These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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Provisions and Processes for Amending the Kenya Constitution: A Comprehensive ReviewCHAPTER SIXTEEN—AMENDMENT OF THIS CONSTITUTION
Overview;In CHAPTER SIXTEEN of the Kenya Constitution, 2010, the provisions and processes for amending the constitution are outlined. This chapter ensures that the constitution can be modified when necessary, while also maintaining the integrity and stability of the document.
The main provision is found in Article 255, which states that any proposed amendment to the Constitution must be enacted in accordance with either Article 256 or Article 257, and approved by a referendum if it relates to specific matters. These matters include the supremacy of the Constitution, the territory of Kenya, the sovereignty of the people, the national values and principles of governance, the term of office of the President, the independence of the Judiciary and the commissions and independent offices, the functions of Parliament, and the objects, principles, and structure of devolved government. Amendment by parliamentary initiative is outlined in Article 256. This provision states that a Bill to amend the Constitution can be introduced in either the National Assembly or the Senate. The Bill must be supported by a majority of the members of each House, and if it is approved, it is then submitted to the President for assent. Amendment by popular initiative is discussed in Article 257. This provision allows for an amendment to be initiated by the people. It can be initiated through a popular initiative signed by at least one million registered voters, or through a county assembly passing a resolution to initiate the amendment. The proposed amendment must then be supported by at least twenty percent of the registered voters in each of at least half of the counties. If these conditions are met, the amendment is submitted to the Independent Electoral and Boundaries Commission, which verifies the signatures and prepares the draft Bill. The Bill is then submitted to the county assemblies for approval, and if it is approved by a majority of the county assemblies, it proceeds to a referendum. In the referendum, the amendment must be supported by a simple majority of the citizens voting. These provisions and processes outlined in CHAPTER SIXTEEN of the Kenya Constitution, 2010 ensure that amendments to the constitution are carried out in a transparent and democratic manner. Whether through parliamentary initiative or popular initiative, the constitution can be modified to address the evolving needs and aspirations of the Kenyan people. Citation: The Kenya constitution, 2010 The Process for Amending the Kenya Constitution through Popular InitiativeAMENDMENT BY POPULAR INITIATIVE.
Explained;Amending the Kenya Constitution through popular initiative is a democratic and inclusive process that allows for citizen participation in shaping the country's governance. As per the provisions outlined in the Kenya Constitution of 2010, the process is as follows:
Firstly, a popular initiative for an amendment can be proposed by at least one million registered voters. This can be done by either submitting a formulated draft Bill or a general suggestion for an amendment. If a popular initiative is in the form of a general suggestion, the promoters are required to formulate it into a draft Bill. Once the draft Bill and the supporting signatures are collected, they must be delivered to the Independent Electoral and Boundaries Commission (IEBC). The IEBC verifies that the initiative is supported by at least one million registered voters. If the IEBC is satisfied with the initiative's compliance with the constitutional requirements, it submits the draft Bill to each county assembly for consideration within three months of receiving it. The county assemblies play a crucial role in the process. If a county assembly approves the draft Bill within the stipulated three-month period, the speaker of the county assembly then delivers a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, along with a certificate stating the county assembly's approval. Following this, if the draft Bill is approved by a majority of the county assemblies, it is introduced in Parliament without delay. To become law, the Bill must be passed by both Houses of Parliament, with the support of a majority of the members in each House. If Parliament passes the Bill, it is then submitted to the President for assent in accordance with Articles 256 (4) and (5) of the Constitution. However, if either House of Parliament fails to pass the Bill or if the Bill relates to a matter specified in Article 255 (1) of the Constitution, the proposed amendment is submitted to the people for a referendum. In case of a referendum, at least twenty percent of the registered voters in each of at least half of the counties must vote, and the amendment must be supported by a simple majority of the citizens voting in the referendum. The requirements of Article 255 (2) apply, with necessary modifications, to a referendum held under this circumstance. The process for amending the Kenya Constitution through popular initiative ensures that the voices and wishes of the people are taken into account. It emphasizes the importance of citizen participation and the democratic principles upon which the Constitution is founded. In conclusion, the process for amending the Kenya Constitution through popular initiative involves several steps, including the collection of one million signatures, verification by the Independent Electoral and Boundaries Commission, approval by county assemblies, consideration by Parliament, and, if necessary, a referendum. This process ensures that the Constitution remains a living document, responsive to the changing needs and aspirations of the Kenyan people. Citation: The Kenya constitution, 2010 The Process of Amending the Kenya Constitution through Parliamentary InitiativeAMENDMENT BY PARLIAMENTARY INITIATIVE.
EXPLAINED;In Kenya, the process of amending the constitution through parliamentary initiative is well-defined and requires adherence to specific procedures. According to Article 256 of the Kenya Constitution, a Bill to amend the constitution can be introduced in either House of Parliament. However, it is important to note that such a Bill may only address consequential amendments to legislation arising from its provisions and not any other matters.
The Bill must go through a series of readings in each House of Parliament. It cannot be called for a second reading within ninety days after the first reading in that House. Furthermore, for the Bill to be considered passed by Parliament, it must receive the support of at least two-thirds of all the members of each House of Parliament in both the second and third readings, as stated in Article 256(1)(d). To ensure transparency and public participation, Parliament is required to publicize any Bill to amend the constitution and facilitate public discussion about it, as outlined in Article 256(2). This allows citizens to engage in the process and voice their opinions regarding the proposed amendments. Once Parliament passes the Bill to amend the constitution, the Speakers of the two Houses of Parliament jointly submit the Bill and a certificate confirming its passage to the President, as stipulated in Article 256(3)(a) and (b). The President, subject to certain conditions, is expected to assent to the Bill and cause it to be published within thirty days after its enactment by Parliament, as mentioned in Article 256(4). However, if the Bill proposes an amendment relating to matters specified in Article 255(1) of the Kenya Constitution, such as the territory of Kenya, the sovereignty of the people, or the supremacy of the constitution, an additional step is required. The President, before assenting to the Bill, must request the Independent Electoral and Boundaries Commission (IEBC) to conduct a national referendum within ninety days to seek approval for the proposed amendment, as stated in Article 256(5)(a). Once the IEBC certifies that the Bill has been approved in accordance with Article 255(2), the President is then obliged to assent to the Bill and cause it to be published within thirty days, as specified in Article 256(5)(b). The process of amending the Kenya Constitution through parliamentary initiative allows for democratic decision-making, ensuring that any proposed amendments have widespread support. The involvement of the public and the requirement for a two-thirds majority in both Houses of Parliament guarantee that any changes to the constitution truly reflect the will of the Kenyan people. In conclusion, the process for amending the Kenya Constitution through parliamentary initiative is a meticulous and inclusive one. It involves introducing a Bill in Parliament, obtaining the support of a two-thirds majority in both Houses, facilitating public discussions, and, if necessary, seeking approval through a national referendum. This process ensures that any amendments to the constitution are well-considered and aligned with the principles of democracy and public participation. Citation: The Kenya constitution, 2010 The Process for Amending the Kenya Constitution: Referendum and Parliamentary ApprovalAmendment of this Constitution.
EXPLAINED;The Kenya Constitution, 2010 provides a clear process for amending the constitution, ensuring that any changes reflect the will of the people. The process involves a combination of referendum and parliamentary approval, depending on the matter being amended. Let's explore the process in detail:
This comprehensive process for amending the Kenya Constitution ensures that significant changes require the direct input of the citizens through a referendum, while allowing for parliamentary approval for other amendments. This approach strikes a balance between popular participation and efficient decision-making. Citation: The Kenya Constitution, 2010 |
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