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Ask a lawyer:
tell me about the sections in the constitution

The Constitution of Kenya, 2010, is a comprehensive document that outlines the structure of the government, the rights of citizens, and the responsibilities of various state organs. Here is an overview of some key sections:

Preamble

  • The Preamble sets the stage for the Constitution, expressing the aspirations and values of the Kenyan people.

Chapter One: Sovereignty of the People and Supremacy of the Constitution

  • This chapter establishes that all sovereign power belongs to the people of Kenya and that the Constitution is the supreme law of the land.

Chapter Two: The Republic

  • Defines Kenya as a sovereign Republic and outlines the territory, devolution, and the national values and principles of governance.

Chapter Three: Citizenship

  • Details the acquisition, retention, and loss of citizenship, as well as the rights and duties of citizens.

Chapter Four: The Bill of Rights

  • This is a crucial part of the Constitution, guaranteeing fundamental rights and freedoms to all individuals. It includes rights such as:

    • Right to life

    • Freedom of expression

    • Freedom of the media

    • Right to privacy

    • Freedom of conscience, religion, belief, and opinion

Chapter Five: Land and Environment

  • Addresses issues related to land ownership, use, and management, as well as environmental conservation and protection.

Chapter Six: Leadership and Integrity

  • Sets out the principles of leadership and integrity, requiring public officers to conduct themselves in a manner that brings honor to the nation and dignity to the office.

Chapter Seven: Representation of the People

  • Covers the electoral system and process, including the conduct of elections and the roles of the Independent Electoral and Boundaries Commission (IEBC).

Chapter Eight: The Legislature

  • Describes the structure, functions, and powers of Parliament, which consists of the National Assembly and the Senate.

Chapter Nine: The Executive

  • Outlines the roles and responsibilities of the President, Deputy President, and the Cabinet.

Chapter Ten: The Judiciary

  • Establishes the structure and functions of the Judiciary, including the Supreme Court, Court of Appeal, and other subordinate courts.

Chapter Eleven: Devolved Government

  • Provides for the establishment of county governments and outlines their powers, functions, and responsibilities.

Chapter Twelve: Public Finance

  • Details the management of public finances, including the establishment of the Consolidated Fund, the role of the Controller of Budget, and the Auditor-General.

Chapter Thirteen: The Public Service

  • Addresses the organization and management of the public service, including the establishment of the Public Service Commission.

Chapter Fourteen: National Security

  • Establishes the national security organs, including the Kenya Defence Forces, the National Intelligence Service, and the National Police Service.

Chapter Fifteen: Commissions and Independent Offices

  • Provides for the establishment of various commissions and independent offices, such as the Kenya National Human Rights and Equality Commission and the Independent Electoral and Boundaries Commission.

Chapter Sixteen: Amendment of the Constitution

  • Outlines the procedures for amending the Constitution.

Chapter Seventeen: General Provisions

  • Contains miscellaneous provisions, including the official languages and the national symbols.

Chapter Eighteen: Transitional and Consequential Provisions

  • Provides for the transition from the old constitution to the new one and addresses any consequential matters arising from the transition.

For more detailed information, you can refer to the full text of the Constitution of Kenya, 2010.

Sources:

  • Kenya Law Reform Commission (KLRC)

  • Constitute Project

  • FAO Legal Office

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