SUBSIDIARY LEGISLATION THE NEW CONSTITUTION OF KENYA PROMULGATION By His Excellency the Honorable Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya. WHEREAS the people of Kenya, in exercise of their sovereign right to replace the Constitution, ratified the proposed New Constitution of Kenya through a referendum held on the 4th August, 2010, in accordance with the provisions of section 47A of the Constitution of Kenya and Part V of the Constitution of Kenya Review Act, 2008; AND WHEREAS the Constitution of Kenya (Amendment) Act, 2008 and the Constitution of Kenya Review Acts of 1997 and 2008, as variously amended, provided a legal framework for the comprehensive review and replacement of the current Constitution by the people of Kenya, which ensured that the review process (a) accommodated the diversity of the Kenyan people, including socio economic status, race, ethnicity, gender, religious faith, age, occupation, learning, persons with disabilities and the disadvantaged and was guided by respect for the universal principles of human rights, gender equity and democracy; (b) provided the people of Kenya an opportunity to actively, freely and meaningfully participate in generating and debating proposals to alter the Constitution; (c) resulted in a new Constitution which faithfully reflected the wishes of the people of Kenya; AND WHEREAS for the last two decades, the people of Kenya have yearned for a new Constitution which--
NOW THEREFORE, in exercise of the powers conferred on me by section 47A (6) of the Constitution of Kenya and section 43A of the Constitution of Kenya Review Act, 2008, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, declare that the Constitution set out in the Schedule shall be the new Constitution of Kenya with effect from the 27th August, 2010. SCHEDULE—(The Constitution of Kenya). L.N. 72/2005, L.N. 134/2010, L.N. 104/2011. PUBLIC PROSECUTIONS DELEGATION OF POWERS
IN EXERCISE of the powers conferred by Article 157 (9) of the Constitution of Kenya, the Director of Public Prosecutions orders that all powers vested in him by Article 157 (4) and (6) of the Constitution shall be exercised by the persons for the time being holding the offices specified in the Schedule, acting in accordance with his general or special instructions. SCHEDULE
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SIXTH SCHEDULE (ARTICLE 262)TRANSITIONAL AND CONSEQUENTIAL PROVISIONSPART 1—GENERAL INTERPRETATION. In this Schedule, unless the context requires otherwise-- (a) “Boundaries Commission” means Interim Independent Boundaries Commission; (b) “Electoral Commission” means Interim Independent Electoral Commission; (c) “former Constitution” means the Constitution in force before this Constitution came into force. SUSPENSION OF PROVISIONS OF THIS CONSTITUTION. 2. (1) The following provisions of this Constitution are suspended until the final announcement of all the results of the first elections for Parliament under this Constitution-- (a) Chapter Seven, except that the provisions of the Chapter shall apply to the first general elections under this Constitution; (b) Chapter Eight, except that the provisions of the Chapter relating to the election of the National Assembly and the Senate shall apply to the first general elections under this Constitution; and (c) Articles 129 to 155 of Chapter Nine, except that the provisions of the Chapter relating to the election of the President shall apply to the first general elections under this Constitution. (2) The provisions of this Constitution relating to devolved government, including Article 187, are suspended until the date of the first elections for county assemblies and governors held under this Constitution. (3) Despite subsection (2)-- (a) elections for county assemblies and governors shall be held in accordance with Articles 177 and 180 of this Constitution; and (b) the laws relating to devolved government, required by this Schedule and Chapters Eleven and Twelve of this Constitution, shall be enacted within the period stipulated in the Fifth Schedule. (4) Article 62 (2) and (3) is suspended until the National Land Commission is established. EXTENSION OF APPLICATION OF PROVISIONS OF THE FORMER CONSTITUTION. 3. (1) Until Parliament passes the Act anticipated in Articles 15 and 18, section 93 of the former Constitution continues to apply. (2) Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the system of elections, eligibility for election and the electoral process shall apply to that election. (3) Until the National Police Service Commission referred to in Article 246 is established, section 108(2) of the former Constitution applies to appointments, discipline and the removal of persons from office in the National Police Service. PARLIAMENTARY SELECT COMMITTEE. 4. There shall be a select committee of Parliament to be known as the Constitutional Implementation Oversight Committee which shall be responsible for overseeing the implementation of this Constitution and which, among other things-- (a) shall receive regular reports from the Commission on the Implementation of the Constitution on the implementation of this Constitution including reports concerning-- (i) the preparation of the legislation required by this Constitution and any challenges in that regard; (ii) the process of establishing the new commissions; (iii) the process of establishing the infrastructure necessary for the proper operation of each county including progress on locating offices and assemblies and establishment and transfers of staff; (iv) the devolution of powers and functions to the counties under the legislation contemplated in section 15 of this Schedule; and (v) any impediments to the process of implementing this Constitution; (b) coordinate with the Attorney-General, the Commission on the Implementation of the Constitution and relevant parliamentary committees to ensure the timely introduction and passage of the legislation required by this Constitution; and (c) take appropriate action on the reports including addressing any problems in the implementation of this Constitution. COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION. 5. (1) There is established the Commission for the Implementation of the Constitution. (2) The Commission consists of-- (a) a chairperson; and (b) eight other members. (3) The members of the Commission shall-- (a) include persons with experience in public administration, human rights and government; and (b) not include any person who served as a member of the Committee of Experts appointed under the Constitution of Kenya Review Act, 2008. (4) Articles 248 to 254 apply to the Commission. (5) After the Commission on Revenue Allocation has been established, the Commission for the Implementation of the Constitution shall send a notice of its meetings to that Commission, and a member of the Commission on Revenue Allocation shall be permitted to attend and participate in any such meeting, but shall not vote. (6) The functions of the Commission shall be to-- (a) monitor, facilitate and oversee the development of legislation and administrative procedures required to implement this Constitution; (b) co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing, for tabling in Parliament, the legislation required to implement this Constitution; (c) report regularly to the Constitutional Implementation Oversight Committee on-- (i) progress in the implementation of this Constitution; and (ii) any impediments to its implementation; and (d) work with each constitutional commission to ensure that the letter and spirit of this Constitution is respected. (7) The Commission for the Implementation of the Constitution shall stand dissolved five years after it is established or at the full implementation of this Constitution as determined by Parliament, whichever is sooner, but the National Assembly may, by resolution, extend its life. PART 2—EXISTING OBLIGATIONS, LAWS AND RIGHTS RIGHTS, DUTIES AND OBLIGATIONS OF THE STATE. 