He is currently a senior lecturer and the chairperson of the department of political science and public administration at the university of nairobi. The constitution of kenya draft amendment bill, 2017 5 by making it possible for all communities and counties to have a say in the election of the president and the deputy president, the proposed system of devolving the presidency is in tandem with an affirmative action, which is a key doctrine in the constitution of kenya. Kenya enacted a new constitution in 2010 through which it established a system of government akin to a federation, with legislative authority shared between the national parliament and county legislatures. The preindependence elections these were the last elections in preindependent kenya and the key players were two political parties, kanu and kadu.
General elections were held in kenya on 6 december 1969, the first since independence in 1963. Kenya country constitutional profile constitutionnet. An introductory commentary is an indispensable handbook for readers striving for an exhaustive mastery of kenyas constitution, and anyone wishing for a quick reference. Kenya 2017 general and presidential elections 5 provided by the law to consolidate and post all the official polling station results forms. Since its promulgation, the constitution has been amended three times. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement. The republic of kenya shall be a multiparty democratic state. The 4 march 20 elections were the tenth general elections since kenyas independence. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Aug 04, 2017 locally, this includes the 2010 constitution of kenya as the supreme law, as well as the independent electoral and boundaries commission act, the elections act, the political parties act, the. Sep 01, 2017 it was a stunning moment for kenya, one of africas most populous nations, and for democracy in general. Sep 06, 2017 endnotes general elections were scheduled in kenya for august 8, 2017 in accordance with the constitution of the republic of kenya, 2010, which requires that there be a general election on the. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. Kenya election history 196320 1963 kenya election history 1963.
Today the force driving ethnicity is electoral politics, building on colonial. It was a stunning moment for kenya, one of africas most populous nations, and for democracy in general. For the first time in kenyas history, women were elected to serve as governors and senators, and 29 percent more women ran for office than in the previous election a fact that led to the largest number of. Elections were held in 20 under the new constitution in 2010 that was approved after a referendum. It is carefully analysed, well annotated and presented in an easytoread fashion. Like most former british colonies, kenya, adopted the westminster system of government at independence. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Kenya supreme court nullifies presidential election the. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution of kenya written by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in june 2010. The constitution of the republic of kenya, 1963 as.
He is currently a senior lecturer and the chairperson of the department of political science and public administration at. 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. It established a parliamentary system with executive powers vested in a cabinet. The constitution of kenya amendment bill, 2017 a bill for. Understanding kenyas politics council on foreign relations. In january 2011, president kibaki nominated a new attorney general, a chief justice, and director of public. The proposed new constitution of kenya is informally referred to as the wako bill with reference to its principal author, the kenyan attorneygeneral, amos wako. This may clarify policy, ideological or leadership differences within society. Kenya law posts tagged elections except for some material which is expressly stated to be under a specified creative commons license, the contents of this website are in the public domain and free from any restrictions. Revised harmonized draft constitution of kenya comprising. But the true results of the presidential election were never to be known. The constitution of kenya was the final document resulting from the revision of the harmonized draft constitution ofkenyawritten by the committee of experts initially released to the public on 17 november 2009 so that the public could debate the.
Following its victory in the general elections of 1963 over the kenya africa democratic union kadu, the kenya african national union kanu was invited to form the first autonomous government with jomo kenyatta as prime minister and the queen, elizabeth ii of england, as head of state on. Until late 2007, kenya was considered one of the most stable countries in africa. Procedure at presidential election kenya law reform. Elections, representations and the new constitution. Although the post of president of kenya was due to be elected at the. Amid controversy about the conduct of the elections, the electoral commission of kenya. The new constitution was seen as a vital step to avoid a repetition of the violent outbursts after the 2007 general elections. The cabinet was headed by a prime minister, appointed by the queen of england from the majority party in parliament.
