benefits of the constitution of kenya, 2010

(1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. 26—Right to life. Devolution is one of the most transformative changes to Kenya’s governance system brought about by the Constitution of Kenya, 2010. Through this process, the Government has identified several key social protection actions in the areas of social assistance, social security, and health insurance. 5 ISBN: 9966-957-20-0 Constitutional implementation in Kenya, 2010-2015: Challenges and prospects Prof Ben Sihanya, JSD (Stanford) Scholar & Public Intellectual, Intellectual Property, It lists the following which are derived from United Nations Universal Declaration of Human Rights and European Convention of Human Rights: 1. 7. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution. Year: 1969. Kenya developed and promulgated a new Constitution in 2010, the country still suffers from traditional power imbalances between the male and female gender; resource distribution continues to entail a dark lining of inequality based on region, ethnicity, Magistrates’ courts also hear all civil cases except those limited by statute. The Constitution creates a series of devices to protect rights. 2010 programme for the registration of title in land throughout Kenya; (d) to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; (e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; (f) to … The right to social protection is explicitly guaranteed in the Constitution of Kenya of 2010 (Article 43 [1e]). (2) The purpose of low absorption of funds by Ministries, Departments and Agencies and County entity. Kenya’s 2010 constitution eased the country’s severe restrictions on abortion, legalizing safe abortion services when the life or health of a woman is in danger and in cases of emergency—a measure aimed at decreasing the country’s high rates of … Full text (scan – large file) : Kenya Constitution Act No. First laws: 1965 (social security) and 2010 (constitution). “We need to strengthen the 2010 constitution if we are to continue our decades-long journey in seeking to advance the wellbeing of all Kenyans,” he said. This analysis by Christopher Ram is a brief overview of the 2010 Constitution. I am often asked whether Kenya's new constitution, approved in a referendum in August 2010, will actually improve governance in Kenya. Human dignity 4. 3 . 10. The Constitution of Kenya, 2010. It was promulgated on August 27, 2010 at a euphoric ceremony in Nairobi’s historic Uhuru Park. Dual citizenship is the status of being a citizen of two different counntries. Consequently, as an effort to further guarantee the same this Policy seeks to outline the legal framework for the enforcing the right to 31. In conformity with this provision, Kenya Revenue Authority (KRA) embraced the use of ADR in resolving Tax and Customs disputes in the year 2015 and has made tremendous steps in this area. development of Kenya in the fourth revolution. National values and principles of governance. The 2010 Constitution of Kenya is among the most progressive constitutions in the world that guarantees basic human rights and gives citizens enormous powers to determine how they are to be governed. Freedom and security of the person. The Constitution of Kenya 2010 Why Linda Katiba. It devolves power to 47 elected county governments, introducing for the first time in Kenya a meaningful decentralization. (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70. The new constitution is a huge improvement on the previous constitution. Tribunals, however, do not have penal jurisdiction.Tribunals, like the courts, have to respect the Bill of Rights in their decisions and not be repugnant to justice and morality or be inconsistent with the Constitution or other laws of the land. Kenya’s Judiciary discharges its mandate through the following branches: the Court Systems (structure), the Judicial Service Commission and The National Council for … Since then, Kenyans have had a chance to elect representatives in the county government twice (2013 and 2017). as amended by Public Service (Amendment) Act, 2010 - 1 Arrangement of Sections PART I Preliminary Section 1. Like other Democratic Constitutions, the Constitution of Kenya provides for the Rights and fundamental freedoms of the individuals. Over the past several decades, Kenya has become an economic hub in East Africa. 28—Human … 3. (b) secure the observance by all State organs of democratic values and principles; and. The President said BBI is aimed at strengthening Kenya’s constitutional configuration by amending identified provisions in the 2010 constitution. When Kenyans overwhelmingly voted for the constitutional text in 2010, the hope was that cycles of violence, poverty, bad governance, poor economic policies, imprudent use of natural resources and perennial famines would cease. The 2010 constitution affirmed the rights of trade unions to establish their own agendas, bargain collectively, and strike. An Act of Parliament to establish a Retirement Benefits Authority for the regulation, supervision and promotion of retirement benefits schemes, the development of the retirement benefits sector and for connected purposes [L.N. While