6. Except to the extent that this Constitution expressly provides to the contrary, all rights and obligations, however arising, of the Government or the Republic and subsisting immediately before the effective date shall continue as rights and obligations of the national government or the Republic under this Constitution. EXISTING LAWS. 7. (1) All law in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution. (2) If, with respect to any particular matter-- (a) a law that was in effect immediately before the effective date assigns responsibility for that matter to a particular State organ or public officer; and (b) a provision of this Constitution that is in effect assigns responsibility for that matter to a different State organ or public officer, the provisions of this Constitution prevail to the extent of the conflict. EXISTING LAND HOLDINGS AND AGREEMENTS RELATING TO NATURAL RESOURCES. 8. (1) On the effective date, any freehold interest in land in Kenya held by a person who is not a citizen shall revert to the Republic of Kenya to be held on behalf of the people of Kenya, and the State shall grant to the person a ninety-nine year lease at a peppercorn rent. (2) On the effective date, any other interest in land in Kenya greater than a ninety-nine year lease held by a person who is not a citizen shall be converted to a ninety-nine year lease. (3) The provisions of Article 71 shall not take effect until the legislation contemplated under that Article is enacted. PART 3—NATIONAL GOVERNMENT ELECTIONS AND BY-ELECTIONS. 9. (1) The first elections for the President, the National Assembly, the Senate, county assemblies and county governors under this Constitution shall be held at the same time, within sixty days after the dissolution of the National Assembly at the end of its term. (2) Despite subsection (1), if the coalition established under the National Accord is dissolved and general elections are held before 2012, elections for the first county assemblies and governors shall be held during 2012. NATIONAL ASSEMBLY. 10. The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term. THE SENATE. 11. (1) Until the first Senate has been elected under this Constitution-- (a) the functions of the Senate shall be exercised by the National Assembly; and (b) any function or power that is required to be performed or exercised by both Houses, acting jointly or one after the other, shall be performed or exercised by the National Assembly. (2) Any function or power of the Senate shall, if performed or exercised by the National Assembly before the date contemplated in subsection (1), be deemed to have been duly performed or exercised by the Senate. THE EXECUTIVE. 12. (1) The persons occupying the offices of President and Prime Minister immediately before the effective date shall continue to serve as President and Prime Minister respectively, in accordance with the former Constitution and the National Accord and Reconciliation Act, 2008 until the first general elections held under this Constitution, unless they vacate office in terms of the former Constitution and the Accord. (2) The persons occupying the offices of Vice-President and Deputy Prime Minister or holding a position in the Cabinet or as an Assistant Minister immediately before the effective date shall continue to serve in accordance with the former Constitution until the first general elections held under this Constitution unless they vacate or are removed from office in accordance with the former Constitution and the National Accord and Reconciliation Act. (3) A person who was elected President before the effective date is not eligible to stand for election as President under this Constitution. OATH OF ALLEGIANCE TO THIS CONSTITUTION. 13. On the effective date, the President and any State officer or other person who had, before the effective date, taken and subscribed an oath or affirmation of office under the former Constitution, or who is required to take and subscribe an oath or affirmation of office under this Constitution, shall take and subscribe the appropriate oath or affirmation under this Constitution. PART 4—DEVOLVED GOVERNMENT OPERATION OF PROVISIONS RELATING TO DEVOLVED GOVERNMENT. 14. (1) The laws contemplated in section 2 (3) (b) and section 15 may be enacted only after the Commission on the Implementation of the Constitution and, if it has been established, the Commission on Revenue Allocation, have been consulted and any recommendations of the Commissions have been considered by Parliament. (2) The Commissions shall be given at least thirty days to consider legislation under subsection (1). (3) Subsections (1) and (2) lapse when the Commission on the Implementation of the Constitution is dissolved. PROVISION FOR DEVOLUTION OF FUNCTIONS TO BE MADE BY ACT OF PARLIAMENT. 15. (1) Parliament shall, by legislation, make provision for the phased transfer, over a period of not more than three years from the date of the first election of county assemblies, from the national government to county governments of the functions assigned to them under Article 185. (2) The legislation referred to in subsection (1) shall-- (a) provide for the way in which the national government shall-- (i) facilitate the devolution of power; (ii) assist county governments in building their capacity to govern effectively and provide the services for which they are responsible; and (iii) support county governments; (b) establish criteria that must be met before particular functions are devolved to county governments to ensure that those governments are not given functions which they cannot perform; (c) permit the asymmetrical devolution of powers to ensure that functions are devolved promptly to counties that have the capacity to perform them but that no county is given functions it cannot perform; and (d) provide mechanisms that ensure that the Commission on the Implementation of the Constitution can perform its role in monitoring the implementation of the system of devolved government effectively. DIVISION OF REVENUE. 