ronaldweinland.info Readers CONSTITUTION OF KENYA 2010 PDF

CONSTITUTION OF KENYA 2010 PDF

Tuesday, April 16, 2019 admin Comments(0)

The Constitution of Kenya Chapter One - Sovereignty of the People and Supremacy of this Constitution · Chapter Two - The Republic · Chapter Three -. The Constitution of Kenya Kenya National Human Rights and Equality Commission. About KLRC. > The Constitution of Kenya. > KLRC Act, (PDF). transformative change for Kenya, with its people voting to adopt a new. Constitution. This contains far reach- ing commitments to a wide range of rights and.


Author:DEBORAH OTTERSON
Language:English, Spanish, Hindi
Country:Monaco
Genre:Academic & Education
Pages:704
Published (Last):03.03.2015
ISBN:509-4-17836-966-6
ePub File Size:19.42 MB
PDF File Size:18.24 MB
Distribution:Free* [*Register to download]
Downloads:44409
Uploaded by: WALDO

THE CONSTITUTION OF KENYA, Published by the National Council for Law Reporting with the Authority of the Attorney-General ronaldweinland.info PDF | The Kenyan constitution, with discussion of the constitution-making process and its content. THE CONSTITUTION OF KENYA. Revised Edition (). Published by the National Council for Law Reporting with the Authority of the Attorney General.

Previous blog in a series: Land Tenure Issues in Taita Hills Land remains a contentious and problematic issue in Kenya, particularly land held in areas predominantly perceived as the traditional home of a community. Land reforms in Kenya were mainly run under systems set up by colonialists from as early as Through the years land laws have evolved, however, structures and methods have remained largely centralized with minimal progress towards developments in adjudication and titling. Research in Taita Hills revealed that the operation of law is a mundane process. Informal mechanisms are still used from the inheritance of ownership to dispute resolution. The community is not fully educated about their rights to land and the processes involved.

The constitution mandates Parliament to establish special courts to determine disputes related to employment and labour relations, land and environmental matters. These special courts have equal status with the High Court. The High Court does not have any jurisdiction over matters handled exclusively by these special courts.

The Magistrates courts, Kadhis' courts and the Courts Martial are the only subordinate courts established in the constitution of Kenya. Parliament will create legislation on how these subordinate courts will function. The constitution empowers parliament to establish other subordinate courts and tribunals as necessary. Kadhis' courts only determine cases related to personal status, marriage, divorce or inheritance for people who profess the Muslim religion and who voluntarily submit to the jurisdiction authority of the Kadhis' courts.

The Devolved Governments The Kenya constitution establishes 47 counties, each with its own government. County governments consist of a county assembly and a county executive.

The county assembly is made up of members elected from different wards in the county. The county governor is the head of the county executive. Voters in each county elect their governor and deputy governor directly. The governor then appoints other members of the county executive committee, with the approval of the county assembly. County governments are in charge of agriculture, health services, public amenities, county trade development and regulations, county planning and development among other services that they're mandated to provide to the residents of that county.

Some of the provisions of the new constitution of Kenya are still in the process being effected after Kenya conducted its first general elections in March under the new constitution.

A Short Note on Land Laws in Kenya

Parliament is supposed to enact legislation within five years to support its full implementation. You can download the. Related Kenya Information The history of Kenya and the founding fathers.

Religions practiced in Kenya. Under Article of the Constitution the CRA is required to consider the provisions of any Bill on the aforementioned areas and make recommendations to the National Assembly and the Senate. The CRA must also be consulted by the Senate in the division of revenue among the counties.

Under Article of the Constitution, the Senate is enjoined to request and consider the recommendations from the CRA concerning the basis of revenue sharing among the counties. Typology of Commissions and Independent Offices Schwalbe classifies commissions on the basis of the nature of their creation and functions.

Constitution of Kenya

He therefore categorises them as presidential, congressional and regulatory. According to Schwalbe, congressional commissions are established by the legislation of the Congress and are mainly tasked with making policy recommendations. In the Kenyan context, we would simply talk of parliamentary commissions.

