Constitutional law pdf kenya

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary. Click download or read online button to get an introduction to constitutional law book now. Constitutional and administrative law is one of the core subjects required for a qualifying law degree and so is a compulsory part of undergraduate law programmes and graduate diploma in law programmes. African states have been said to be graves of beautiful constitutions, which when promulgated, raise the spirits of the citizens but always disappoint the world as they fail to bring the. Deferral in constitutional design 9 international journal of constitutional law 2011 see e. After a strenuous journey of 20 years, perhaps longer, kenya adopted and promulgated a new constitution on 27th august 2010. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Constitutional law of kenya on devolution book, 2015.

Constitution law of kenya essay sample new york essays. Kenya country constitutional profile constitutionnet. The law determines the conditions and modalities for the conduct of elections. An introduction to constitutional law download ebook pdf.

Acknowledging the supremacy of the almighty god of all creation. General introduction an approach to the interpretation of the devolution provisions in the constitution constitutional history of devolution values, objects and principles of devolution the levels of governance, structures, institutions and systems of county governance functions. The kenya independence order in council 1963 contains the constitution of kenya, 1963 1964. Kenya the constitution of the republic of kenya, 2010. Constitutional law ii llb i part 1 is taught by prof ben sihanya. The constitution of kenya the present constitution with amendments that has been in existence since 1969. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order. Kenyas constitution in a global context international. The rejection of the draft constitution by kenyans in the referendum of 2005 meant that the 1963 constitution remained the basic law of kenya.

Transformative constitutionalism and the adjudication of constitutional rights in africa eric kibet senior lecturer, moi university, kenya charles fombad professor of law and head, constitutional law unit, institute for international and comparative law in africa, university of pretoria, south africa summary. All rwandan citizens of both sexes who fulfil the requirements provided for by the law have the right to vote and to be elected. Article vi of the constitution provides that the constitution, laws, and treaties of the u. Theories of constitutional interpretation yale law school.

It exemplified a constitutional, legal and institutional shift from a highly centralised, top down and inequitable system of governance to a devolved government that has the objective of institutionalising bottom up decision making, equitable development and. Review of john mutakha kangus constitutional law of kenya on. Dworkin argues that even in the united states, the courts are not neutral actors in interpreting the constitution. The constitution of kenya is the supreme law of the republic of kenya. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. Fidelity to law is a preeminent value in a nation that, as marshall put it in marbury, prides itself. Constitutional interpretation is the process by which meanings are assigned to words in a constitution, to enable legal decisions to be made. Iconnect developments in kenyan constitutional law. This constitution is the constitution of the republic of kenya and shall have the force of law. It is, however, very different from many of the other core legal subjects because it concentrates. Joel goldstein is primarily responsible for the first seven chapters of this 2015 supplement.

Disputed presidential election results in 2007 provoked an unprecedented wave of political violence and killings across kenya claiming over lives and causing the displacement of hundreds of thousands. Muna ndulo on ethnicity, diversity, inclusivity and constitution making in africa 17 november the library, documentation and information department of the african studies centre leiden has compiled a web dossier on african constitutions. Kamau kuria also has participated actively in the debate over the status of the kenyan constitution. Laws in kenya are formed and amended in different parts of the countrys governing system. Published by the national council for law reporting with the authority of the attorneygeneral. Suffrage is direct or indirect and secret, unless the constitution or another law provides otherwise. These hallmarks include the concept of separation of powers. Uganda christian university school of law constitutional. As such, the student is expected to grasp in fair detail the underlying factors in the development of the modern constitutional state in uganda. The republic of kenya shall be a multiparty democratic state. Administrative law, though law is different from other branches of law as some times it goes beyond the law to examine administrative circulars, policy statements, memoranda and resolution. 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. African constitutions african studies centre leiden. The first is the constitutional principle of the separation of powers.

Pdf administrative law notes kenya patrick kilonzo. Since the development of opposition to recent changes in kenya s constitutional and political systems, mr. 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. 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 dispensation. The parliament can alter constitutional principles and define new baselines for government action through ordinary legislative processes, e. Kangu, constitutional law of kenya on devolution, 64. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Knowledge of the rules of law especially constitutional and related judicial rules including the bill of rights.

Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. The content and nature of a particular constitution, as well as how it relates to the rest of the legal and political order, varies considerably between countries, and there is no universal and uncontested definition of a constitution. Kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. Y p ghai and j p w b mcauslan, public law and political change in kenya. The 2010 edition replaced the 1963 independence constitution. However, this hesitation is not satisfactory because the kenyan constitution offers a legal basis for having recourse to international law and foreign law. Finally, we are grateful to pali chheda of lexisnexis mathew bender for her skillful editing. Devolution in kenyas new constitution in 2010, on the cusp of kenya s new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenya s democratic change framework. The constitution of the republic of kenya, 1963 as. Dedman school of law at southern methodist university and of saint louis university school of law including through the latters summer research program. The proposed constitution of kenya in sec 264 reiterates and reaffirms the current kenyan penal code by stating. The constitution of kenya, revised edition 2008 2001 kenya law. He observes that a court that undertakes the burden of applying constitutional clauses fully as law must be an activist court, in the.

The second is no more than a pragmatic view about the evidential value of certain judgments of the executive, whose force will vary according to the subject matter. The kenyan constitution does not just exist as a collection of simple rules defining and granting power, but instead these rules put into practice a legal framework of principles. Dec 06, 2012 kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. The constitutional reform process in kenya, which culminated in the promulgation of a new constitution in august 2010, has been a subject of much study and scholarly deliberation. The rule of law in kenya and the status of human rights gibson kamau kuria currently lives in the united states as apolitical exile from his homeland, kenya. Fundamental rights and freedoms of the individual 70 whereas every person in kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of. The principles of natural justice are rules governing procedure and conduct of administrative bodies. Chapter twothe republic 4declaration of the republic. Constitution of kenya kenya law reform commission klrc.

This means that when there is a direct conflict between a federal law and a state law, the state law. The adoption of the 2010 constitution represented a fundamental paradigm shift in the structures of governance in kenya. Transformative constitutionalism and the adjudication of. The rule of law in kenya and the status of human rights. The kenya constitutional law focuses on the organization of the state. Official law reports of the republic of kenya, kenya law reports pdf pdf doc. The phrase is extracted from rosalind dixon and tom ginsburg, deciding not to decide. Deferral in constitutional design 9 international journal of constitutional law 2011. On the occasion of the stephen ellis annual lecture by prof. It contains titles available in the ascl library and published in the past six years. This course is a foundation course for constitutional law that will be offered in the second semester. University of nairobi law school parklands law campus, room b10 box, sarit centre, 00606 nairobi, kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.

Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. They were developed by the courts in england and imported into kenya as part of common law. The kenyan legislature consists of two bodies as established by article 93 subarticle 1 of the constitution 2010. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the peoples right to consent and certain other rights, freedoms, and privileges.

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. There is established a parliament of kenya, which shall consist of the national assembly and the senate. Constitutional law constitution of the republic of south africa, 1996 manner of reference to act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. Thus, this book is expected to contribute to this new promise by making knowledge on the constitution accessible through breaking down and contextualising its provisions. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. Broadly stated, the objective of the project was both historical and. The factual background to the legal controversy in atheists in kenya shows that at the heart of the case were conflicting attitudes towards the place of nonreligious freedom in the context of constitutional rights claims. Osogo ambani, lld cand, llm up, llb uon, lecturer, moi university school of law. Part 2 by dr kiarie mwaura as indicated in the relevant sections prof ben sihanya, jsd stanford scholar, intellectual property, constitutionalism, and education. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Law professor gerhard casper captured this aspect of the term in noting, constitutionalism has both descriptive and prescriptive connotations. The flexible or elastic constitution is the kind of constitution that can easily be changed usually, an unwritten constitution, i. International center institutional reform in the new constitution of kenya for transitional justice executive summary the passing of the constitution of kenya of 2010 and its promulgation on august 27, 2010, heralds the deep desire of kenyans, as individuals.

Oxford university, returning to kenya to teach law at the university of nairobi. This constitution is the constitution of the republic of kenya and shall have the. Even though most of us only know about the constitution, there are other many places law enforcement, the courts and our leaders in general draw guidance from whenever they want to make a decision. The following is a credible list of the sources of law kenya.