16. Despite Article 217 (1), the first and second determinations of the basis of the division of revenue among the counties shall be made at three year intervals, rather than every five years as provided in that Article. PROVINCIAL ADMINISTRATION. 17. Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution. LOCAL AUTHORITIES. 18. All local authorities established under the Local Government Act (Cap. 265) existing immediately before the effective date shall continue to exist subject to any law that might be enacted. PART 5—ADMINISTRATION OF JUSTICE RULES FOR THE ENFORCEMENT OF THE BILL OF RIGHTS. 19. Until the Chief Justice makes the rules contemplated by Article 22, the Rules for the enforcement of the fundamental rights and freedoms under section 84 (6) of the former Constitution shall continue in force with the alterations, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with Article 22. THE JUDICIAL SERVICE COMMISSION. 20. (1) The Judicial Service Commission shall be appointed within sixty days after the effective date and the Commission shall be deemed to be properly constituted under this Constitution despite the fact that there may be a vacancy in its membership because of any of the bodies nominating or electing members have not done so. (2) Despite subsection (1), the Judicial Service Commission may not perform its functions unless five members have been appointed. (3) To ensure continuity in the operation of the Judicial Service Commission, despite Article 171 (4), when the Commission is first constituted the following members shall be appointed to serve for three years only-- (a) the Court of Appeal judge appointed under Article 171 (4) (c); (b) the High Court judge appointed under Article 171 (4) (d); (c) one of the advocates appointed under Article 171 (4) (f), to be identified by the statutory body responsible for the professional regulation of advocates; and (d) one of the members appointed by the President under Article 171 (4) (h), to be identified by the President. (4) Until the Public Service Commission contemplated in Article 233 is established, a person nominated by the Public Service Commission established under section 106 of the former Constitution shall serve on the Judicial Service Commission but, when the new Public Service Commission is established, the person shall cease to be a member of the Judicial Service Commission and the new Public Service Commission shall nominate a person to serve on the Judicial Service Commission. ESTABLISHMENT OF THE SUPREME COURT. 21. (1) The establishment of, and appointment of judges to, the Supreme Court shall be completed within one year after the effective date. (2) Until the Supreme Court is established, the Court of Appeal shall have jurisdiction over matters assigned to the Supreme Court. JUDICIAL PROCEEDINGS AND PENDING MATTERS. 22. All judicial proceedings pending before any court shall continue to be heard and shall be determined by the same court or a corresponding court established under this Constitution or as directed by the Chief Justice or the Registrar of the High Court. JUDGES. 23. (1) Within one year after the effective date, Parliament shall enact legislation, which shall operate despite Article 160, 167 and 168, establishing mechanisms and procedures for vetting, within a timeframe to be determined in the legislation, the suitability of all judges and magistrates who were in office on the effective date to continue to serve in accordance with the values and principles set out in Articles 10 and 159. (2) A removal, or a process leading to the removal, of a judge, from office by virtue of the operation of legislation contemplated under subsection (1) shall not be subject to question in, or review by, any court. CHIEF JUSTICE. 24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either-- (a) to retire from the judiciary; or (b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal. (2) A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly. (3) Subsection (2) also applies if there are further vacancies in the office of Chief Justice before the first general elections under this Constitution. PART 6—MISCELLANEOUS MATTERS
CITIZENSHIP BY BIRTH. 30. A Kenyan citizen is a citizen by birth if that citizen-- (1) acquired citizenship under Article 87 or 88 (1) of the former Constitution; or (2) would have acquired citizenship if Article 87 (2) read as follows: “Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father or mother becomes, or would but for his or her death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.” EXISTING OFFICES. 31. (1) Unless this Schedule provides otherwise, a person who immediately before the effective date, held or was acting in an office established by the former Constitution shall on the effective date continue to hold or act in that office under this Constitution for the unexpired period, if any, of the term of the person. (2) Subject to subsection (7) and section 24, a person who immediately before the effective date held or was acting in a public office established by law, so far as is consistent with this Constitution, shall continue to hold or act in that office as if appointed to that position under this Constitution. (3) The provisions of this section shall not affect the powers conferred on any person or authority under this Constitution or legislation to abolish offices or remove persons from an office contemplated in subsection (2). (4) If a person has vacated an office that the person held before the effective date, and that office is retained or established under this Constitution, the person may, if qualified, again be appointed, elected, or otherwise selected to hold that office in accordance with the provisions of this Constitution, except to the extent that this Constitution expressly provides otherwise. (5) The functions of the Director of Public Prosecutions shall be performed by the Attorney-General until a Director of Public Prosecutions is appointed under this Constitution. (6) The functions of the Controller of Budget shall be performed by the Auditor-General until a Controller of Budget is appointed under this Constitution. (7) Despite subsection (1), the Attorney-General and the Auditor-General shall continue in office for a period of no more than twelve months after the effective date and the subsequent appointments to those offices shall be made under this Constitution. PENSIONS, GRATUITIES AND OTHER BENEFITS. 32. The law applicable to pensions in respect of holders of constitutional offices under the former Constitution shall be either the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to the person. SUCCESSION OF INSTITUTIONS, OFFICES, ASSETS AND LIABILITIES. 33. An office or institution established under this Constitution is the legal successor of the corresponding office or institution, established under the former Constitution or by an Act of Parliament in force immediately before the effective date, whether known by the same or a new name. CURRENCY. 34. Nothing in Article 231 (4) affects the validity of coins and notes issued before the effective date. âFIFTH SCHEDULE (ARTICLE 261 (1))LEGISLATION TO BE ENACTED BY PARLIAMENT
