly. Nov 11, 2018 1 the bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Third, the work examines the dangers of judicialization of 1 constitution of kenya 2010, articles 48, 1959, 10, 1 and 4. In the freedom of the world index for 2017, kenya held a rating of 4 for civil liberties and political freedoms, in which a scale of 1 most free to 7 least free is practised. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority.
The bill of rights clearly articulates the right for health including reproductive health. Article 59 4 of the constitution of kenya, 2010 mandates parliament to enact legislation to give full effects to the bill of rights and implementation of the functions of the kenya national human rights and equality commission. Kenya has been hailed for formulating some of the best laws with respect to the 2010 constitution with a premium being placed on the bill of rights. Constitution of kenya, 2010 3 part 2 rights and fundamental freedoms 26right to life. Bills parliament of kenya the kenyan parliament website. Discover lesson plans designed to bring the worlds constitutions into classrooms grades 5 and up.
The constitution of kenya amendment bill 2011 sought to change the election date set in the constitution of kenya 2010. Constitution of kenya, 2010 const2010 c3503 issue 1 constitution of kenya arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. Part 1general provisions relating to the bill of rights. Rights iccpr, the african charter on human rights and peoples rights and the african union convention governing the specific aspects of refugees. Since the promulgation of the kenyan constitution in 2010, escr are now constitutionally. Kenyas 2010 constitution faculty of health sciences university. Kenya s new constitution passed in 2010 recognizes the right of quality care resulting in the devolution of health service delivery to the subnational units called counties in 20. A comparative analysis on implementation of human rights. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
Particularly remarkable is the chapter on the bill of rights. It exhibits the following salient features it has an exhaustive catalogue of entitlements, contains the different genres of human rights. The constitution also established a national human rights and equality commission article 59 and provides that every person has the right to complain to the commission, alleging that a right or a fundamental freedom in the bill of rights has been denied, violated or infringed, or is threatened. Government of kenya initiated a wide consultative process to formulate a national social protection framework. This act may be cited as the constitution of kenya amendment act, 2018. Constitution of kenya 2010 wikisource, the free online. It is a protection of a fundamental human right, the right to dignity and a decent life nelson mandela 191820 the east african centre for human rights. A new era in human rights promotion and protection in kenya. Second, it seeks to establish the extent to which kenya s reconstructed judiciary has juridically implemented the judicialization framework of the constitution of kenya 2010. Aug 18, 2020 1 the bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. Constitution of kenya kenya law reform commission klrc.
In 2010 kenya created a new modern transformative2 constitution that replaced both the 1969 constitution and the past colonial constitution in 1963. This study interrogates the essence of the inclusion of bills of rights in constitutions using kenya as an example and traces the history of international bill of rights including its instruments. Human rights in kenya internationally maintain a variety of mixed opinions. It was drafted by the ministry of state for special programmes with the support of the protection working group on internal displacement pwgid.
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. The constitution of kenya, 2010 amendment bill, 2015 2 the constitution of kenya, 2010 amendment bill, 2015 a bill for an act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Bill of rights 1698 uk magna carta 1215 the great charter uk. A draft idp policy currently under consideration by the cabinet seeks to elaborate on these rights. The date had been so controversial that a faction of the grand coalition government even drafted a constitutional amendment. 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.
This was the culmination of almost five decades of struggles that sought to fundamentally transform kenya s economic, social, political, and cultural spheres. Read the countrys new constitution and compare it to the previous one here. Knchr kenya national commission on human rights kra kenya revenue authority krcs kenya red cross society mdas ministries, departments and agencies. On august 4th 2010, the people of kenya voted and passed a new constitution. The state shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. A bill for an act of parliament to amend the constitution of kenya. The 2010 constitution transformed kenya from a dualist to a monist state by providing that all treaties ratified by kenya would form part of the law of kenya. This study analyses kenya s bill of rights and to assess its implications on kenya s ability to apply the international bill of rights. Will kenyas 2010 constitution work for women and children.
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