Voters elected the president, members of the national assembly and new senate, as well as county governors and representatives. Kenya supreme court nullifies presidential election the new. Voters were asked whether they approved of a proposed new constitution, which had been passed by the national assembly on 1 april 2010. Kibaki promised a new constitution that would help to deal with kenyas many governance problems an overly powerful presidency with a weak legislature and judiciary, a centralised.
A new report published by ndi and the federation of women lawyers fida kenya highlights a number of important political gains made by women during the 2017 general elections. Candidates for election and political parties to comply with code of. The constitution of kenya is the supreme law of the republic of kenya. 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 and communities, to live in a society that respects and. Instead, the iebc hastily declared the final presidential election results on aug. The iebc was officially formed in late 2011, but evolved from the interim independent electoral commission, which had suc cessfully organized the.
Kenyas disputed presidential election in 2007 set off bloodshed that left at least. This constitution is the constitution of the republic of kenya. The constitution of the republic of uganda was promulgated on. The 1963 constitution, which was negotiated between the british government and representatives of kenyas political parties, marked the end of colonial rule and transformed the colony into a dominion. Kenya institutional reform in the new constitution of kenya. Apart from the constitution, a recent agreement between the east african community eac members was passed to oversee elections for members. Enacted by the parliament of kenya as follows part ipreliminary 1. Kadu drew its support from smaller, less urbanized communities hence advocated majimboism regionalism as a means of protecting them. The constitution of kenya chapter 1 the republic of kenya 1. Second, it encourages the formation of political parties or groups of like minded candidates to put forward lists. Elections act independent electoral and boundaries. A constitutional referendum was held in kenya on 4 august 2010. Constitution as an instrument of change katiba institute. Rutos pending impeachment ruffles feathers of kenyas.
Kanu and ndp successfully sponsored a parliamentary motion to facilitate. By thursday, several newspapers carried explanations on what it would take to impeach the first deputy president under kenyas decadeold constitution. Elections in kenya, under universal adult suffrage, began with polls in may 1963 under british rule to decide who would lead kenya into independence. 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. General elections were held in kenya on 4 march 20. General principles for the electoral system kenya law. Kenya has ratified the major international instruments covering electoral rights, although the african charter on democracy, elections and. However, to allow for the procurement and printing of ballot papers in time for all the six elections that kenya will have, going by past experience, this would normally take no less than 30 days. This act may be cited as the county governments act, 2012 and shall come into operation upon the final announcement of the results of the first elections under the constitution. Record number of women elected in kenyas 2017 general. The constitution enya kenya film classification board. The 2010 constitution of kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. Uhuru kenyatta defeated raila odinga, whose party won the most seats in the national assembly. Us secretary of state hillary clinton while on visit in kenya criticized kenya for failing to investigate the 20072008 post election violence.
They were the first elections held under the new constitution, which was approved in a 2010 referendum, and were also the first run by the new independent electoral and boundaries commission iebc. At the national level, kenya has a bicameral parliament consisting of the national assembly and the senate. Locally, this includes the 2010 constitution of kenya as the supreme law, as well as the independent electoral and boundaries commission act, the elections act, the political parties act, the. The kenya african national union kanu, led by jomo kenyatta, emerged victorious. October 1995 by the constituent assembly, replacing the 1967 constitution. The legal framework for elections generally complies with international standards for elections, with a progressive constitution adopted in 2010. Interpretation in this act, unless the context otherwise requires analysis of functions means processes of and mechanisms for. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Elections, representations and the new constitution sid constitution working paper no. A look at kenyas elections history since independence in. Election report kenya 2017 general and presidential elections. The public seal of kenya shall be such device as may be prescribed by or under an. They require kenya to meet generally accepted standards for free and fair elections. The 2010 edition replaced the 1963 independence constitution.
In this act, unless the context otherwise requires adult has the meaning assigned to it in article 260 of the. This brief is adapted from the political and institutional context of the 2007. Constitutional transitions and territorial cleavages. Election of the president kenya law reform commission. Additionally, the constitution c alled for the forma tion of an independent electoral and boundaries commiss ion iebc to delimit constituent bou ndaries and manage elections.
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