FOURTH SCHEDULE (Article 185(2), 186(1) and 187(2)) DISTRIBUTION OF FUNCTIONS BETWEEN THE NATIONAL GOVERNMENT AND THE COUNTY GOVERNMENTSPART 1—NATIONAL GOVERNMENT
PART 2—COUNTY GOVERNMENTS
The functions and powers of the county are--
THIRD SCHEDULE (Articles 74, 141(3), 148(5) and 152(4))NATIONAL OATHS AND AFFIRMATIONSOATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF THE PRESIDENT/ACTING PRESIDENT AND THE DEPUTY PRESIDENT I, , in full realisation of the high calling I assume as President/Acting President/Deputy President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. (In the case of an oath— So help me God.) OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR THE PRESIDENT/ACTING PRESIDENT I, , swear/solemnly affirm that I will truly and diligently serve the people and the Republic of Kenya in the office of the President/ Acting President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the Office of President/Acting President of the Republic of Kenya; and I will do justice to all in accordance with this Constitution, as by law established, and the laws of Kenya, without fear, favour, affection or ill-will. (In the case of an oath— So help me God.) OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR THE DEPUTY PRESIDENT I, , do swear/solemnly affirm that I will always truly and diligently serve the people and the Republic of Kenya in the office of the Deputy President of the Republic of Kenya; that I will diligently discharge my duties and perform my functions in the said office, to the best of my judgment; that I will at all times, when so required, faithfully and truly give my counsel and advice to the President of the Republic of Kenya; that I will do justice to all without fear, favour, affection or ill-will; and that I will not directly or indirectly reveal such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (In the case of an oath— So help me God.) OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR A CABINET SECRETARY I, ……........................................……………, being appointed a Cabinet Secretary of Kenya, do swear/solemnly affirm that I will at all times be faithful to the Republic of Kenya; that I will obey, respect and uphold this Constitution of Kenya and all other laws of the Republic; that I will well and truly serve the people and the Republic of Kenya in the Office of a Cabinet Secretary; that I undertake to hold my office as Cabinet Secretary with honour and dignity; that I will be a true and faithful counsellor to the President for the good management of the public affairs of the Republic of Kenya; that I will not divulge directly or indirectly such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy except as may be required for the due discharge of my duties as Cabinet Secretary; and that I will perform the functions of my office conscientiously and to the best of my ability. (In the case of an oath— So help me God.). OATH OR SOLEMN AFFIRMATION OF DUE EXECUTION OF OFFICE FOR SECRETARY TO THE CABINET/A PRINCIPAL SECRETARY I, ……...................................………………, being called on to exercise the functions of Secretary to the Cabinet /a Principal Secretary, do swear/solemnly affirm that, except with the authority of the President, I will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the Cabinet committed to my secrecy, except as may be required for the due discharge of my duties as Secretary to the Cabinet /such Principal Secretary. (In the case of an oath— So help me God). OATHS FOR THE CHIEF JUSTICE /PRESIDENT OF THE SUPREME COURT, JUDGES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEAL AND JUDGES OF THE HIGH COURT I, ……………......................................………, (The Chief Justice/President of the Supreme Court, a judge of the Supreme Court, a judge of the Court of Appeal, a judge of the High Court) do (swear in the name of the Almighty God)/(solemnly affirm) to diligently serve the people and the Republic of Kenya and to impartially do Justice in accordance with this Constitution as by law established, and the laws and customs of the Republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence. In the exercise of the judicial functions entrusted to me, I will at all times, and to the best of my knowledge and ability, protect, administer and defend this Constitution with a view to upholding the dignity and the respect for the judiciary and the judicial system of Kenya and promoting fairness, independence, competence and integrity within it. (So help me God.) OATH /AFFIRMATION OF MEMBER OF PARLIAMENT (SENATE/ NATIONAL ASSEMBLY) I,………...................................……………, having been elected a member of the Senate/National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the People and the Republic of Kenya; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will faithfully and conscientiously discharge the duties of a member of Parliament. (So help me God). OATH FOR SPEAKER/DEPUTY SPEAKER OF THE SENATE/NATIONAL ASSEMBLY
I, ...............................................................……………, having been elected as Speaker/Deputy Speaker of the Senate/ National Assembly do swear (in the name of the Almighty God) (solemnly affirm) that I will bear true faith and allegiance to the people and the Republic of Kenya; that I will faithfully and conscientiously discharge my duties as Speaker/Deputy Speaker of the Senate/National Assembly; that I will obey, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I will do right to all manner of persons in accordance with this Constitution of Kenya and the laws and conventions of Parliament without fear or favour, affection or ill will (So help me God). Unveiling Kenya's National Symbols: A Reflection of Identity and UnityKenya, a beautiful country in East Africa, is defined by its national symbols that represent its rich history, diverse culture, and aspirations for the future. As outlined in the Kenya Constitution, 2010, there are four national symbols that hold great significance for the nation and its people. (a) THE NATIONAL FLAGFirst and foremost is the National Flag, which is a powerful representation of Kenya's identity. The flag consists of three major strips of equal width colored from top to bottom in black, red, and green. These strips are separated by narrow white strips. Superimposed centrally on the flag is a symmetrical shield and white spears. The flag's colors symbolize various aspects of Kenya's heritage and aspirations, with black representing the people, red symbolizing the bloodshed during the struggle for independence, green representing the land and natural resources, and white signifying peace. (B) THE NATIONAL ANTHEMNext is the National Anthem, a patriotic song that captures the spirit and unity of the Kenyan people. Composed in both Swahili and English, the anthem reflects Kenya's diversity and the values it upholds. The anthem speaks of justice, unity, peace, liberty, and prosperity. It calls upon the citizens to arise with strength and dedication, to work together for the progress and well-being of the nation.
