Constitution of Kenya
Encyclopedia
The 1963 Constitution of Kenya was drawn up at independence
. This constitution
, heavily indebted to English law
, had already been amended
more than 30 times by 2010, but was widely agreed to require a major overhaul. The constitution gave the president wide-ranging powers, provided for no prime minister
, and was ill-suited to multiparty politics
, despite the 1991 repeal of a section that had formalized the one-party state.
The political system was in flux as contentious debate continued on efforts to adopt a new constitution. A popular referendum in 2005
defeated a proposed constitution supported by the government. Key proposals in the defeated draft constitution called for reducing the powers vested in the office of the president, providing for a prime minister, and ensuring the independence of the judiciary
.
A new constitution was drawn up in 2009 and 2010 and was voted on August 4, 2010. The vote was part of a deal after violence in 2007. It will mean that to win the Presidency you need 50% of the vote and more than 25% of the vote in more than half the electoral areas - which should mean that candidates have to appeal to the whole population rather than individual ethnic groups. Additionally the new constitution includes significant reform to the judiciary. This Constitution was approved by a 67% margin.
The New Constitution of Kenya
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
. This constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, heavily indebted to English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, had already been amended
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
more than 30 times by 2010, but was widely agreed to require a major overhaul. The constitution gave the president wide-ranging powers, provided for no prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
, and was ill-suited to multiparty politics
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
, despite the 1991 repeal of a section that had formalized the one-party state.
The political system was in flux as contentious debate continued on efforts to adopt a new constitution. A popular referendum in 2005
Kenyan constitutional referendum, 2005
The 2005 Kenyan constitutional referendum was held on 21 November 2005. The proposed new constitution was voted down by a 58% majority of Kenya's voters...
defeated a proposed constitution supported by the government. Key proposals in the defeated draft constitution called for reducing the powers vested in the office of the president, providing for a prime minister, and ensuring the independence of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
.
A new constitution was drawn up in 2009 and 2010 and was voted on August 4, 2010. The vote was part of a deal after violence in 2007. It will mean that to win the Presidency you need 50% of the vote and more than 25% of the vote in more than half the electoral areas - which should mean that candidates have to appeal to the whole population rather than individual ethnic groups. Additionally the new constitution includes significant reform to the judiciary. This Constitution was approved by a 67% margin.
See also
- Constitution of KenyaConstitution of KenyaThe 1963 Constitution of Kenya was drawn up at independence. This constitution, heavily indebted to English law, had already been amended more than 30 times by 2010, but was widely agreed to require a major overhaul...
, 2010 - Constitutional Reforms in KenyaConstitutional Reforms in Kenya-History of Reform:Constitutional Reform in Kenya has been a major issue since Kenya gained independence. The highlights of the evolution of Kenya's constitution can be highlighted by the following events:...
- Kenyan constitutional referendum, 2005Kenyan constitutional referendum, 2005The 2005 Kenyan constitutional referendum was held on 21 November 2005. The proposed new constitution was voted down by a 58% majority of Kenya's voters...
External links
The Constitution of KenyaThe New Constitution of Kenya