institutionalization of equity is acknowledged by the previously marginalized, this is often not the case with beneficiaries of the old order. (b) are independent and not subject to direction or control by any person or authority. This led to a clamour for land reforms which eventually yielded the Kenya National Land Policy (NLP) adopted in 2009, and a comprehensive treatment of land in the Constitution of Kenya promulgated in August 2010. (3) Community land shall vest in the community and maybe held under any of the following tenure system— (a) customary; P. art. 7 of 1998, Act No. Regions: East Africa, Kenya. The Kenya Labour law (also spelled as "labor" law or called "employment law") mediates the relationship between workers (employees), employers, trade unions and the government. amounted to a breach of Article 27(1) of the Constitution of Kenya 2010 that provides the right to equal protection and benefit of the law. 1 This means that there is 1 Art. Some of the Articles of the constitution emphasizing the need for environmental conservation include. 1 The 2010 Constitution replaces the first Constitution of Kenya, which came into force in 1963. The proposed constitution of Kenya states: " A citizen by birth does not loose citizenship by aquiring the citizenship of another country. On 27 August 2010 Kenya adopted a new Constitution to repeal the old Constitution, this heralded a new era of constitutional change. According to Black’s Law Dictionary Public interest is defined as “the general welfare of the public that warrants recognition and protection” or “something in which the public as a whole has a stake, especially an interest that justifies governmental regulation”. Population. Freedom of conscience, religion, belief … Chapter 5 of the Constitution of 2010 Article 62 states that “all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.”4 Thus, land is classified as public land, private land and community land.5 Head of the Public Service and the special powers of the Head. (2) The commissions and the holders of independent offices—. (2) Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Various provisions highlights how the issues of Affirmative Action have been acknowledged,… In order to efficaciously implement the letter and 2. g) Retention in the Medical Practitioners and Dentist Board register. The most important of these is the promulgation of the 2010 Constitution which enshrines a … Application. This means that it seeks to bring large-scale egalitarian socioeconomic and political change in Kenya. 29. Country/Territory Kenya Document type Constitution Date 2010 Source FAO, FAOLEX Subject Agricultural & rural development, Environment gen., Food & nutrition, Land & soil, Water Abstract. It enshrines the equality of men and women. the new Constitution should have established principles for giving redress to victims of past human rights violations and economic crimes. It is historic for its elaboration of basic structure doctrine. It subjects the presidency to more checks and balances. The Kenya constitution 2010 gave a lot of emphasis on environmental conservation and sustainable development. Hailed as a ‘Green’ Constitution, it embodies elaborate provisions with considerable implications for sustainable development. The Petitioners displayed industry in taking advantage of article 2(5) (6) of the 2010 Constitution of Kenya which provides that the ‘general rules of international law’ and ‘any treaty or convention ratified by Kenya’ shall form part of the law of Kenya. Other 23.6% (1.05 million people). There are 116 court stations manned by at least 455 magistrates. Slavery, servitude and forced labour 6. Challenges Facing Devolution in Kenya. Article 41 in the Constitution of Kenya 2010 on Labour relations and the establishment of the Industrial Court through the Industrial Court Act No. [Rev. 2012] Constitution of Kenya, 2010 Const2010 C35-03[Issue 1] CONSTITUTION OF KENYA ARRANGEMENT OF ARTICLES PREAMBLE CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION Article 1. Sovereignty of the people. 2. Supremacy of this Constitution. Second, the successful advancement of the 2010 constitution offers potential economic and social development benefits and help in reversing high levels of inequality in Kenya. Moreover, Kenya is at a critical stage of implementing the devolved system of governance as espoused in the Constitution of Kenya 2010 (Wanjau, Principles: The Constitution presupposes that every US Citizen is entitled to a life of liberty and the pursuit of happiness. The Kenyan Constitution states that every Kenyan has a right to quality and affordable health care, and recognizes the role of the government in removing barriers to access. The debates on the implementation of Kenya’s Constitution (2010) continue unabated, three years after the promulgation of what was celebrated as a document meant to recognize and secure the rights of women, and indeed all groups and individuals in the country. 36. It is a deeply historical reading that enables us to see what the Kenyan people meant when they gave themselves the 2010 constitution. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. Freedom and security of the person 5. NAIROBI, Aug 6 2010 (IPS) - A day after Kenyans voted to accept a new constitution, women across the country speak about their hopes and expectations. The Constitution is unclear on which of the two houses is superior. The new constitution is a huge improvement on the previous constitution. i) Evidence in knowledge and proficiency in computer applications. However, many segments of the population have minimal access to high-quality healthcare and social services. (1) Community land in Kenya shall vest in the Community. Freedom of conscience, religion, belief and opinion. 129. of politics within the Constitution of Kenya 2010. As provided in Article 244 of the Constitution, the National Police Service (NPS) The case of Elizabeth Chazima could stand for the story of millions of women in Kenya who have been robbed of their financial contributions to matrimonial assets. including the Constitution of Kenya, the Vision 2030, Medium Term Plan II and Health Sector plans. h) Professional Indemnity Cover. Among other things, this constitution ushered in a new set of national values, a new bill of rights and a new system of government. As part of the Agenda IV items, which were largely about reforming institutions of the judiciary, police, civil service and such others, IPOA was instituted. 20 of 2011 with the same status as the high Court, further enforces and guarantees labour rights providing a better environment for pursuing labour Cases. With a … 2010 National Kenyan Constitution recognizes disability rights. ... and ensuring the equitable sharing of the accruing benefits; 2. Since independence, the Kenya parliament has been dominated by male parliamentarians. It must ensure Kenya complies with human rights treaties. Constitution of Kenya. Freedom of association. The Constitution secured devolution to facilitate citizens’ participation in governance as a basic principle and value outlined in the Constitution. The Constitution of Kenya . Constitution of Kenya – Article 225(7) The Controller of Budget also gives advice to government entities on improving budget implementation e.g. 5 of 1969. The National Land Commission is responsible for administration of public land. Constitution of Kenya (2010), Article 26(4) Article 26(4). E. Policy development and implementation 163 2(6) of Kenya’s 2010 Constitution, available at 37. A Magistrate’s Court has the authority to hear all criminal cases except murder, treason and crimes under international criminal law. A pie chart displays percentages of disability types represented in the disabled population. (c) makes or implements public policy decisions. Themes: Acquisition of nationality, Loss and Deprivation of Nationality. John Harrington is Professor of Global Health Law at Cardiff University. (2) Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well-being and benefit. Kenya’s 2012 land laws provided the enabling legislation to put the new principles and procedures into practice. Themes: Acquisition of nationality, Loss and Deprivation of Nationality. The two third gender rule requires that not more than two thirds of any elective or appointive position in the government of Kenya … All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. The BBI is the driver to the first amendment to the 2010 Constitution. LAWS OF KENYA The ConsTiTuTion of Kenya Revised Edition 2010 Published by the National Council for Law Reporting with the Authority of the Attorney General The Centre-piece of anti-corruption and public integrity reform is Chapter Six of the Constitution, the Anti-Corruption … I am often asked whether Kenya's new constitution, approved in a referendum in August 2010, will actually improve governance in Kenya. That’s why we enjoy a generous benefits program, including medical, dental, vision, life insurance, paid time off, and so much more. Kenya’s Building Bridges Initiative, which seeks sweeping amendments to the 2010 Constitution, is driven by a pact between President Uhuru Kenyatta and a … People wonder which, between the Senate and the National Assembly is more powerful. 2 Wanjiku’s Journey. In Chapter Four – The Bill of Rights. The new Constitution was approved by 67% of Kenyan voters. The key changes proposed by the new constitution released are in the following areas: Separation of Powers between the three arms of government i.e., executive, legislature and judiciary. The executive – who holds executive authority and the qualifications. The debates on the implementation of Kenya’s Constitution (2010) continue unabated, three years after the promulgation of what was celebrated as a document meant to recognize and secure the rights of women, and indeed all groups and individuals in the country. Regions: East Africa, Kenya. The framework builds on the gains made in the devolved system of planning and governance of the AIDS programmes in Kenya. (2) Subject to the provisions of this Act or any other written law, the State may regulate the use of community land in accordance with Article 66 of the Constitution. The 2010 Constitution transformed Kenya from a dualist to a monist State by providing that all treaties ratified by Kenya would form part of the law of Kenya. The new Constitution was approved by 67% of Kenyan voters and promulgated on 27 August 2010. Privacy 7. President Kibaki was prohibited by the constitution from running for a third term. 6. CHAPTER X GENERAL Resignations 121. The draft constitution was subjected to a referendum on August 4, 2010. The BBI judgment is therefore historic in two ways. Such a process, however, offers challenges to the oil industry as communities in oil regions, and their political 10 years form a good period to test whether the Constitution has achieved the transformation sought by the people. Like other Democratic Constitutions, the Constitution of Kenya provides for the Rights and fundamental freedoms of the individuals. In Chapter Four – The Bill of Rights. 249. Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes ENACTED by the Parliament of Kenya, as follows— PART I—PRELIMINARY PROVISIONS Short title. ©Anjarwalla & Khanna, 2012 LAND LAWS OF KENYA I October 2012 I Page 4 land or community land. (2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. 27—Equality and freedom from discrimination. Current laws: 2010 (constitution); and 2013 (mandatory individual account and provident fund), implemented in 2014. This provides courts with the opportunity to seek inspiration from the non-municipal legal framework when resolving disputes. In addition, Article 2(4) gives African Customary Law in Kenya the force of law same as the any other sources of law. 130. Fourth, the 2010 Constitution seeks to protect and promote the rights of its citizens in a more elaborate and substantive manner. 2012] [Issue 1] C35-04 Article 28. The 2010 Kenyan constitution was hailed as progressive for dealing with issues rarely addressed by national law. It embraces collaborative and participatory approaches in conservation and Overview. 1. LAWS OF KENYA RETIREMENT BENEFITS ACT CHAPTER 197 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General Personal experience in educational matters especially the educational processes in Kenya and the neighboring countries is also included. Wanjiku’s Journey 3 List of Abbrevia ons and Acronyms 5 ... last phase of the struggle and the content of what is now the Cons tu on of Kenya, 2010. Citizens of Kenya must exercise their constitutional rights and the right to self-determination to enforce a free and equal society as provide in the Constitution of Kenya 2010, a society where the rule of law is the standard to which all institutions and persons are held. Kenyan law system today is therefore significantly based on the Constitution of Kenya 2010 and other Acts of Parliament. However, labor leaders sometimes experience intimidation, notably in … Provides –‘Any treaty or convention ratified by Kenya shall form part of the Law of Kenya under this Constitution. In August of 2010, Kenya promulgated a new constitution. Constitution of Kenya, 2010 [Rev. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Slavery, servitude and forced labour. There are many people who seem to believe that it will not. The Institution of Surveyors of Kenya (ISK) is a land sector professionals’ organization made up of Valuers, Land Surveyors, Geomatic Engineers, Registered Estate Agents, Property Managers, Building Surveyors, Land Administration Managers and Facilities Managers. It is also premised on the Constitution of Kenya (2010) that stipulates the right to highest attainable standard of health to all citizens and guides the full engagement of counties in the national health response. This is significant because it recognizes customary tenure after decades of historical bias towards private property and brings to the fore the uniqueness of the African commons. Privacy. But it is also historic because it does history work. The 2010 Constitution is clear on the role of “culture as the foundation of the nation” and Article 11 recognises the “contribution of indigenous technologies to national development”. 2013 GENERAL ELECTION AND NEW GOVERNMENT. There are many people who seem to believe that it will not. ... Shortlisted candidates MUST present and satisfy the requirements of Chapter Six of the Constitution of Kenya 2010 during the interviews by providing original copies of the following documents: Constitution of Kenya, Vision 2030, Millennium Development Goals (MDGs), relevant international obligations, the Draft Forest Policy No. The Constitution of Kenya offers great promise. 27—Equality and freedom from discrimination. The Constitution of Kenya is the supreme law of the Republic of Kenya. Constitution of Kenya also provides for national days as paid public holidays. These range from environmental principles East Africa Civil Society Forum: We did the Strategic Plan Review (2014) for the East Africa CSO Forum. The representation of children with disability in the Kenya … 3 years ago by Julie Kwach. In a major leap, the 2010 Constitution of Kenya recognises international law as part of the domestic legal order. The coming into effect of the new constitution heralded the beginning of the Second Republic. Functions of Service Commissions. Read: Kenyan Constitution, Chapter Nine, Part 4, article 158 About Juma Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.

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