(a) THE COAT OF ARMSThe Coat of Arms is another significant national symbol that defines Kenya. It is a visual representation of the country's sovereignty and authority. The coat of arms features a shield divided into two sections, each containing national symbols. On the left side, there is a rooster holding an axe, symbolizing the defense of freedom, vigilance, and the dawn of a new era. On the right side, there is a crossed spear and a traditional Maasai shield, representing the defense of Kenya's freedom and the country's cultural heritage. Below the shield is a ribbon with the national motto "Harambee," meaning "Let's pull together," emphasizing the importance of unity and cooperation for national development. (a) THE PUBLIC SEALLastly, the Public Seal serves as an official emblem of the Republic of Kenya. The seal is used to authenticate official documents and signifies the authority of the government. It features an image of two lions supporting a shield with the Coat of Arms. The lions symbolize protection and strength, while the shield represents the defense of Kenya's sovereignty and the people's rights. These national symbols are not only visual representations of Kenya's identity but also hold deep cultural and historical significance. They serve as a reminder of the country's journey towards independence, its diverse heritage, and the values that guide its progress. Together, these symbols define Kenya's national identity, instill a sense of pride among its citizens, and serve as a unifying force for the nation.
In conclusion, the national symbols of Kenya, as outlined in the Kenya Constitution, 2010, encompass the National Flag, National Anthem, Coat of Arms, and Public Seal. These symbols reflect the country's heritage, aspirations, unity, and sovereignty. They play a crucial role in defining Kenya's national identity and fostering a sense of patriotism among its people. The Significance of the Repeal of the Previous Constitution in the Kenya Constitution of 2010 and Its Impact on Governance and the Legal FrameworkThe repeal of the previous constitution in the Kenya Constitution of 2010 holds immense significance for the governance and legal framework of Kenya. This deliberate decision by the people of Kenya to replace the existing legal framework with a new one has had far-reaching implications for the nation. Firstly, the repeal of the previous constitution signifies a fundamental shift in the governance system of Kenya. The new Constitution, which was ratified through a referendum held on August 4th, 2010, reflects the collective will of the Kenyan people and their desire for a more inclusive, democratic, and accountable governance structure. It recognizes the sovereignty of the people and establishes a system where power is delegated to various state organs, ensuring that they operate in accordance with the provisions set forth in the Constitution. Secondly, the repeal of the previous constitution has had a significant impact on the legal framework of Kenya. The Kenya Constitution of 2010 provides a comprehensive and up-to-date legal framework that aligns with the aspirations and values of the nation. It incorporates principles of human rights, gender equity, democracy, and the rule of law. This new legal framework ensures that the rights and interests of all Kenyan citizens are protected and that the government operates within the boundaries set by the Constitution. Furthermore, the repeal of the previous constitution has facilitated the establishment of new institutions and the redefinition of powers and responsibilities. The Kenya Constitution of 2010 recognizes the need for devolution, leading to the creation of 47 counties in Kenya. This decentralization of power has brought governance closer to the people, allowing for more effective and efficient service delivery at the local level. Each county now has its own government structure, with elected officials responsible for managing local affairs and addressing the specific needs of their respective regions. THE 47 COUNTIES OF KENYA In Logical OrderCOUNTIES
Additionally, the repeal of the previous constitution has emphasized the importance of public participation, transparency, and accountability in the governance process. The Kenya Constitution of 2010 encourages active and meaningful engagement of the people in decision-making processes, ensuring that their voices are heard and their concerns are addressed. It promotes a culture of transparency and accountability, holding public officials responsible for their actions and ensuring that resources are managed in a responsible and equitable manner. Citation: The Kenya Constitution, 2010
The Repeal of the Previous Constitution in the Kenya Constitution of 2010REPEAL OF PREVIOUS CONSTITUTION.
EXPLAINED;According to the documents provided, the Kenya Constitution of 2010 explicitly states that the previous constitution in force immediately before the effective date of the new Constitution shall stand repealed on the effective date. This provision ensures a clear break from the previous legal framework and establishes the Kenya Constitution of 2010 as the governing document for the nation.
The repeal of the previous constitution signifies a deliberate decision by the people of Kenya to replace the existing legal framework with a new one that better reflects their aspirations, values, and vision for the country. It represents a significant step towards democratic progress, as the new Constitution addresses the shortcomings of the previous one and seeks to safeguard the rights and interests of all Kenyan citizens. By repealing the previous constitution, the Kenya Constitution of 2010 establishes a fresh start for governance in the country. It provides a comprehensive framework for the organization and functioning of the government, the protection of human rights, the promotion of democracy, and the principles of equality and justice. The new Constitution also emphasizes the importance of public participation, transparency, and accountability in the governance process. The repeal of the previous constitution paves the way for the implementation of the new Constitution's provisions. It allows for the establishment of new institutions, the redefinition of powers and responsibilities, and the adoption of new policies and laws that align with the principles and values enshrined in the Kenya Constitution of 2010. It is important to note that the Sixth Schedule of the Kenya Constitution of 2010 contains transitional and consequential provisions. These provisions ensure a smooth transition from the previous legal framework to the new Constitution, addressing any potential challenges or conflicts that may arise during the process. In conclusion, the Kenya Constitution of 2010 includes a provision for the repeal of the previous constitution on the effective date. This provision signifies the nation's commitment to a new legal framework that addresses the needs and aspirations of the Kenyan people. The repeal of the previous constitution allows for the implementation of the new Constitution's provisions, establishing a fresh start for governance in Kenya. Citation: The Kenya Constitution, 2010 The Effective Date of the Kenya Constitution of 2010Effective Date.
