The Constitution of Kenya [PDF]

- Did you know that Kenya got a new constitution in 2010?

- This is a document that contains laws on how the Kenyan country should be governed. It gives Kenyan citizens the freedom to exercise their sovereign power directly indirectly or by exercising their democratic rights.

- On August 4th 2010, the people of Kenya voted and passed a new constitution.

The-constitution of Kenya [PDF]

Constitution of Kenya summary

- Sovereignty of the people and the supremancy of this constitution.

- The constitution states taht all sovereign power belongs to the people of Kenya.

- The constitution is the supreme law of the republic and binds all persons and state organs at both levels of government and the defence of this constitution.

 

The Republic of Kenya

- The constitution says that Kenya is a sovereign Republic. That is, Kenya is not ruled by another country. It then states that Kenya is a multi-party democratic state.

 

The Executive

The constitution outlines the composition and functions of the Executive arm of government. This includes the President, the Deputy President, the cabinet secretaries, and the Attorney General.

 

The Legislature

In the constitution the Legislature has two houses: The National Assembly and the Senate. It outlines the composition of each house and how one can become a member or lose membership.

 

The Judiciary

The constitution provides for the establishment of the various courts including the superior and subordinate courts. It also provides for the appointment of the Chief Justice and judges; their responsibilities and the conditions under which they may be removed from office.

 

Devolved government

It entails the objects and principles of develved governments, county governments, functions and powers of the county governments, boundaries of counties, relationship between county and national goverments, suspensions of a county government and qualifications for election as member of County Assembly.

The Bill of Rights

All the rights and freedoms of an individual are outlined here.

It also states how people should exercise these rights and how they are protected

Citizenship

It outlines how one becomes a citizen and how one can lose citizenship.

 

Public Finance

It outlines processes through which the government acquires funds and how such funds are used.

It also includes the procedures of controlling the use of government funds through the Controller of Budget and Auditor-General.

 

The Public Service

There are various services under the public service which include, the Public Service Commision, Teacher Service Commission (TSC)

Land and environment

In the constitution land is classified as public, community and private land. It also outlines how people can use and protect the environment.

  

Leadership and integrity

The constitution requires that all officers occupying public offices execute their duties honourably. 

Representation of the people

The constitution gives citizens the freedom to exercise their political rights through elected members of the National Assembly, the Senate and the County Assembly which have representations of marginalised groups like women, youths and persons with disabilities.

 

National security

The constitution provides structures through which the state and its citizens are protected against both internal and external attacks.

 

Commissions and independent offices

It outlines the composition and functions of the various commissions, for example, The National Land Commission and the Independent Electoral and Boundaries Commission.

 

Amendment of this constitution

The Constitution of Kenya can only be amended in two ways. That is, amendment by parliamentsry initiative and amendment by popular initiative.

 

General provisions

Outlines the enforcement of the constitution, the manner in which the constitution shall be interpreted, the terms used in the constitution and how they are rightly interpreted.

It is important the every Kenyan should know their rights and responsibilities under the Constitution.

Importance of the Constitution

• Is the highest law of the land and all the other laws made conform to it.
• Describes the structure of the government.

• Outlines the operations and powers of all organs of government.
• Outlines the rules and regulations on how politics of a country are to be conducted.
• Outlines the rights and freedoms of citizens.
• Outlines the controls against abuse of power by those in leadership.

• Describes the composition and functions of the Legislature, the Executive and the Judiciary.
• Describes the court system and the powers of different courts.

• Outlines ways that the government is allowed to acquire and spend funds.
• Describes property ownership system.
• A country without a constitution would be chaotic because it would mean that there are no regulations to control the behaviour of its citizens.

By accepting the new constitution Kenyans usher in a new dawn.