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 Ensuring Effective Enforcement and Interpretation: Key Provisions in CHAPTER SEVENTEEN of the Kenya Constitution, 2010CHAPTER SEVENTEEN—GENERAL PROVISIONS
Overview;In CHAPTER SEVENTEEN of the Kenya Constitution, 2010, the general provisions and enforcement mechanisms are outlined to ensure the effective implementation and interpretation of the constitution.
Article 258 focuses on the enforcement of the constitution. It provides that every person has the right to institute court proceedings to enforce the provisions of the constitution. This means that any individual who believes that their rights or the rights of others are being violated can seek legal remedies to protect and uphold the constitution. Article 259 deals with construing the constitution. It states that the constitution shall be interpreted in a manner that promotes its purposes, values, and principles, advances the rule of law, and contributes to good governance. This provision emphasizes the importance of interpreting the constitution in a way that upholds its spirit and intent, rather than relying on strict literal interpretations. Article 260 addresses the interpretation of the constitution. It provides guidance on how certain terms and phrases used in the constitution should be understood. It states that in interpreting the constitution, the courts shall promote the values that underlie an open and democratic society based on human dignity, equality, equity, and freedom. This provision ensures that the courts prioritize the fundamental principles and values of the constitution when interpreting its provisions. Together, these provisions in CHAPTER SEVENTEEN of the Kenya Constitution, 2010 serve as crucial mechanisms for the enforcement and interpretation of the constitution. They empower individuals to seek justice when their constitutional rights are violated and guide the courts in interpreting the constitution in a manner that upholds its fundamental principles. By ensuring the effective enforcement and interpretation of the constitution, these provisions play a vital role in safeguarding the rights and liberties of the Kenyan people. Citation: The Kenya constitution, 2010 Ensuring Independence and Accountability: Provisions for Commissions and Independent Offices in the Kenya Constitution, 2010CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
Overview;CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES in the Kenya Constitution, 2010 establishes the framework for the functioning of various commissions and independent offices in the country. According to the Constitution, these commissions and offices are subject only to the Constitution and the law, and they are independent entities that are not subject to the direction or control of any person or authority.
The Constitution recognizes the importance of providing adequate funding to enable each commission and independent office to perform its functions. Parliament is tasked with allocating sufficient funds for this purpose, and the budget of each commission and independent office is treated as a separate vote. In terms of composition, each commission is required to consist of at least three, but not more than nine, members. The appointment process for the chairperson and members of a commission, as well as for the holder of an independent office, involves identification and recommendation as prescribed by national legislation, approval by the National Assembly, and appointment by the President. It is also mandated that individuals being appointed must possess the specific qualifications required by the Constitution or national legislation. Furthermore, certain commissions and independent offices have the power to issue a summons to a witness for the purpose of their investigations. These include the Kenya National Human Rights and Equality Commission, the Judicial Service Commission, the National Land Commission, and the Auditor-General. Each commission and independent office is considered a body corporate with perpetual succession and a seal, and they have the capacity to sue and be sued in their corporate name. Lastly, these commissions and independent offices are required to submit a report to the President and Parliament as soon as practicable after the end of each financial year. In summary, CHAPTER FIFTEEN of the Kenya Constitution, 2010 establishes the principles and provisions for the functioning, composition, appointment, and reporting of commissions and independent offices in the country. It emphasizes their independence, the allocation of adequate funds, and the need for transparency and accountability in their operations. Citation: The Kenya constitution, 2010 The Public Service and National Security: An Overview of Chapter Thirteen of the Kenya Constitution, 2010CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE
PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION
Overview;Chapter Thirteen of the Kenya Constitution, 2010, titled "The Public Service," outlines the principles and structure of the public service in Kenya. This chapter is divided into different parts, each addressing a specific aspect of the public service.