EXPLAINED;According to the documents provided, the Kenya Constitution of 2010 comes into force under specific conditions. It shall be in effect either upon its promulgation by the President or upon the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is earlier.
The term "promulgation" refers to the formal announcement or declaration of the Constitution by the President. This signifies the official commencement of the Constitution, making it legally binding and enforceable. The promulgation of the Constitution represents a significant milestone in the democratic process, as it signals the transition to a new legal framework that reflects the aspirations and values of the Kenyan people. Alternatively, if a referendum is held to ratify the Constitution, the effective date is determined by the publication of the final result in the Gazette. The referendum allows the Kenyan people to express their consent and collective will regarding the adoption of the Constitution. Once the final result is published, the Constitution becomes enforceable after a period of fourteen days. The effective date of the Kenya Constitution of 2010 holds great importance for the nation. It marks the beginning of a new era, where the rights, principles, and values enshrined in the Constitution become the foundation of governance, law, and justice in Kenya. The effective date signifies the moment when the Constitution's provisions can be relied upon and invoked by individuals, institutions, and the judiciary. The Kenya Constitution of 2010 represents a significant step towards democratic governance, respect for human rights, and the rule of law. Its effective date is a momentous occasion that symbolizes the collective efforts of the Kenyan people to establish a just and equitable society. In conclusion, the Kenya Constitution of 2010 comes into force either upon its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever occurs earlier. The effective date holds great significance as it marks the beginning of a new era, where the Constitution's provisions become legally binding and form the basis for governance and justice in Kenya. Citation: The Kenya Constitution, 2010 The Implementation of Transitional and Consequential Provisions in the Kenya Constitution of 2010TRANSITIONAL AND CONSEQUENTIAL PROVISIONS.
EXPLAINED;The Kenya Constitution of 2010 includes detailed provisions in its Sixth Schedule to address transitional and consequential matters. These provisions are designed to ensure a smooth transition and the effective implementation of the new Constitution.
According to the documents provided, the transitional and consequential provisions outlined in the Sixth Schedule take effect on the effective date of the Constitution. Unfortunately, the specific effective date is not explicitly mentioned in the documents shared. However, it can be inferred that the effective date refers to the date on which the Kenya Constitution of 2010 came into force. The purpose of these provisions is to address any transitional issues that may arise during the implementation of the new Constitution. This includes provisions for the continuity of certain laws and institutions from the previous Constitution, as well as the establishment of new mechanisms and structures required by the new Constitution. Additionally, the consequential provisions aim to address the impact and consequences of the new Constitution on existing legislation, institutions, and practices. This ensures that the new Constitution harmonizes with previous laws and regulations and provides a framework for their smooth integration. By including these transitional and consequential provisions in the Sixth Schedule, the framers of the Kenya Constitution of 2010 recognized the importance of managing the transition from the previous Constitution to the new one. These provisions help to ensure stability, continuity, and a seamless transformation of the legal and institutional framework in line with the principles and objectives of the new Constitution. In conclusion, the transitional and consequential provisions outlined in the Sixth Schedule of the Kenya Constitution of 2010 play a crucial role in the effective implementation of the new Constitution. Although the specific effective date is not provided in the documents, it can be inferred that these provisions come into effect on the date the Constitution itself becomes enforceable. These provisions help manage the transition process, ensure continuity, and harmonize existing laws with the new Constitution for a smooth and successful implementation. Citation: The Kenya Constitution, 2010 Provisions Regarding Consequential Legislation in the Kenya Constitution of 2010Consequential legislation.
Explained;The Kenya Constitution of 2010 provides provisions for the enactment of consequential legislation to govern specific matters. According to the Fifth Schedule, Parliament is mandated to enact the required legislation within specified timeframes, which begin on the effective date of the Constitution. Clause (1) of the provision states that Parliament must enact any legislation required by the Constitution within the specified period. However, Clause (2) allows the National Assembly, by a two-thirds majority vote, to extend the period for a particular matter by up to one year. This extension can only be exercised once and only in exceptional circumstances certified by the Speaker of the National Assembly. To facilitate the enactment of the required legislation, Clause (4) requires the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, to prepare the relevant Bills for tabling before Parliament as soon as reasonably practicable. If Parliament fails to enact specific legislation within the specified time, Clause (5) grants any person the right to petition the High Court on the matter. The High Court, upon receiving such a petition, has the power to make a declaratory order and transmit an order to Parliament and the Attorney-General. This order directs them to take steps to ensure the required legislation is enacted within the specified period and to report progress to the Chief Justice. Should Parliament fail to comply with the order under Clause (6)(b), Clause (7) empowers the Chief Justice to advise the President to dissolve Parliament. Upon such advice, the President is obligated to dissolve Parliament. In the event of Parliament's dissolution, Clause (8) mandates the new Parliament, upon commencement of its term, to enact the required legislation within the specified timeframes outlined in the Fifth Schedule. Failure to do so would trigger the application of Clauses (1) to (8) afresh. These provisions highlight the importance of timely enactment of consequential legislation to ensure the effective implementation of the Kenya Constitution of 2010. They also demonstrate the mechanisms in place to hold Parliament accountable for any failure to meet the specified timeframes. In conclusion, the provisions regarding consequential legislation in the Kenya Constitution of 2010 emphasize the responsibility of Parliament to enact required legislation within specified timeframes. Failure to comply may result in legal action, orders from the High Court, and even the dissolution of Parliament. These provisions aim to ensure the smooth implementation of the Constitution and the protection of citizens' rights. Citation: The Kenya constitution, 2010
Understanding the Key Definitions in the Kenya Constitution of 2010: A Comprehensive AnalysisEXPLAINED;In the Kenya Constitution of 2010, several terms are defined to provide clarity and consistency in interpretation. These definitions play a crucial role in understanding the rights, obligations, and responsibilities of individuals and entities.
