Every person shall enjoy the rights and fundamental freedoms in the bill of rights to the greatest extent consistent with the nature of the right or fundamental. Kenya s new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenya s independence in 1963. Oct 09, 2017 the bill of rights in the constitution of kenya 2010 is unique in a number of critical respects. The proposed constitution of kenya in sec 244 exempts a section of society that profess islam as their religion from broad sections of the bill of rights that relate with personal status, marriage, divorce and inheritance. The proposed constitution of kenya in sec 170 provides for the establishment of kadhi courts. It gives kenyan citizens the freedom to exercise their sovereign power directly indirectly or by exercising their democratic rights. Kenya national human rights and equality commission. The bill of rights is an integral part of kenyas democratic.
Making the bill of rights operational kenya national. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. A new era in human rights promotion and protection in kenya. Kenyas 2010 constitution christina murray published in 20 61 neue folge band jahrbuch des offentlichen rechts 747 788. The bill of rights also comes with viable enforcement apparatuses. Lets take a closer look at 10 of the provisions that the newly promulgated kenyan constitution of 2010 sets forth in terms of protecting the dignity of kenyans all over the land. The reach of the bill of rights into personal legal. It requires all sitting judges to be vetted to determine their eligibility to continue to serve.
In the freedom of the world index for 2017, kenya held a rating of 4 for civil liberties and political freedoms, in which a scale of 1 most free to 7 least free is practised. A new constitution for kenya africacan end poverty. Jul 04, 2014 under the 2010constitution the bill of rights is represented as an integral part of the countries values and aspirations. Regulation of sexual orientation in africa in historical perspective. The hastily offered security bill infringes on many basic rights and freedoms protected in kenyas constitution and international human rights law, said leslie lefkow, deputy africa. The stubborn tribal politics of kenya found a way to circumvent the democratic dictates of the bill of rights. It must ensure kenya complies with human rights treaties. Oluoch outlined the patients and the healthcare workers rights as per the existing legal framework. Kenya s constitution promulgated in 2010 covers animal rights both domestic and wild animals.
Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Rights iccpr, the african charter on human rights and peoples rights and the african union convention governing the specific aspects of refugees. Chapter fourthe bill of rights part 1general provisions relating to the bill of rights. The bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. The promulgation of this new constitution marked the end of one of the longest journeys in kenyan history. The status of international law in kenya by maurice oduor. Kenya the constitution of the republic of kenya, 2010. This contains far reaching commitments to a wide range of rights and an ambitious vision of social equity and has the real potential to address historical injustices and grievances. Security bill tramples basic rights human rights watch. The independent kenya national human rights and equality commission role is to promote, in several ways, respect for, and develop a culture of, human rights, in not only public, but also private, institutions. Feb 07, 2014 the constitution of kenya, promulgated in 2010, was as a result of a long journey and quest for kenyas own constitution since independence.
In chapter 5 part 2 environment and natural resources, the constitution obligates the state to protect biodiversity. The rights are vast and range from the areas of citizenship, equal rights to ownership of property including land, right. Recognition of the equal rights of women and men as expressed in the constitution is imperative towards achieving full empowerment of women. The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all. In august of 2010, kenya promulgated a new constitution. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. This provides courts with the opportunity to seek inspiration from the nonmunicipal legal framework when resolving disputes. The constitution has been changed many times since then. The constitution of kenya 2010 in article 278 of the bill of rights provides that. Kenya s 2010 constitution offers some interesting and innovative insights and ideas. Although the constitution is domesticated in the sense that it has elaborate laws of the soil it can be referred to as a hybrid of international legal instruments. A comparative analysis on implementation of human rights. Kenyas 2010 constitution uct faculty of health sciences.
Download kenya national social protection policy pdf, 2. Aug 05, 2010 if accompanied by strong followup action, the new constitution will improve kenya s prospects for democracy, justice and respect for human rights, said njonjo mue, head of the kenya chapter of. New constitution means major changes for kenya voice of. The new constitution was approved by 67% of kenyan voters. Access to information kenya law reform commission klrc. Did you know that kenya got a new constitution in 2010. Among other things, this constitution ushered in a new set of national values, a new bill of rights and a new system of government.
Sovereignty of the people and supremacy of the constitution. Article 21 establishes the progressive realization of social and economic rights and obligates the state to observe, respect, protect, promote, and fulfil the rights and fundamental freedoms in the bill of rights. Kenya national social protection policy national social. Part 1general provisions relating to the bill of rights. Justice willy mutunga perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the kenyan constitution sets.
The kenya national commission on human rights knchr is established pursuant to article 59 4 of the constitution of kenya 2010. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. In a major leap, the 2010 constitution of kenya recognises international law as part of the domestic legal order. It exhibits the following salient features it has an exhaus. Article 241 of the constitution of kenya provides that, a right or fundamental freedom in the bill of rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors. Article 59 4 of the constitution of kenya, 2010 mandates parliament to enact legislation to give full effects to the bill of rights and implementation of the functions of the kenya national human rights and equality commission. The state shall take legislative and other measures to implement the principle that not more than two thirds. P art 1g eneral p rovisions r elating to the b ill of r ights. Aug 11, 2010 the new document contains kenya s firstever bill of rights, which states that every kenyan has the right to such basics as clean water, decent housing, sanitation, and an adequate supply and. Kenya s 2010 constitution departs from its predecessor by extending the reach of its bill of rights to the private sphere of legal relations. In a historic constitutional referendum on 4th august, 2010, sixtyeight percent of kenyans who. It reset the relationship between the citizen and the state and reconfigured both.
Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Can ethnic democracy in kenya succeed where bill of rights. In the constitution of kenya, human rights are enshrined as basic, inalienable and democratic right of the citizens. The constitution establishes the basic principles that set the foundation of the employeremployee relationship. Improving access to justice in kenya through horizontal. The new constitution of kenya an analysis by christopher ram.
The constitution of kenya, 2010 amendment bill, 2015 2 the constitution of kenya, 2010 amendment bill, 2015 a bill for an act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Some of the laws discussed included the constitution of kenya 2010, the kenya national patients rights charter, the african charter on human and peoples rights, the medical practitioners and dentists act and the health bill. The bill of rights is one of the most comprehensive in the world covering basic, socialpolitical and economic rights. Aug 27, 2010 kenyans hope that the new constitution, to be signed into law on friday, will be the beginning of real change, reports peter greste in nairobi. Kenyas new constitution was enacted on 27th august 2010 replacing the old one that had been in place since kenyas independence in 1963. The first constitution was written in lancaster, britain, in 1962. The 2010 constitution of kenya and its interpretation.
The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution of kenya written by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in june 2010. Jan 08, 2019 the constitution creates a series of devices to protect rights. During the typing of the proposed new constitution at the government printer prior to the referendum, forces. Will kenyas 2010 constitution work for women and children. The individual rights logic of the constitution was trumped by ethnic politics in 20. Clause 3 of article 19 makes it clear freedoms of the bill of rights.
Cic kenya commission for the implementation of the. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was subjected to a referendum on 4 august 2010. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. A constitutional referendum was held in kenya on 4 august 2010. Honouring those who heroically struggled to bring freedom and justice to our land. Chapter i sovereignty of the people and supremacy of the constitution chapter ii the republic chapter iii citizenship chapter iv the bill of rights chapter v land and environment. The constitution was promulgated on 27 august 2010. Enforcement of bill of rights 1 every person has the right to institute court proceedings claiming that a right or fundamental freedom in the bill of rights has been denied, violated or infringed, or is threatened. Human rights as applied in the new kenyan constitution of 2010. It is this aspiration that the kenyan bill of rights in the new constitution seeks to fulfill and which it does to a great extent not seen before in kenya s history.
On 27 august 2010, to domestic and international acclaim, president kibaki of kenya formally promulgated a new kenyan constitution at a public ceremony in nairobi attended by thousands of people. Kenyas new constitution sparks hopes of rebirth bbc news. International human rights instruments as sources of kenyan. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble. Aug 06, 2010 kenya has been reborn, declared kiraitu murungi, the energy minister, shortly before final results were announced thursday showing that the new constitution had passed, with 67 percent of. New laws would undermine basic rights human rights watch. This complete constitution has been generated from excerpts of texts from the repository of the. The constitution of kenya, which took effect 27 august 2010, does not expressly protect the rights of lgbti persons because, according to the experts who drafted the constitution, a majority of kenyans would have rejected the constitution in the referendum to adopt it. It is hard to imagine a future kenya where these constitutional changes do not have an impactfor the better.
A new era in human rights promotion and protection in. Part 2 of chapter 4 covers rights and fundamental freedoms. Jun 02, 2017 fundamental and essential human rights in kenya are covered in chapter 4 of the kenyan constitution that came into effect in 2010. Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. Constitution of kenya 2010 wikisource, the free online. It protects the rights of citizens, and particularly women and vulnerable groups, through an ambitious bill of rights. Aug 31, 2016 the 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Kenyas new constitution benefits indigenous peoples. Jul 24, 2017 human rights in kenya have been a contentious issue for the longest time fortunately, the newlyminted and implemented kenyan constitution of 2010 seeks to address the problems that have plagued kenya in this regard. Human rights in kenya internationally maintain a variety of mixed opinions. The bill of rights sets out fundamental rights and freedoms that belong to each and every individual in kenya. The information and communications amendment bill of 20 was passed by parliament on october 31, 20, but has not yet been signed by the.
It applies horizontally to private law and conduct, thereby binding private actors both directly and indirectly. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution of kenya written by the committee of experts initially released to the public on november 17, 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in june 2010. This is a document that contains laws on how the kenyan country should be governed. Constitution online official law reports of the republic of kenya, kenya law reports pdf consulted on 2010 1018 abstractcitation. However, the manner in which the constitution incorporates international law is ambiguous and confusing. Specific application of rights under article 52, the new constitution of kenya 2010 offers special application of rights, for greater certainty, to the following groups of persons. Bill of rights, 2010 constitution, vertical and horizontal application, limitation of rights, generations of rights, derogation, constitution of kenya, bill of rights of kenya, kenya s repealed constitution. The bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. Chapter four the bill of rights kenya law reform commission. Kenya constitution bill of rights is an integral part of kenya s democratic state and is the framework for social, economic and cultural policies. Kenyans approve new constitution the new york times. The 2010 edition replaced the 1963 independence constitution. Its purpose being to preserve the dignity of individuals and communities and to promote social justice and realization of the potential of all human beings. Enacted by the parliament of kenya as follows short title.
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