(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. 257. (5) Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence. Whenever there is a conflict the judicial officer concerned should inform relevant authorities to look into it. Article 1 Constitution of India: Name and territory of the Union; Article 2 Constitution of India: Admission or establishment of new States. One of the notable measures taken by the government is the declaring of a nationwide dusk to dawn curfew that started on 27th March 2020. 173 Laws of Kenya. Article 47 of the Constitution of Kenya. For the purposes of protection of the environment several principles of international environmental law which act as a guide on development of … The right not to have one’s freedom curtailed without a justifiable case is guaranteed by Article 29 (a) of the Constitution, which provides that every person shall have the right to freedom and security and shall not be deprived of freedom arbitrarily and without just cause. 25) Article 25 of the Constitution guarantees freedom of religion to all persons in India. Article 88 of the new constitution called for the establishment of the Independent Electoral Boundaries Commission (IEBC). English law is still applicable in Kenya because of the ‘general reception’ clause in Cap 8 subject to certain exceptions. Const2010 Constitution of Kenya, 2010 [Rev. Article 25: Declaration..... 40 Article 26: Transitional Provisions..... 40 PART ONE PRELIMINARY ARTICLE 1 : SHORT TITLE This Students’ Association Constitution may … RECOGNIZING The Kenyan Constitution 2010, Universities Act 2012, The Co- operative University charter, University statutes, Regulations governing the contract Article 59 Kenya National Human Rights and Equality Commission. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. Article 43 [ 11 ]. 25. (1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters. (a) the supremacy of this Constitution; in the high court of kenya at nairobi. 8 . the past few years to introduce legislation to implement Article 81(b) of the Constitution, which requires that not more than two thirds of the members of … Article 24 is the only article that provides for the specific procedure to be followed for a right contained in the Bill of Rights to be limited. Article 46 [ 12 ]. Article 25 of the International Covenant on Civil and Political Rights (ICCPR), ratified by Kenya in 1976, provides for the right of citizens to take part in the conduct of public affairs, directly or through freely chosen representatives. 29. LAWS OF KENYA THE CONSTITUTION OF KENYA, 2010 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Constitution of Kenya, 2010 2 THE CONSTITUTION OF KENYA, 2010 ARRANGEMENT OF ARTICLES PREAMBLE 10 Constitution of Zambia, 1964, article 72 (1) 11 I Constitution of Zambia Act, 1973, article 80 (1) 12 Constitution of Zambia Act, 1991, article 79 13 Constitution of Zambia (Amendment) Act, 1996, article 71 (2) provides that a member of the national assembly shall vacate his seat in the Assembly- (c)" in the case of an elected member, if he becomes a member of a political party other … 122—Voting in Parliament. This is an official document. 5—P. Analysis Interpretation of Chapter 6 Constitution of Kenya 2010 By Kenyan Courts Transparency International Kenya (TI-Kenya) is a not-for-profit organization founded in 1999 in Kenya with the aim of developing a transparent and corruption-free society through good governance and social justice initiatives. Details. •Article 43(1) states that: Every person has … C U K S U C O N S T I T U T I O N 2 0 1 7 P a g e 4 THE CONSTITUTION PREAMBLE We, Students of THE CO-OPERATIVE UNIVERSITY OF KENYA (CUK), ACKNOWLEDGE the supremacy of the Almighty God of all creation. 25 TH February 2020. The Constitution of Kenya is the supreme law of the Republic of Kenya.There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. 5 of 1969 Constitution of Nigeria, 1999 Constitution of the People’s Republic of China, 1954 constitution of South Africa 1996 (cf. The law exists for purposes of order and good governance; hence all individuals must 8 The matter of the Principle of Gender Representation case, advisory opinion 2 of 2012. Instructively, article 25 (c) of the Constitution lists the right to a fair trial as one of the fundamental rights and fundamental freedoms that shall not be limited despite any other provision in the Constitution. No one should be deprived intentionally of his life, save in execution of a sentence of a court in respect of a criminal offence of which he has been found guilty. The Bill of Rights sets out fundamental rights and freedoms that belong to each and every individual in Kenya. [ 7 ]. 