Here are some key definitions:
Citation: The Kenya Constitution, 2010 Interpreting and Applying the Kenya Constitution: Principles, Language, and TimeCONSTRUING THIS CONSTITUTION.
EXPLAINED;The Kenya Constitution of 2010 provides clear guidelines for the interpretation and construction of its provisions, ensuring consistency, clarity, and effective governance.
The key principles and guidelines for construing the Constitution are as follows:
Citation: The Kenya constitution, 2010 Ensuring the Enforcement of the Kenya Constitution: A Path to Justice and AccountabilityEnforcement of this Constitution.
Explained;The Kenya Constitution of 2010 provides robust provisions for the enforcement of its principles and safeguards. Article 22(1) specifically states that every person has the right to institute court proceedings if they believe that the Constitution has been contravened or is threatened with contravention. This provision ensures that individuals can seek justice and accountability for any violations or potential violations of their constitutional rights.
Moreover, Article 22(2) expands the scope of who can institute court proceedings beyond just the affected individual. It recognizes that there may be situations where individuals cannot act in their own name or where a broader interest is at stake. The following entities are empowered to institute court proceedings under specific circumstances:
In conclusion, the Kenya Constitution of 2010 guarantees every person the right to institute court proceedings if they believe the Constitution has been contravened or is threatened with contravention. It further recognizes the role of representatives, groups, associations, and individuals acting in the public interest to ensure the enforcement of constitutional principles. These provisions form the bedrock of a democratic and accountable society, fostering justice, and safeguarding the rights of all Kenyans. 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 Reporting Requirements for Commissions and Independent Offices in KenyaREPORTING BY COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;As outlined in the Kenya Constitution, 2010, commissions and independent offices in Kenya have specific reporting requirements to ensure transparency and accountability.
The constitution stipulates the following obligations:
By mandating the submission of annual and special reports, as well as the publication and publicizing of these reports, the Kenya Constitution, 2010 establishes a framework for the effective oversight of commissions and independent offices. This promotes transparency, allows for the evaluation of their performance, and ensures that the public can access vital information about their activities. Citation: The Kenya Constitution, 2010 Incorporation Status of Commissions and Independent Offices in KenyaINCORPORATION OF COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;According to the Kenya Constitution, 2010, each commission and independent office in Kenya has a specific incorporation status.
The Constitution states that:
These provisions of incorporation ensure that commissions and independent offices in Kenya have the necessary legal capacity and protection to carry out their functions effectively. By being recognized as body corporates with perpetual succession, possessing a seal, and having the ability to sue and be sued, they are empowered to engage in legal transactions, protect their interests, and fulfill their mandates under the Kenya Constitution. Citation: The Kenya Constitution, 2010 Functions and Powers of Commissions and Holders of Independent Offices in KenyaGENERAL FUNCTIONS AND POWERS.
EXPLAINED;According to the Kenya Constitution, 2010, commissions and holders of independent offices have specific functions and powers outlined in the Constitution. These include:
Furthermore, certain commissions and independent offices have the power to issue a summons to a witness to assist in their investigations. The Kenya National Human Rights and Equality Commission, the Judicial Service Commission, the National Land Commission, and the Auditor-General are specifically mentioned as having this power. These provisions in the Kenya Constitution, 2010 empower commissions and holders of independent offices to carry out their mandated functions effectively. By conducting investigations, facilitating dispute resolution, recruiting staff, and exercising additional powers prescribed by legislation, they play a crucial role in promoting accountability, protecting human rights, ensuring the rule of law, and addressing public concerns. Citation: The Kenya Constitution, 2010 Grounds for Removal from Office for Members of Commissions and Holders of Independent Offices in KenyaREMOVAL FROM OFFICE.
EXPLAINED;According to the Kenya Constitution, 2010, a member of a commission or the holder of an independent office can only be removed from office for specific grounds. These grounds include:
The National Assembly will consider the petition and, if satisfied that it discloses a valid ground, will send the petition to the President. Upon receiving the petition, the President has the authority to suspend the member or office holder pending the outcome of the complaint. The President is also required to appoint a tribunal consisting of individuals with the necessary qualifications and expertise to investigate the matter. The tribunal must consist of a chairperson who holds or has held office as a judge of a superior court, at least two persons qualified to be appointed as High Court judges, and one other member qualified to assess the facts in respect of the specific ground for removal. Once appointed, the tribunal will conduct an expeditious investigation, report on the facts, and make a binding recommendation to the President within thirty days. The President is then obligated to act in accordance with the tribunal's recommendation. It is important to note that a person who is suspended under these circumstances is entitled to continue receiving half of the remuneration and benefits of the office while suspended. In conclusion, the Kenya Constitution, 2010 provides clear grounds for the removal of members of commissions and holders of independent offices. This ensures accountability and integrity in public service, as these individuals can be held accountable for serious violations, misconduct, incapacity, incompetence, or bankruptcy. The process of removal involves a thorough investigation by a tribunal and a binding recommendation to the President, who is required to act accordingly. Citation: The Kenya Constitution, 2010 Composition, Appointment, and Terms of Office for Commissions and Independent Offices under the Kenya Constitution, 2010COMPOSITION, APPOINTMENT AND TERMS OF OFFICE.