Regulatory commissions, according to Schwalbe, have the longest tenures compared to the other commissions. Their mandate goes beyond reporting of recommendations since they may be conferred judicial, administrative and policy-making powers by the congress.

According to Professor J. Nevertheless, Rowe and McAllister note that there are difficulties in establishing a firm typology of commissions. Permanent Presidential Commissions These commissions are established by the Executive to in order to take over from the bureaucracy and they operate under specific terms of reference. He notes that they are meant to create a basis of special attention for public issues of special nature. Moreover, they ensure the application of national policy and the assertion of sovereignty in matters that are of special local importance.

Nine individuals were appointed through Kenya Gazette Notice No of They perform functions that are exercised by either the Executive or the Legislature. For instance the Kenya Meat Commission was established to download cattle and smallstock, and to acquire, establish and operate abattoirs, meat works, cold storage concerns and refrigerating works for the purpose of slaughtering cattle and smallstock, processing by-products, preparing hides and chilling, freezing, canning and storing beef, mutton, poultry and other meat foods for export or for consumption within Kenya, and to confer certain exclusive rights upon the Commission.

Although established under different Articles of the Constitutional, all the 10 commissions have been enumerated under Article As has been highlighted in this discourse, the objects for the establishment of these Commissions include: to protect the sovereignty of the people of Kenya, to secure observance of democratic values and principles by all State organs and to promote constitutionalism.

It is noteworthy that the Constitution tasked the National Assembly with enacting legislations to give full effect to the provisions relating to the Commissions. The legislations have also been enacted to make further provisions relating to the power and functions of the Commissions, qualifications and procedure for appointment to the Commissions. The Relationship between the Commissions and the Presidency, the Office of the President and the Administrative Bureaucracy In this section we consider how the commissions relate with the president, the office of the president and the administrative bureaucracy.

We begin with the commissions under the Constitution. Chapter 15 of the Constitution sets out inter alia the objects, authority and funding of Commissions; composition, appointment and terms of office; removal from office and general funtions and powers, incorporation of commissions and independent offices and reporting by commissions and independent offices to the President, National Assembly or the Senate. The President has a role to play in the appoinment of the Chairpersons to all the Constitutional Commissions.

The President also appoints members to the commissions who have been nominated by the stipulated bodies and who have been approved by the National Assembly. However, the mandate of the President under this provision was not exercised when the first chairperson to the SRC was appointed.

The Constitution required that the appointment should be in accordance with the National Accord and Reconciliation Act which has since been repealed. For instance, he receives the written notices of resignation from office by members or the chairpersons of the commissions.

On receiving the petition, the President suspends the commissioner and forms a tribunal to investigate the matter. The tribunal would then report the facts to the President and make a binding recommendation. The President is then required to act upon the recommendation within a period of thirty days.

The President thus has some authority over the commissions. In the perfomance of the functions of the Commissions, the President has some roles to undertake. For instance, in the execution of the mandate of removing judges from office, the Judicial Service Commission sends petitions to the President who will then suspend the judge and form a tribunal to investigate his or her conduct.

It is imperative to note that the functions of the commissions have a great bearing on the office of the President. For instance, the Salaries and Remuneration Commission sets and regularly reviews the remuneration and benefits of all State officers. Moreover, the Commissions have a crucial role in policy recommendations to the government. The Judicial Service Act No. The duration for publication of the notice ranges from 7 to 14 days within the occurrence of the vacancy.

The National Land Commission is mandated to recommend a national land policy to the national government; the Judicial Service Commission recommends the conditions of service of the judges, judicial officers and staff of the judiciary; the recommendations of the Commission on Revenue Allocation must be considered before passing Bills on appropriation of money, revenue sharing and county financial matters. All the Commissions have a reporting obligation to the President.

However, the mandate of the President under this provision was not exercised when the first chairperson to the SRC was appointed. The Constitution required that the appointment should be in accordance with the National Accord and Reconciliation Act which has since been repealed.

