Article 21 of the constitution of kenya pdf

Parliament that satisfies the criteria referred to in article 24. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. A constitutional referendum was held in kenya on 21 november 2005. Sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the constitution. Subject to the provisions of subarticles 7 and 9 of article 47 and of article 66 of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Article 4 members of the united nations may become members of the organization by signing or otherwise accepting this constitution in accordance with the provisions of chapter xix and in accordance with their constitutional processes. Although many government officials, including president mwai kibaki, had campaigned for a yes vote, the proposed new constitution was rejected by 58% of voters. The 2010 edition replaced the 1963 independence constitution. Ghai, yash pa l and cottrell ghai, jill, kenyas co. The constitution of the republic of kenya, 1963 as. The court noted that the creation of article 257a in the constitution, now article 258 in the 2000 revised edition, was inconsistent with article 88 of the constitution, which provides for the quorum of parliament when voting on any question. Constitution of kenya submitted to the referendum on 21st november. The requirements for the attribution, acquisition, loss and reacquisition of nationality are determined by the constitution and regulated by law. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1.

As already noted, the bill of rights is comprehensive and richly. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. Cypruss constitution of 1960 with amendments through 20. Article 25 the legislative power shall be vested in the national assembly and the king. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and. Human rights in kenya internationally maintain a variety of mixed opinions. Ghanas constitution of 1992 with amendments through 1996. Mozambican nationality may be by origin or it may be acquired. The constitution enya kenya film classification board. The provisions of section 21 shall not relieve the committee of experts of. The annex contains the key provisions considered in this commentary.

The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter. Article 3 membership in the organization shall be open to all states. The national values and principles of governance in this article bind all state organs, state officers. Article 24 i the nation is the source of all powers. Article 4 members of the united nations may become members of the organization by signing or otherwise accepting this constitution in accordance with the provisions of chapter xix and in accordance. Equality and freedom from discrimination kenya law. Implementation of rights and fundamental freedoms kenya. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. Compare with article 24 of the constitution of kenya, 2010. An act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution 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.

This paper explores the potential of traditional justice systems under the constitution. Committee on the elimination of discrimination against women, general. Part iii considers the legal framework on the regulation of hate speech in kenya, including the the proposed constitution of 6 may 2010. This constitution is the constitution of the republic of kenya and shall have the force of law. Constitution of kenya 2010 wikisource, the free online. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament. The second amendment is the constitution amendment act, 2005. 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. Implementation of rights and fundamental freedoms kenya law. Constitution of the italian republic fundamental principles art. The constitution of the hashemite kingdom of jordan.

It established a parliamentary system with executive powers vested in a cabinet. Kenyas new constitution article pdf available in journal of democracy 222. Kenyas constitution in a global context international. Nov 11, 2018 1 executive authority derives from the people of kenya and shall be exercised in accordance with this constitution. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. This analysis shows that, in various ways, kenyas existing laws on the regulation of hate speech go beyond what is required. Kenya country constitutional profile constitutionnet. We are drafting a constitution that prevents any corruption or tyranny and by which we heal the wounds of the past, from the days of the old eloquent peasant to the victims of negligence and the martyrs of the revolution in our present time, and relieve our people who have for long been suffering injustice. Constitution of kenya submitted to the referendum on 21. The constitution of the republic of kenya, 1963 as amended. Ghai, yash pa l and cottrell ghai, jill, kenya s co. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. What are the combined effects of these provisions on the constitutional.

Cypruss constitution of 1960 with amendments through 20 subsequently amended. 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. Under article 127 of the children act, any person who has parental responsibility or custody of a child and who abandons the child commits an offense and is liable to a fine up to two hundred thousand. A portion of article i, section 2, was changed by the 14th amendment. Article 21 of indian constitution a mandate to pollution. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The 1963 constitution, which was negotiated between the british government and representatives of kenyas political parties, marked the end of colonial rule and transformed the colony into a dominion. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. The national assembly shall consist of a senate and a chamber of deputies. 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. Commentary on the regulation of hate speech in kenya. This act may be cited as the constitution of kenya, 2010 amendment act, 2015.

Chapter 5 also makes detailed provisions for the protection of the environment. Kenya the constitution article 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 origin or residence or other local connection, political opinions, color, creed or sex, but subject to respect for the. The constitution of kenya 20101 assigns health policy and all criminal law to the national government. Parliament that satisfies the criteria mentioned in article 24. The public seal of kenya shall be such device as may be prescribed by or under an. The constitution of kenya is the supreme law of the republic of kenya. Enacted by the parliament of kenya as follows short title.