Press Room

Latest Events

The Government

The Government

Local Govt Resources

Local Govt Resources

The Constitution

The 2010 Constitution of Kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution. 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 referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010.

constitution pic

Drafting process for the 2010 Constitution
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 public was given 30 days to scrutinise the draft and forward proposals and amendments to their respective members of parliament, after which a revised draft was presented to the Parliamentary Committee on 8 January 2010. The Parliamentary Select Committee (PSC) revised the draft and returned the draft to the Committee of Experts who published a Proposed Constitution on 23 February 2010 that was presented to Parliament for final amendments if necessary. After failing to incorporate over 150 amendments to the proposed constitution, parliament unanimously approved the proposed constitution on 1 April 2010. The proposed constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters.

DOWNLOAD THE CONSTITUTION

Election and Voting

Election and Voting

The Judicial Branch

judiciary executive

The Judiciary derives its mandate from the Constitution of Kenya, Article 159 provides that:
Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.

In exercising judicial authority, the courts and tribunals shall be guided by the following principles-

  • Justice shall be done to all, irrespective of status;
  • Justice shall not be delayed;
  • Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause(3)
  • Justice shall be administered without undue regard to procedural technicalities; and
  • The purpose and principles of this Constitution shall be protected and promoted.

Traditional dispute resolution mechanisms shall not be used in a way that-

  • Contravenes the Bill of Rights;
  • Is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
  • Is inconsistent with this Constitution or any written law.

The Judiciary has developed a Judiciary Transformation Framework that has placed it on the path of institutional transformation. The Framework is currently at the validation stage.

More Articles...

  1. The Legislative Branch