Constitution of Kenya: Laws and Provisions
The Constitution of Kenya is the supreme law of the Republic of Kenya. It was promulgated on August 27, 2010, after a referendum approved its adoption. The Constitution contains 18 chapters, divided into 258 articles. It outlines the fundamental rights and freedoms of citizens, defines the structure of government, and establishes the separation of powers between the executive, legislative, and judicial branches.
Key Provisions of the Constitution
Bill of Rights (Chapter 4)
- Provides for a range of fundamental rights and freedoms, including the right to life, liberty, equality before the law, freedom of expression, religion, and assembly.
- Establishes the right to fair trial, due process, and access to justice.
- Protects against discrimination based on race, gender, religion, age, or disability.
Structure of Government (Chapters 7-12)
- Defines the roles and responsibilities of the three branches of government:
- Executive (President and Cabinet)
- Legislative (National Assembly and Senate)
- Judicial (Supreme Court, High Court, and other courts)
- Establishes a bicameral parliament with a National Assembly (349 members) and a Senate (67 members).
- Creates an independent Judiciary and sets out the principles of judicial independence and accountability.
Devolution (Chapter 11)
- Decentralizes governance by creating 47 counties, each with an elected governor and county assembly.
- Transfers significant powers and resources to county governments, including health, education, agriculture, and infrastructure.
- Aims to promote equal development and economic growth throughout the country.
Land and Natural Resources (Chapter 5)
- Recognizes the importance of land and natural resources to the well-being of Kenyans.
- Protects the right to land ownership and provides for land reforms to address historical injustices.
- Establishes the National Land Commission to manage and allocate public land.
- Creates the Environment and Natural Resources Court to handle disputes related to environmental protection and conservation.
Other Important Provisions
- Chapter 6: Citizenship and Immigration
- Chapter 9: Leadership and Integrity
- Chapter 10: Public Finance
- Chapter 13: National Security
- Chapter 14: Independent Institutions
- Chapter 15: Amendments to the Constitution
- Chapter 16-18: Miscellaneous and Transitional Provisions
Enforcing the Constitution
The Constitution establishes the Supreme Court as the highest court in the land, with the authority to interpret the Constitution and annul laws found to be unconstitutional. Citizens can file petitions to challenge the validity of laws or government actions that violate their constitutional rights.
The Ethics and Anti-Corruption Commission (EACC) is tasked with investigating and prosecuting corruption and enforcing the principles of leadership and integrity.
Amendments to the Constitution
The Constitution can be amended through a strict process that involves a two-thirds majority vote in both the National Assembly and the Senate, followed by approval in a national referendum.