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. National values and principles of governance kenya. The limits of amendments or corrections of the constitution. Implementation of article 43 of the constitution of kenya on. The constitution of kenya, at article 260, defines land as. Officials mean all elected, coopted or appointed members of the various bodies and committees of the federation as well as coaches, trainers and all persons responsible for technical, medical and administrative matters in the federation, branches, clubs and leagues which are affiliates andor member organizations of the federation. 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. Article 90 of the constitution, sections 3437 of the elections act, 2011 as amended by the elections amendment no. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, 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 voidprovided that the provisions of this section as.
This article asks what kenya s 2017 general elections tell us about the capacity of a new constitution to reduce the stakes of political competition and prospects of political instability. When kenya gained independence from british colonial rule in 1963 it. Chapter eightthe legislature part 1establishment and role of parliament 93establishment of parliament. Published by the national council for law reporting with the authority of the attorney general. The constitution of kenya, 2010 article 47 1 recognises the entitlement of every citizen to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Background facts to the case the petitioner filed an appeal on 5 march 2018 against a demand by the kra for short levied duties on imported rice. All citizens, organs of state, political organizations, other associations as well. Nov 11, 2018 12 for the purposes of this article, population quota means the number obtained by dividing the number of inhabitants of kenya by the number of constituencies or wards, as applicable, into which kenya is divided under this article. Honouring those who heroically struggled to bring freedom and justice to our land.
Any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid. Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. County governments were established in 47 counties largely based on the 1992 districts of kenya, after the scheduled general elections in march 20. Implementation of article 43 of the constitution of kenya. Parliament that satisfies the criteria referred to in article 24.
Since then, a number of amendments have been made therein and it has become necessary and expedient that an uptodate and authentic version of the constitution be published by the assembly. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Constitution of the federal democratic republic of ethiopia home basic information general information the house of peoples representatives the house of the federation current developments chapter two fundamental principles of the constitution article 8 sovereignty of the people 1. The constitution of the republic of kenya, 1963 as amended. Political parties act, 2011 and any other relevant law as well as the party constitution and the party nomination rules. The interim constitution paved the way for the 1996 constitution it too contained rights to administrative justice, with lots of resemblance to article 47 of the kenyan constitution. The constitution of kenya is the supreme law of the republic of kenya. Constitution of the federal democratic republic of ethiopia. Republic reference under article 22 of the constitution of kenya 2010. Under the new constitution, kenya is now divided into 47 counties for administrative purposes. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Duty of the state to raise the level of nutrition and the standard of living and to improve public health the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular. The people of kenya negotiated for basic needs to be entrenched in the constitution. The basis of and the supremacy of the constitution.
Constitutional lawinterpretation of the constitution considerations that the court would make when interpreting the constitution the import of article 531f of the constitution in situations where a child offender was being sentenced constitution of kenya 2010, article 531f. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. Constitution of kenya 2010 constitution of the republic of south africa 1996 list of statutes kenya division of revenue bill national assembly powers and privileges act, cap 6 of the laws of kenya county government act, no. This was a battle led by civil society organisation and groups as well as ordinary kenyans as they presented their views to the ghai commission. Subject to the provisions of sub articles 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. Constitution will come into effect in the manner determined by statutes and institutional acts necessary for their application by virtue of the article 46 of the constitutional act no. Constitutional protection of intellectual property in kenya. This text of the constitution is a copy of the text enrolled on november, 2019 pursuant to article 25. Constitution of the federal democratic republic of ethiopia home basic information general information the house of peoples representatives the house of the federation current developments chapter two fundamental principles of the constitution article 8. Enacted by the parliament of kenya, as follows part i preliminary short title 1. Article 47 1 every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. The 2nd interested party is the attorneygeneral of the republic of kenya, an office created under article 156 of the constitution, enjoined contemporaneously with the 1st interested party. Kenyas constitution in a global context international.
Transfer of functions and powers between levels of. This article applies to goods and services offered by public entities or private persons. Their collective effort gave birth to article 43 of the bill of rights. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and kenya s fair administrative action act 4 of 2015. No person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign. Its spirit however prohibits discrimination against illiterate innovators.
The pre2010 constitution of kenya did not capture concerns on innovation and ip. Cypruss constitution of 1960 with amendments through 20. The 2010 edition replaced the 1963 independence constitution. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this.
This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the cooperative republic of guyana. Hon francis mwangangi, a member of depatmental committee on lands facilitating a. Hidalgo investments is an investment company with diverse interests in the fields of finance, government tenders, business consultancy and corporate image consultancy and legal research, and was incorporated in 2008 under the laws of kenya, cap 486. The constitution enya kenya film classification board.
The present sixth edition of the constitution is distinctive as it. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The role and responsibilities of commissioners article 9. This act may be cited as the county governments act, 2012 and shall come into operation upon the final announcement of the results of the first elections under the constitution. Respective functions and powers of national and county governments 1 except as otherwise provided by this constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the fourth schedule. Any law, customary practice or a decision of an organ of state or a public official which contravenes this constitution shall be of no effect. Kenyas 2010 constitution uct faculty of health sciences. A 2010 audit by the kenya national audit office revealed that a wrong import duty rate in the kras customs.
Constitution of kenya, 2010 5 part 3political parties 91basic requirements for political parties. The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenya s fortyseven county governments. The constitution of the republic of kenya, 1963 as. 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. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The wording of article 47 of kenya s constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Kenya s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963.
Allocation of party list seats 1 elections for the seats in parliament provided for under articles 971c and 981b, c and d, and for the members of county assemblies under article 1771b and c, shall be on the basis of proportional representation by use of party lists. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Kenyan constitution, chapter eleven, part 3, article 186 to 187. The counties names are set out in the first schedule of the constitution of kenya. What to know about property laws in kenya buyrentkenya. 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.
This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, 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. Constitution of kenya, 2010 const2010 c35 47 issue 1 90. For instance, article 47 talks about administrative action being lawful, procedurally fair, expeditious, etc. Home constitution article 47 of the constitution of kenya article 47 of the constitution of kenya admin august 02, 2018.
Mar 07, 2018 article 47 1 every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Constitution of kenya 2010 wikisource, the free online. In that constitution, sections 70 and 75 capturing the bill of rights provided substantive property guarantees limited to real property as opposed to technological innovations, cultural innovations and ip. Previously, this blogger discussed here the tobacco control regulations 2014 made by the cabinet secretary for health published under legal notice no.
Laws of kenya the public order act chapter 56 revised edition 2009 2003 published by the national council for law reporting with the authority of the attorney general. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Removal from office kenya law reform commission klrc. Namibian constitution gg 2 the namibian constitution was published and came into force on the date of independence.
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. Devolution is one of the most transformative changes to kenyas governance system brought about by the constitution of kenya, 2010. British subject under article 2 of that act shall by virtue of that status have. Article 174 of the constitution provides that one of the key objectives of devolution is to promote social and economic development and provide proximate, easily accessible services throughout kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. Fair administrative action 1 every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. Soko directory was formed in 2008 by hidalgo investments ltd. Fair administrative action kenya law reform commission. Kenya red cross society constitution kenya red cross society constitution as approved by the national council on the 29th may 2015 07 chapter one general provisions article 1 general provision the kenya red cross society was established on 21st december, 1965 by the kenya red cross society act the act.
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