Article 163 of the constitution of kenya pdf

The first interested party is the director of public prosecutions an office established under article 157 of the constitution hereinafter referred to as the dpp 4. Kenya is a country diverse in race, culture, ethnicity and religion. The constitution the constitution at article 2 stipulates the major ingredients that characterize the principle of constitutional supremacy in kenya. Bill of rights contains at the beginning, in articles 27 and 28, the principle of equality. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Revised harmonized draft constitution of kenya comprising.

The constitution of kenya, 2010 amendment bill, 2015 a bill for an act of parliament to amend the constitution of kenya, 2010 by popular initiative pursuant to article 257 of the constitution of kenya. Elections act independent electoral and boundaries. Kenyan constitution, chapter ten, part 1, article 159 to 160. Kenya subsidiary legislation, 20 46 the constitution of kenya the supreme court act no. The constitution of kenya is the supreme law of the republic of kenya. The petitioners thus contended that in the conduct of the august 8th.

Hidalgo investments is an investment company with diverse interests in the fields of finance, government tenders, business consultancy and corporate image consultancy and legal research, and was incorporated in 2008 under the laws of kenya, cap 486. This complete constitution has been generated from excerpts of texts from the repository of the. This constitution is the constitution of the republic of kenya and shall have the. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. That article 163 3a of the constitution of kenya provides that the supreme court shall have exclusive original jurisdiction to hear and determine disputes relating to the office of the president arising under.

Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and. National values and principles of governance kenya. 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 constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the cooperative republic of guyana. The constitution of the republic of kenya, 1963 as amended. The constitution of kenya promulgated in august 2010 acknowledged the historical marginalization of women in elective and appointive positions by expanding their representation, space and role in governance. The republic of kenya shall be a multiparty democratic state. Judicial authority is derived from the people and exercised in accordance with the cardinal principles spelt. Enacted by the parliament of kenya as follows short title. The right to equality in kenyas new constitution equal rights trust. Republic of kenya in the supreme court of kenya at nairobi coram. Apr 06, 20 this is the highest court in kenya in that all courts, other than the supreme court itself, are bound by the decisions of the supreme court. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636.

The supreme court of kenya is established under article 163 of the constitution of kenya. Kenyan constitution, chapter ten, part 1, article 159 to. Cypruss constitution of 1960 with amendments through 20. This study will analyse how well article 59 of the constitution is distinguished in the national gender commission bill. Independence of the judiciary 1 in the exercise of judicial authority, the judiciary, as constituted by article 161, shall be subject only to this constitution and the law and shall not be subject to the control or direction of any person or authority. The supreme court of kenya is the highest court in kenya. Article 42 of the constitution provides that the republic of kenya shall be a multiparty democratic state founded on the national values and principles of governance referred to in article 10. Parliament that satisfies the criteria referred to in article 24. Nov 11, 2018 12 for the purposes of this article, population quota means the number obtained by dividing the number of inhabitants of kenya by the number of constituencies or wards, as applicable, into which kenya is divided under this article. This act may be cited as the supreme court act, 2011. That article 163 3a of the constitution of kenya provides that the supreme court shall have exclusive original jurisdiction to hear and determine disputes relating to the office of. Constitution of kenya, 2010 7 chapter tenjudiciary part 1judicial authority and legal system 159judicial authority.

Pdf the kenyan constitution, with discussion of the constitutionmaking process and its content. Adopted by the national constitution conference on 15 march 2004 20 th october 2004 5. The 2010 edition replaced the 1963 independence constitution. Cypruss constitution of 1960 with amendments through 20 subsequently amended. Sep 19, 2019 the first election kenya held under the new constitution in march 20 did not result in the required constitutional requirements that would have helped bridge the gender gap that had persisted since independence in 1963. Constitution of the fourth republic of ghana promulgation law, 1992 pndcl 282 as amended by constitution of the republic of ghana amendment act, 1996 act 527. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. This was aimed at creating a country a country anchored on the principles of equality and equity. A person who is a citizen of kenya under this article cannot. Constitution of the federal republic of nigeria 1999 arrangement of sections chapter i general provisions part i federal republic of nigeria 1. Supreme court of kenya is established under article 163 of the constitution and. Article 163 4 a of the constitution, section 152 of the supreme court act, and rules 9 and 33 of the supreme court rules, 2012. Constitution of kenya 2010 wikisource, the free online. Constitution of the republic of uganda, 1995 uganda.

Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The supreme court of kenya is established under article 163 of the constitution and is at the apex of the judiciary with the final authority in arbitration of disputes in the country. 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. Commission established under article 88 of the constitution. Soko directory was formed in 2008 by hidalgo investments ltd. A legal opinion on article 59 of the constitution of kenya. 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. General elections were held in kenya on 4 march 20. Constitution of the republic of uganda, 1995 uganda legal. It is established under article 163 of the kenyan constitution. In the 20 elections no single female senator or governor was elected.

Kenyas 2010 constitution uct faculty of health sciences. Constitution of the federal republic of nigeria 1999. Constitution of kenya, 2010 const2010 3 constitution of kenya, 2010 arrangement of articles preamble chapter one sovereignty of the people and supremacy of this constitution article 1. Draft constitution of kenya bomas draft, 15 march 2004. Part ii powers of the federal republic of nigeria 4. This act may be cited as the constitution of kenya. Article 61 of the constitution and specified in the first schedule of the. Kenya national human rights and equality commission into 2 or 3 separate commissions. Do hereby, in and through this constituent assembly solemnly adopt, enact and give to ourselves and our posterity, this constitution of the republic of uganda, this 22nd day of september, in the year 1995. Further, article 59 5 empowers parliament to assign functions to each commission established under clause 4.

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. Voters elected the president, members of the national assembly and new senate, as well as county governors and representatives. The jurisdiction of the supreme court of kenya chege. Kenya constitution chapter v protection of fundamental rights and freedoms of the individual. Published by the national council for law reporting with the authority of the attorney general. The preamble to the constitution of kenya, 2010 the constitution is instructive the kenyan people expressly acknowledge pride in their ethnic, cultural and religious diversity, and restate their determination to live in peace and unity. 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. However, ten years down the line, there is no legislative framework to. Assessment of the need for intervention in accordance with article 225 of the constitution. Stoppage of funds process in national government entity. Democracy and political participation vii list of figures and boxes figure 1 distribution of bills enacted as acts of parliament, 20032007 191 figure 2 government and private members bills, 20032007 192 box 1 agenda iiv of the kndr process 59 box 2 violation of media freedom 100. Government and the county governments article 185 2, 186 1 and 187 2. Decisions by the supreme court cannot be appealed against. The constitution of the republic of kenya, 1963 as.