Kenya Constitution

The Constitution is the supreme law of Kenya. The current Kenya Constitution was enacted on Independence Day, December 12th, 1963. There have been several amendments to the Constitution since then with the most current and effective Kenya Constitution having been revised on 2001. In November 2005, in a nation-wide referendum, Kenyan voters rejected a government-backed proposed new constitution.

The Kenyan Constitution comprises the following Chapters:

Chapter I - The Republic of Kenya
Chapter II - The Executive
Chapter III - Parliament
Chapter IV - The Judicature
Chapter V - Protection of Fundamental Rights and Freedoms of the Individual
Chapter VI - Citizenship
Chapter VII - Finance
Chapter VIII - The Public Service
Chapter IX - Trust Land
Chapter X - General
Chapter XI – Transitory

You can read specific details of each chapter or download a pdf copy of the Constitution of Kenya (2001) revised edition from the Parliament of Kenya website at http://www.bunge.go.ke/constitution_2001.php

The first chapter-The Republic of Kenya-declares Kenya's sovereignty as a republic and institutes the constitution as the supreme law of the country. The Chapter also asserts that Kenya is multiparty democratic state.

Structure of the Kenyan Government

The second, third and fourth chapters establish the structure of the Kenyan government. The three Branches of the government are the Executive, the Legislative (Parliament) and the Judiciary.

The Executive

The Executive arm of Kenya government consists of the President, the vice-President, Ministers and the Assistant Ministers. The president of Kenya is the Head of State, Head of Government and Commander in Chief of the armed forces. The President is elected directly by the people for a five year term. A person can serve as President for a maximum of two terms.

The Vice-President is the President's Chief Deputy. The president appoints the Vice-President and the Ministers from among Members of the National Assembly.

Parliament

The National Assembly, Parliament, is the law making branch of Kenya's government. Kenyan parliament has only one chamber. The Speaker is the leader of Parliament and is chosen by the members of the National Assembly.

Kenya Parliament controls Government expenditure by debating and approving the budget prepared by the Minister in Charge of Finance. The National Assembly can also pass a vote of no confidence on the Government, which may lead to the resignation of the Government.

Kenya is divided into several constituencies (currently 210). Each constituency elects one Member of Parliament (MP) for a five-year term after which the MPs face re-election. The constitution of Kenya also provides for the nomination of 12 MPs to represent special interests. These 12 MPs are nominated by political parties according to their proportion in parliament.

The Judicature

The judiciary consists of all the courts and officers of the courts. The Chief Justice is the head the Judiciary and is appointed by the President. The President also appoints Judges of the High Court and the Court of Appeal upon advice from the Judicial Service Commission.

Structure and Jurisdiction of Kenyan Courts

The Court of Appeal is the highest Court in Kenya. It is presided over by the Judges of Appeal. The Court of Appeal has only appellate jurisdiction meaning it only attends to appeals from the High Court. Kenya Court of Appeal sits mostly in Nairobi, the capital of Kenya but travels on circuit to other principal towns in Kenya to hear appeals.

The High Court is the second highest court and is presided over by judges of the High Court (puisne judges). The high court can attend to any civil case. In criminal matters however, Kenya High Court only hears cases of murder and treason. On all other criminal cases, the High Court only attends to appeals from subordinate courts.

Subordinate Courts

The Kenyan constitution leaves it upon parliament to establish the subordinate courts. Under existing Kenyan laws, the subordinate courts are presided over by magistrates. There are several levels of the magistrate's courts hierarchy, with the Chief Magistrate's court being the highest, and the District Magistrate's courts being the lowest.

Kadhi's Courts are subordinate courts that determine cases relating to personal status, marriage, divorce and inheritance in proceedings in which all the parties profess the Muslim religion.

Fundamental Rights and Freedom of Kenyan Citizens

Chapter V of the Kenya Constitution protects the basic rights of every Kenyan citizen. Among the rights and freedoms enumerated in this chapter are:

Right to life
Personal liberty
Freedom from slavery and forced labour
Protection from inhuman treatment
Protection from deprivation of property
Protection against arbitrary search or entry
Freedom of conscience
Freedom of expression
Freedom of assembly and association
Freedom of movement
Protection from discrimination on any grounds including of race, religion etc

Citizenship

The constitution of Kenya prohibits dual citizenship. A Kenyan citizen therefore cannot at the same time be a citizen of another country. A person can become a Kenyan citizen by birth or naturalization.

Extra Resources

The symbols of nationhood: The flag and the National Anthem of Kenya

http://kenya.rcbowen.com/constitution/

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