For instance, he receives the written notices of resignation from office by members or the chairpersons of the commissions. On receiving the petition, the President suspends the commissioner and forms a tribunal to investigate the matter.

The tribunal would then report the facts to the President and make a binding recommendation. The President is then required to act upon the recommendation within a period of thirty days.

The President thus has some authority over the commissions. In the perfomance of the functions of the Commissions, the President has some roles to undertake. For instance, in the execution of the mandate of removing judges from office, the Judicial Service Commission sends petitions to the President who will then suspend the judge and form a tribunal to investigate his or her conduct.

It is imperative to note that the functions of the commissions have a great bearing on the office of the President. For instance, the Salaries and Remuneration Commission sets and regularly reviews the remuneration and benefits of all State officers. Moreover, the Commissions have a crucial role in policy recommendations to the government.

The Judicial Service Act No.

The duration for publication of the notice ranges from 7 to 14 days within the occurrence of the vacancy. The National Land Commission is mandated to recommend a national land policy to the national government; the Judicial Service Commission recommends the conditions of service of the judges, judicial officers and staff of the judiciary; the recommendations of the Commission on Revenue Allocation must be considered before passing Bills on appropriation of money, revenue sharing and county financial matters.

All the Commissions have a reporting obligation to the President.

They are required to report to the President on the extent to which their mandate has been executed. This is required as soon as practicable after the end of each financial year. Government by Commission of Inquiry Commissions of inquiry have been widely used by the governments, usually for purposes of carrying out investigations.

It is noted that the subjects of commissions of inquiry are: consideration of legislative policy, inquiry into the activities of administrative departments, and inquiry into social conditions.

Most of the recommendations made by the commissions of inquiry in Kenya have failed to see the light of day. The Truth Justice and Reconciliation Commission pointed out in its report the manner in which implementation of the reports was riddled with controversy. For instance, the report of the Judicial Commission of Inquiry into Tribal Clashes in Kenya Akiwumi Commission was submitted to the President in August but was not released to the public till towards the end of Nearly all the four presidential regimes in Kenya have been characterised by formation of commissions of inquiry.

Since independence Kenya has had up to seventeen commissions of inquiry. Indeed Schwalbe records that commissions are formed to provide a convenient scapegoat to deflect the wrath of the electorate. Rowe and McAllister assert that they have a distinctive and constructive role since they make meaningful and significant contribution to the policy process.

The Act empowers the President to appoint commissioners to inquire into and report on matters of public interest referred to them. The opinions expressed by some Kenyans however indicate that they are apprehensive about the idea of commissions of inquiry. If they accidentally stumble on it, it is quickly buried in collective and official amnesia.

Bowry asserts that matters of terrorism, State security and in-house security failures should are not fit for the public glare. Capital News 1 October The Comparative Constitutional Law and Practice in Other Jurisdictions In this section we take a brief comparison of the law and practice on commissions in other jurisdictions.

Kenya - The Constitution of the Republic of Kenya,

United Kingdom In UK there are Royal Commissions, usually set up on ad hoc basis by the government formerly by the Crown to investigate a matter of public and political concern. Rowe and McAllister note that these commissions exhibit a genuine spirit of inquiry. In England for instance, the tribunals of inquiry are governed by Tribunals of Inquiry Evidence Act Whereas the appointment of inquiries is predominantly the mandate of the President in Kenya, the law and practice in England allows direct parliamentary involvement.

Of 2010 pdf kenya constitution

The appointing authority has the discretion to appoint the persons of their choice. USA The practice in Kenya has been that members of the bar and the bench predominantly serve in the commissions of inquiry. In the USA the American Code of Judicial Conduct and Ethics issued by the American Bar Association prohibits judges from serving in the inquiries or in any other extra- judicial capacity except in matters dealing with the improvement of the law, the legal system or administration of justice.

The remaining members can either be selected by the chairman and approved by the President and Congress, or politically mandated in the commission legislation. The presidential and congressional commissions usually last for less than two years whereas the regulatory commissions last longer so as to provide continuity and stability to the oversight.

2010 constitution pdf kenya of