25 34. Articles 88(5) and 249(2) of the constitution. This complete constitution has been generated from excerpts of texts from the repository of the ... and distributed on constituteproject.org. [Public Seal] The Public Seal of the Republic shall be such as may be prescribed by or under an Act of Parliament. Amendment by popular initiative. Interim constitution 1994) Kenya, like the rest of the global community of nations, has put in place measures to mitigate the impact of the COVID-19 pandemic. 3. 2012] [Issue 1] C35-04 Article 28. 10. Article 2A Constitution of India: Sikkim to be associated with the Union; Article 3 Constitution of India: Formation of new States and alteration of … Constitution by enforcing the 2nd respondent’s ill motivated agenda against the petitioner. (b) to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article. Human dignity. Further, section 26 is inconsistent with the Part 1. The Constitution establishes the basic principles that set the foundation of the employer/employee relationship. Kenya Gazette Notice - National Assembly Special Sitting April, 2021. Human and People’s Rights (ACHPR) and article 25 of the International Covenant on Civil and Political Rights (ICCPR). The Constitution of Kenya 2010 enshrines the right to the highest attainable standard of health under Article 43. 1.This Act may be cited as the (a) to fully participate in the affairs of society; (b) to pursue their personal development; (c) to live in dignity and respect and be free from abuse; and. On April 19th 2010, the 18th Amendment to the Constitution of Pakistan guaranteed Free and Compulsory education for all 5-16 year olds as a Fundamental Right via Article 25 A. discussion because of their relevance under Kenya’s new constitutional order. These offices shall be branch offices of the Society and shall ascribe to this constitution and the Branch Office By-Laws as shall be passed by the Council from time to time and ratified Constitution: Article 27 (8) of the 2010 Constitution states that the ‘State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.’ ... (Article 97 of the constitution of Kenya, adopted August, 2010). (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. Fundamental Rights and freedoms that may not be limited. This institutional independence is also enforced by article 25(2) ... Chapter 15 of the constitution of Kenya. • Article 2(5) of the Constitution states that the general rules of international law shall form part of the law of Kenya. (1) The national values and principles of governance in this Article bind all State. This is because the constitution has provisions that seek to protect the provision of these rights to every citizen as will be discussed in the next part. This Act implements Kenya’s obligations under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, which it ratified on 21 February 1997, as well as provides for the prevention, prohibition and punishment of such acts as well as reparations to victims. The vision of Chapter Six of the 2010 Constitution. Chapter Four - The Bill of Rights. The guard and the guardian of law. On 20 April 2017, the Prevention of Torture Act was issued in the Republic of Kenya. Kenya's Constitution of 2010. (1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters––. Article 43 11 . Article 2. National values and principles of governance. Dr. Justice Willy Mutunga ** “ Perhaps realizing its own ambitious project, and hence its vulnerability and fragility, the Kenyan Constitution sets, through the judiciary, its barricades against destruction of its values and weakening of its institutions by forces external to itself. 2010 5 The entrenchment of justifiableeconomic and social rights in the Constitution gives the courts a prominent role in their The same Article further endorses the right of … 19 Nation Team, ‘Night of the Long Knives for Kenyans’ Daily Nation,29 March 2020 - < Admin August 02, 2018. (1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters—. 15 of 2011, 6. (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels. National Executive Committee" or "Executive Committee" or “NE” means the executive arm of the Federation created in accordance with this Constitution. Slavery, servitude and forced labour. 170, the Immigration Act Cap. (6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. republic of kenya in the high court of kenya at nairobi milimani court miscellaneous criminal application of 2015 in the matter of article 25(d) and article 51(2) of the constitution, 2010 of kenya in the matter of section 389 of the criminal procedure code in the matter of rule 2 & 3 of the criminal procedure (direction and nature of habeas corpus) rules, 2011 between sarah k Article 10 of the Constitution of Kenya includes public participation as a national value The Constitution is key to driving fundamental reform and also, Kenya ˇs transition towards enhanced democracy and respect for the rule of law.