EXPLAINED;In the Kenya Constitution, 2010, the composition, appointment, and terms of office for commissions and independent offices are outlined in detail. According to Article 250, each commission shall consist of at least three, but not more than nine, members. The chairperson and each member of a commission, as well as the holder of an independent office, are identified and recommended for appointment in a manner prescribed by national legislation, approved by the National Assembly, and appointed by the President.
To be appointed, a person must have the specific qualifications required by the Constitution or national legislation. Furthermore, appointments to commissions and independent offices must take into account the national values outlined in Article 10 and ensure that the composition of these bodies reflects the regional and ethnic diversity of the people of Kenya. Members of a commission may serve on a part-time basis, unless they hold an ex officio position. Additionally, members of a commission or the holder of an independent office, unless ex officio or part-time, are not allowed to hold any other office or employment for profit, whether public or private. The remuneration and benefits payable to commissioners or holders of independent offices are a charge on the Consolidated Fund and shall not be varied to their disadvantage. These individuals are also protected from liability for anything done in good faith in the performance of their functions. Furthermore, each commission has a vice-chairperson who is elected from among the members, and the chairperson and vice-chairperson must not be of the same gender. Additionally, each commission has a Secretary who is appointed by the commission and serves as its chief executive officer. It is important to note that these provisions are aimed at ensuring the independence and integrity of commissions and independent offices in Kenya. By adhering to the requirements set out in the Constitution, the appointment process and terms of office for these entities are designed to promote transparency, accountability, and representativeness. In conclusion, the Kenya Constitution, 2010 establishes the composition, appointment, and terms of office for commissions and independent offices in the country. These provisions are crucial for maintaining the independence and effectiveness of these bodies in serving the people of Kenya. Citation: The Kenya Constitution, 2010 Upholding Democratic Principles and Constitutionalism: Objects, Authority, and Funding of Commissions and Independent Offices under the Kenya Constitution, 2010OBJECTS, AUTHORITY AND FUNDING OF COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;The Kenya Constitution, 2010 establishes that the commissions and independent offices serve important purposes in upholding democratic principles, protecting the sovereignty of the people, and promoting constitutionalism. Let us delve into the objects, authority, and funding of these bodies as outlined in the Constitution.
Objects: The primary objects of the commissions and independent offices are:
Authority and Independence: The commissions and holders of independent offices operate with specific authority and independence. According to the Kenya Constitution, 2010:
Funding: To ensure the effective functioning of each commission and independent office, Parliament is mandated to allocate adequate funds. Key points regarding funding include:
Citation: The Kenya Constitution, 2010 Application and Scope of Chapter: Commissions and Independent Offices under the Kenya Constitution, 2010Application of Chapter.
Explained;In accordance with the Kenya Constitution, 2010, Chapter applies to specific commissions and independent offices, unless specified otherwise. This Chapter provides a framework for the functioning, responsibilities, and independence of these bodies. Let us delve into the commissions and independent offices to which this Chapter applies:
Commissions:
It is important to note that these commissions and independent offices operate independently and are not subject to the direction or control of any person or authority. Their functions and budgets are allocated by Parliament to enable them to carry out their responsibilities effectively. In conclusion, the application of Chapter in the Kenya Constitution, 2010 extends to various commissions and independent offices. These bodies play crucial roles in safeguarding human rights, managing land matters, conducting fair elections, promoting efficient governance, ensuring equitable resource allocation, maintaining a professional public service, and fostering transparency and accountability in financial management. Their independence and adherence to the Constitution and the law ensure their effectiveness in serving the people of Kenya. Citation: The Kenya Constitution, 2010 Smooth Transition: Transitional and Consequential Provisions in the Kenya Constitution, 2010CHAPTER EIGHTEEN—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Overview;In CHAPTER EIGHTEEN of the Kenya Constitution, 2010, titled "Transitional and Consequential Provisions," several important provisions are outlined to facilitate the smooth transition from the previous constitution to the new one and address any consequential matters that may arise.
One of the key provisions is 261, which pertains to consequential legislation. This provision implies that the enactment of new laws may be necessary to give effect to the provisions of the constitution or to address any legal issues that may arise as a result of the new constitutional framework. Another significant provision is 262, which deals with transitional and consequential provisions in a broader sense. This provision acknowledges that during the transition period from the old constitution to the new one, certain provisions may need to be put in place to ensure a seamless shift. These provisions may include addressing any inconsistencies or conflicts between the old and new constitution, as well as providing for the continuation of certain legal processes or institutions. The provision 263 establishes the effective date of the new constitution. This date marks the point at which the new constitution comes into operation, replacing the previous constitution and becoming the supreme law of the land. Lastly, provision 264 addresses the repeal of the previous constitution. This provision signifies that the old constitution is no longer in force and has been replaced entirely by the new constitution. It ensures that the new constitutional framework takes precedence and governs the rights, obligations, and governance structures of the country. In summary, CHAPTER EIGHTEEN of the Kenya Constitution, 2010, outlines transitional and consequential provisions that are crucial for the successful implementation of the new constitution. These provisions encompass the enactment of consequential legislation, addressing transitional matters, establishing the effective date of the new constitution, and formally repealing the previous constitution. By including these provisions, the constitution aims to ensure a smooth transition and provide a solid legal foundation for the governance and functioning of the country. Citation: The Kenya constitution, 2010 |
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