The petitioners also alleged that kibichos decision to disband the dra, an institution established by an act of parliament, was beyond his legal authority. Under article 79 of the constitution before the amendment, the. The pre2010 constitution of kenya did not capture concerns on innovation and ip. Constitution of the federal democratic republic of ethiopia. The people of kenya negotiated for basic needs to be entrenched in the constitution. The republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Article 45 familiy article 46 consumer rights article 47 fair administrative action. Defence of this constitution 1 every person has an obligation to respect, uphold and defend this constitution. The constitution of kenya is the supreme law of the republic of kenya. May 03, 2016 article 47 of the constitution gives direction that the state should protect health and nutrition of its citizen and strive to achieve total prohibition, he said, to justify his governments april 5 decision to put a complete ban on alcohol, country, spiced and indian made foreign liquor imfl.
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. Soko directory was formed in 2008 by hidalgo investments ltd. 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. 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. Constitution of kenya 2010 wikisource, the free online. Article 1 establishment of the republic of namibia and identification of its territory article 2 national symbols. Enacted by the parliament of kenya, as follows part i preliminary short title 1. The new constitution was approved by 67% of kenyan voters and promulgated on 27 august 2010.
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. One of the remarkable features of the constitution of kenya, 2010 is its explicit recognition in article 47 of the right to fair administrative action as a fundamental right in the bill of rights and the replacement of parliamentary sovereignty with constitutional supremacy. This constitution is the supreme law of the republic. 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.
Their collective effort gave birth to article 43 of the bill of rights. Lets have more nuanced debate on kenyas proposed constitution. 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. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was. Kenya constitution, index page document table of contents. Prohibition in conformity with article 47 of constitution. 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. Article 5 implementation of this constitution article 6 powers of the nastional assembly prior to the election of a national council article 7 elections of. Constitution of malta wikisource, the free online library. 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 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. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963.
Pdf the kenyan constitution, with discussion of the constitutionmaking. Article 46 composition article 47 disqualification. Kenyan constitution, chapter eleven, part 3, article 186 to 187. Katiba institute constitution as an instrument of change. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. Kenyan constitution, chapter eleven, part 3, article 186. The basis of and the supremacy of the constitution. A highly accessible, easy to use app version of the constitution of kenya the supreme law of the republic of kenya. Revised harmonized draft constitution of kenya comprising. Jan 09, 2011 the pre2010 constitution of kenya did not capture concerns on innovation and ip.
All citizens, organs of state, political organizations, other associations as well. Kenyas constitution in a global context international. Among other things, this article revises paragraph 1 of article 70 of the constitution by renaming the npc law committee as npc constitution and law committee. Fair administrative action 1 every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. This text of the constitution is a copy of the text enrolled on november, 2019 pursuant to article 25. Previously, this blogger discussed here the tobacco control regulations 2014 made by the cabinet secretary for health published under legal notice no.
Klrc has an additional mandate of preparing new legislation to give effect to the constitution. 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. Any attempt to establish a government otherwise than in compliance with this constitution is unlawful. This article applies to goods and services offered by public entities or private persons. 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. Siobhan mccarthy for human rights in ireland, part of the guardian legal network. This bill may be cited as the punguza mizigo constitution of kenya amendment bill, 2019. 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. 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. This article repeals the term limits for the president and vice president of the prc.
The principal objective of ki is to achieve social transformation through the constitution. Enacted by the county assemblies and the parliament of kenya, as follows short title. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Overview countries keys persons organizations links download synonyms. Fair administrative action details chapter four the bill of rights part 2. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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.
Home constitution article 47 of the constitution of kenya article 47 of the constitution of kenya admin august 02, 2018. Adopt, enact and give this constitution to ourselves and to our future generations. The limits of amendments or corrections of the constitution. The politics of kenya take place in a framework of a presidential representative democratic republic, whereby the president of kenya is both head of state and head of government, and of a multiparty system in accordance with a new constitution passed in 2010 executive power is exercised by the executive branch of government, headed by the president, who chairs the. The 2010 edition replaced the 1963 independence constitution.
The constitution of the republic of kenya, 1963 as amended. Article 1 sovereignty of the people article 2 supremacy of this constitution article 3. Article 7 national, official and other languages 1 the. This complete constitution has been generated from excerpts of texts from the repository of the. Parliament that satisfies the criteria mentioned in article 24. A bill to amend the constitution of kenya pursuant to the popular initiative under article 257 of the constitution of kenya 2010. The constitution of the republic of kenya, 1963 as. Right to recall legislatorssenators and members of the national. Published by the national council for law reporting with the authority of the attorney general. 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.
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. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Article 47 of the constitution gives direction that the state should protect health and nutrition of its citizen and strive to achieve total prohibition, he said, to justify his governments april 5 decision to put a complete ban on alcohol, country, spiced and indian made foreign liquor imfl. 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.
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. 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 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. Chapter ii declaration of principles right to work. Article 59 kenya national human rights and equality commission. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenyas fortyseven county governments. When kenya gained independence from british colonial rule in 1963 it introduced. Fair administrative action kenya law reform commission. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution. 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. 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. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies.
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