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 This provision signifies that the old constitution is no longer in force and has been replaced entirely by the new constitution.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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