Part One of Chapter Thirteen focuses on the values and principles of the public service. It emphasizes the importance of upholding high standards of professional ethics, promoting the efficient, effective, and economic use of resources, and ensuring the responsive, prompt, effective, impartial, and equitable provision of services. Additionally, the chapter highlights the significance of involving the people in the policy-making process, ensuring accountability for administrative acts, and promoting transparency and the provision of timely and accurate information to the public. It also emphasizes the importance of fair competition and merit-based appointments and promotions, while also upholding the representation of Kenya's diverse communities and providing equal opportunities for appointment, training, and advancement for all individuals in the public service. Part Two of Chapter Thirteen focuses on the establishment and functions of the Public Service Commission. The Public Service Commission is responsible for overseeing the recruitment, appointment, and promotion of public officers. It ensures that these processes are conducted fairly and based on merit. The Commission also has the power to investigate and take disciplinary action against public officers who breach their code of conduct. Furthermore, this part addresses the staffing of county governments, emphasizing the importance of having qualified personnel to serve at the county level. It also outlines measures to protect public officers from victimization or unfair treatment. Part Three of Chapter Thirteen introduces the Teachers Service Commission, which is responsible for the management and regulation of the teaching profession in Kenya. This commission oversees the recruitment, training, and discipline of teachers, ensuring that they meet the required standards. Moving on to Chapter Fourteen, titled "National Security," it is related to the public service as it addresses the principles of national security and the establishment of various national security organs. This includes the Kenya Defence Forces, the National Intelligence Service, and the National Police Service. These organs play a crucial role in safeguarding the security and well-being of the country and its citizens. In summary, Chapter Thirteen of the Kenya Constitution, 2010 provides an overview of the public service in Kenya. It highlights the values and principles that guide the public service, the establishment and functions of the Public Service Commission, the role of the Teachers Service Commission, and also touches on national security organs. This chapter serves as a comprehensive guide for the structure, functioning, and principles of the public service in Kenya. Citation: The Kenya Constitution, 2010 Safeguarding National Security: An Overview of Chapter Fourteen of the Kenya ConstitutionCHAPTER 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
Overview;Chapter Fourteen of the Kenya Constitution, titled "National Security," provides an overview of the principles, organs, and functions related to national security in Kenya. This chapter aims to protect Kenya's territorial integrity, sovereignty, and the rights and freedoms of its people. It emphasizes the importance of adhering to the rule of law, democracy, and human rights in the pursuit of national security.
According to the Constitution, national security encompasses the protection against both internal and external threats to Kenya's territorial integrity, sovereignty, and various national interests. These interests include the well-being and rights of the people, their property, peace, stability, and prosperity. The national security of Kenya is subject to the authority of the Constitution and Parliament, ensuring that it operates within the legal framework established by the Constitution. The principles guiding national security in Kenya are outlined in this chapter. National security must be pursued in compliance with the law and with utmost respect for the rule of law, democracy, human rights, and fundamental freedoms. This ensures that actions taken in the name of national security do not infringe upon the rights and freedoms of the Kenyan people. Furthermore, the chapter emphasizes the importance of respecting the diverse culture of the communities within Kenya. National security organs, including the Kenya Defence Forces, the National Intelligence Service, and the National Police Service, are required to perform their functions and exercise their powers while respecting the cultural diversity of the Kenyan people. This promotes inclusivity and ensures that the national security apparatus is representative of the nation's diverse population. The recruitment process for national security organs must reflect the diversity of the Kenyan people in equitable proportions. This provision ensures that the composition of these organs is representative of the nation's demographics, further reinforcing the principle of inclusivity in national security matters. The chapter also establishes the National Security Council, which consists of various key government officials, including the President, Deputy President, Cabinet Secretaries responsible for defense, foreign affairs, and internal security, as well as the Attorney-General, Chief of Kenya Defence Forces, Director-General of the National Intelligence Service, and Inspector-General of the National Police Service. The Council exercises supervisory control over national security organs and integrates domestic, foreign, and military policies to enhance cooperation and effectiveness among these organs. In conclusion, Chapter Fourteen of the Kenya Constitution, titled "National Security," provides a comprehensive framework for the protection and promotion of national security in Kenya. It emphasizes the importance of adhering to the rule of law, democracy, human rights, and fundamental freedoms in pursuit of national security objectives. The chapter also ensures diversity and inclusivity within national security organs, reflecting the rich cultural tapestry of the Kenyan people. 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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