The constitution of kenya is the supreme law of the republic of kenya there have been three significant versions of the constitution, with the most recent redraft being enabled in 2010 the 2010 edition replaced the 1963 independence constitution. Get this from a library new constitutional law of kenya : principles, government and human rights [morris kiwinda mbondenyi j osogo ambani] -- the golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic. Real estate, employment and probate law firm in kenya +254 (720) 885266 balala & abed advocates is a civil law practice firm located in mombasa, kenya practice areas include securities and banking law, commercial and individual real estate, labour and employment law, probate and estate administration, torts, and insurance claims. Contact details madaraka estate ole sangale road, po box 59857, 00200 city square nairobi, kenya tel: 0703-034000, 0703-034200. Supremacy of the constitution is provided for in the constitution under art 2(1) which states that the constitution is the supreme law of the republic and binds all persons and state organs at both levels of government.
Revised edition 2010 (current to 2014), published by the national council for law reporting with the authority of the attorney general the constitution entered into force on 27 august 2010. Chapter four - the bill of rights chapter four - the bill of rights. The kenyan president, mwai kibaki, signs the new constitution into law photograph: dai kurokawa/epa tens of thousands of kenyans braved the cold and rain to celebrate the signing into law of a. Customary law and women’s rights in kenya dr winifred kamau, phd 1 introduction: the need to reconcile customary law and women’s rights 7 the proposed constitution of kenya was ratified in a referendum held on the 4th august, 2010 and was thereafter promulgated as the constitution of kenya, 2010 on 27th august, 2010.
(b) the lasting impact, if any, of colonialism on kenya's constitutional development (c) the role of custom and culture, if any, in kenya's constitutional development (d) the impact, if any, of civic education preceding kenya's recent constitutional referendum. The constitution of kenya, 2010 we, the people of kenya— acknowledging the supremacy of the almighty god of all creation: honouring those who heroically struggled to bring freedom and justice to our land: proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:. Constitution of kenya, article 45: family (1) the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the state. Federal constitution – is the supreme law of the land (article 4 states that any law passed after merdeka day which is inconsistent with the constitution shall, to the extent of inconsistency, be void) by virtue of the case, suderinder singh v government of federation of malaya (1962) mlj 169.
Draft constitution of the national constitutional conference in september 2002 the “constitution of kenya review commission”, appointed by the parliament and the president, submitted a draft bill of the constitution of the republic of kenya to the national constitutional conference (ncc. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this. Abstract in a major leap, the 2010 constitution of kenya recognises international law as part of the domestic legal order this provides courts with the opportunity to seek inspiration from the non-municipal legal framework when resolving disputes. Constitutionalism is the idea, often associated with the political theories of john locke and the founders of the american republic, that government can and should be legally limited in its powers, and that its authority or legitimacy depends on its observing these limitations.
The kenya constitution is the supreme law of kenya it establishes the structure of the kenyan government, and also defines the relationship between the government and the citizens of kenya. Any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid (5) the general rules of international law shall form part of the law of kenya. The rights and fundamental freedoms flow from judicial decisions that is the law of the constitution is the result of the ordinary law of the land 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. Basic rights charter for kenya, may 2002 : proposed for adoption as part of an expanded bill of rights within the new constitution of kenya (a) by the basic rights steering committee call number: law library ksk2095 b373 2002.
This page refers to the constitution of kenya, 2010 that was endorsed on 4th august 2010 kenya also has old constitution of kenya, the bomas draft and the wako draft (which was subjected to the referendum on 21st november 2005. The constitution of kenya review commission (referred to hereafter as the commission) is created by the constitution of kenya review act (cap 3 a) and derives its whole mandate from this act the broad task of the commission is to serve as an instrument for the comprehensive review of the constitution by the people of kenya (long title to. Kenya human rights commission, independence without freedom: the legitimization of repressive laws and practices in kenya, in constitutional law and politics in africa: a case study of kenya 113, 122 (kivutha kibwana ed, 1998.
Topics index constitutional law constitutional law the justices are likely to strike down a law that clashes with the freedom of speech on kenya, american law, voting, russia, data. The government of kenya has a lot of places that it uses to pass and amend the laws to be followed by the citizens of the country the following list comprises some of the major sources of law in the country the constitution it is a formal document that defined the rules and re.
Laws of kenya the marriage act chapter 150 revised edition 2008 (1984) section 1-short title 2-interpretation 3-registrar general 4-constitution of marriage districts 5-appointment of registrars 6- offices of registrars 7-licensing of places of worship preliminaries to m law to any person other than the person with. Stanford libraries' official online search tool for books, media, journals, databases, government documents and more. A handbook on kenya’s electoral laws and system highlights of the electoral laws and system established by and under the constitution of kenya 2010 and other statutes ©electoral institute for sustainable democracy in africa (eisa) ongoya, z elisha & willis e otieno.