Features of the Constitution of Kenya (2010)
1. Sovereignty of the people and supremacy of the constitution
Kenyans have a sovereign Power which the exercise directly through voting and
indirectly through their elected representatives.
The constitution is the supreme law of the land and every Kenyan is to respect uphold
and defend it.
2. The Republic
The constitution declares Kenya as a sovereign Republic
It contains territorial boundaries and Waters.
It identifies the national symbols; flag, national anthem, coat of arms, public seal.
It identifies the National Holidays; madaraka day, mashujaa day, jamhuri day.
It identifies the national language; kiswahili
It identifies the national values; unity, patriotism, transparency, accountability and good
governance.
3. Citizenship
It provides for two ways of acquiring citizenship; by birth, by registration
It explains revocation of Citizenship
Allows for dual citizenship
It states that citizens are entitled to a passport and identification card
4. Bill of rights
It states the rights and freedoms of Kenyan citizens which are 27 in number.
It contains rights and freedoms of special groups of people; children, disabled, youth,
older members of society, marginalized and minority communities.
5. Land and environment
It states that all the land in Kenya belongs to the people of Kenya collectively as a nation,
community or individual.
Land should be held used and managed in an equitable, efficient, productive and
sustainable manner.
Constitution also gives information that any person who's not a citizen may hold land on
basis of leasehold tenure for 99 years.
Establishment of a national land commission to manage public land on behalf of the
government.
Every person has a duty to cooperate with the state to protect and conserve the
environment and use of natural resources.
Land in Kenya is classified as;
a) public land
This is the alienated government land.
It includes; land occupied by any state organ, land sold to the state, all minerals, government
forests, roads, rivers, lakes.
b) community land
Land lawfully held managed or used by a community as ancestral land.
c) private land
Land held by a person under freehold or leasehold tenure.
6. Leadership and integrity
It lays down guiding principles on the conduct of state officers; president, deputy
president, cabinet secretaries, legislators, members of the County government, judges,
magistrate and members of the commissions.
Selection of the above officers should be done on the basis of integrity competence and
be free and fair.
7. Representation of the people
Provides guiding principles to the electoral process, methods of conducting elections,
qualifications of person wishing to vie for any office, code of conduct for candidates,
voting process, mechanisms of dealing with electoral disputes, voter registration.
It also outlines the functions of IEBC.
8. Legislature
It establishes a bicameral legislature; senate and national assembly.
It also outlines the composition, qualifications and membership of the two houses.
National assembly has 290 MPs, 47 women representatives, 12 nominated members
representing the youth, disabled, workers and speaker.
The Senate has 47 senators, 16 nominated women, 2 people representing the youth, 2
representing the disabled and the speaker.
9. Executive
It provides for the president, deputy president, attorney general, cabinet secretaries (not
less than 14 and not more than 22), director of public prosecution, secretary to the
cabinet, principal secretaries outlining functions of each.
It also states the presidential term and provides for his impeachment.
10. Judiciary
It provides for superior Courts; supreme court, high court and court of appeal
Subordinate courts; magistrate courts, kadhi’s court, court martial and tribunals.
It provides for a judicial service commission.
It creates an independent judiciary.
11. Devolved government
Outlines the 47 counties
Functions of the county executive committee and county assembly.
Functions of the county government.
12. Public finance
It provides for the different funds; consolidated fund, revenue fund, contingency fund and
equalization fund.
It provides for a commission on revenue allocation.
It provides for the Central Bank of Kenya who form money policy, promotes price
stability and issue currency.
13. Public service
In states the values and principles of the public service which included;
o high standards of professional ethics
o economic use of resources
o equal provision of services
o accountability
o representation of diverse communities
It provides for a public service commission.
14. National Security
It provides for three organs; Kenya defence forces, national intelligence service and
National Police service.
The organs are supervised by the national Security Council the constitution States its
composition and functions.
15. Commissions and independent offices
It provides for all the commissions and their functions;
o National land commission
o Kenya national human rights and equality commission
o Independent electoral and boundaries commission
o Parliamentary service commission
o Judicial service commission
o Commission on revenue allocation
o Public service commission
o Salaries and remuneration commission
o National Police service commission
o Teachers’ service commission
Independent offices; controller of budget and auditor-general
It states that at the end of every financial year the commissions are required to submit
reports to the president and national assembly.
16. Amendment of the constitution
The constitution can be amended by;
a) Popular initiative-
A proposal to amend the constitution has to be signed by at least 1 million registered
voters
The initiative is delivered to the IEBC to verify the list of voters and submit it to the
county assembly
If the draft bill is approved by a majority of the County assembly, it is introduced in
Parliament
If passed by Parliament the bill is presented to the president for assent
If any of the houses fails to pass the bill the proposed amendment is subjected to a
referendum.
In the referendum simple majority have to approve it
b) Parliamentary initiative-
The bill is introduced to either national assembly or Senate.
Two-thirds of the members of Parliament have to approve it.
If the bill is passed the speaker submits it to the president for assent.
17. General provisions
Any person has a right to Institute general proceedings if they feel that the constitution
has been contravened or threatened.
18. Transitional and consequential provisions
Definition of terms contained in the constitution
Guidelines on how to Transit from the old to the new constitution
Schedules
First schedule contains the names of the counties.
Second schedule identify the national symbols and the national anthem.
Third schedule contains the national oaths and affirmations that the state officers are
required to take upon assumption of office.
Fourth schedule stipulates her roles are to be shared between national and county
government.
Fifth schedule contains the timelines guiding the implementation of the constitution.
Sixth schedule contains the transitional and consequential provisions.
State key constitutional changes in the Constitution of Kenya (2010)
