NATIONALISM

Constitution of Kenya 2010

 Introduction
• The Kenya Constitution of 2010 is the supreme law of the Republic of
Kenya.
• It replaced the Constitution of Kenya 1969.
• It was promulgated on August 27, 2010, following a comprehensive process
of review and a national referendum.
• The Constitution brought significant reforms to Kenya's governance
structure, legal framework, and human rights protections
• The Kenya Constitution 2010 represents a landmark in the country’s
democratic journey.
• It aims to promote good governance, human rights, and equality, while
addressing historical injustices and promoting national unity and integration.
 key features and highlights of the Kenya
Constitution 2010
• 1. Supremacy of the Constitution (Article 2)
• The Constitution is the supreme law of Kenya, and any law that is inconsistent with it is void to the extent
of the inconsistency.
• All people and authorities in Kenya must respect and uphold the Constitution.
• 2. Bill of Rights (Chapter Four)
• This chapter guarantees fundamental human rights and freedoms, including the right to life, equality,
freedom from discrimination, freedom of expression, and access to justice.
• It enshrines economic, social, and cultural rights, including the right to healthcare, education, and a clean
environment.
• The Bill of Rights is justiciable, meaning people can directly approach the courts if their rights are violated.
• 3. Devolution (Chapter Eleven)
• The Constitution establishes a system of devolved government, dividing Kenya into 47 counties each with its own government, headed by a governor.
• Devolution is intended to bring governance closer to the people, promote regional balance, and enhance service delivery.
• The national government and county governments share powers and responsibilities in various areas, such as health, education, infrastructure, and agriculture.

• 4. Structure of Government (Chapters Eight to Ten)

• The Constitution establishes a bicameral Parliament consisting of:
• The National Assembly, which represents the people, and
• The Senate, which represents the counties and ensures the protection of county interests.
• The Executive is headed by the President, who is both the head of state and government, and includes the Deputy President and Cabinet Ministers.
• There is an Independent Judiciary to uphold the rule of law, with a strong emphasis on judicial independence and accountability.
• 5. Electoral System and Political Parties (Chapter Seven)
• The Constitution provides for a universal adult suffrage, where every citizen of Kenya aged 18 years and above has the
right to vote.
• The Independent Electoral and Boundaries Commission (IEBC) is tasked with managing elections and ensuring free
and fair voting processes.
• It also sets out a system of affirmative action to ensure gender equality in political representation.

• 6. Checks and Balances

• The Constitution provides for a system of separation of powers between the Executive, Legislature, and Judiciary.
• It also provides mechanisms for ensuring that each branch of government checks the powers of the others, thus
safeguarding against misuse of power.
• 7. Corruption and Accountability (Chapter Six)
• This chapter emphasizes the need for leaders to exhibit high standards of ethics and integrity in both public and private life.
• Public officials are required to be accountable to the people they serve, and there are mechanisms such as the Ethics and
Anti-Corruption Commission (EACC) to investigate and prevent corruption.
• 8. Land and Environment (Chapter Five and Twelve)
• The Constitution recognizes land as a critical resource and guarantees the right to own land, subject to certain restrictions.
• It also mandates the government to make land accessible to all citizens, particularly in cases of historical injustices, and to
protect the environment for future generations.
• 9. National Security (Chapter Fourteen)
• The Constitution provides for the establishment of institutions responsible for national security, including the Kenya
Defence Forces (KDF) and National Police Service (NPS), and guarantees citizens’ security.
• 10. Amendments (Article 255 to 257)
• The Constitution provides for two methods of amendment:
• Parliamentary method, where Parliament can amend the Constitution if supported by at least two-thirds of the members in both
Houses.
• Popular initiative, which allows citizens to propose amendments through a petition signed by at least one million voters, subject to
approval in a referendum.
• 11. Sovereignty of the People
• The people of Kenya are sovereign, meaning they hold ultimate power, and their will must be respected by the government.
• This principle reinforces the idea of a democratic state where leaders serve at the will of the people.
• 12. Miscellaneous Provisions
• The Constitution also contains provisions on various matters, including the creation of commissions and independent
offices, the protection of minority rights, and the establishment of a framework for the peaceful settlement of disputes.
 Chapter six
• Leadership and Integrity of the Kenya Constitution of 2010 is a vital
part of the country's governance framework.
• It sets out the ethical standards and integrity requirements for public
office holders and public servants.
• The chapter is aimed at promoting transparency, accountability, and
ethical behavior among public officials to build public trust and
ensure good governance.
 General Principles of Leadership and
Integrity (Article 73)
• This article establishes the fundamental principles that guide the conduct of public office holders.
• The principles focus on serving the people and prioritizing the public interest.
• It is emphasized that public office holders should exercise their powers with utmost responsibility, accountability, and
transparency.
• Specifically, it requires leaders to:
• Be accountable to the public for their decisions and actions.
• Serve the public honestly and responsibly in a manner that promotes the public good.
• Make decisions based on the public’s needs, without personal interests interfering with their duties.
• Exercise their powers responsibly and act within the law, ensuring that they do not use public office for personal gain.
• This sets the tone for leadership that is ethical and committed to the public service.
 Leadership and Integrity for State Officers
(Article 74)
• This article specifically focuses on State Officers, which includes persons holding senior
public positions such as the President, Deputy President, Cabinet Secretaries, Members of
Parliament, and other high-ranking officials. It states that:
• State officers must uphold a high standard of integrity.
• They are required to declare their assets and liabilities to ensure that they are not using their
public office for personal financial gain.
• They should be transparent in the execution of their duties and avoid any actions that would
lead to a conflict of interest.
• This article enforces ethical behavior at the highest level of government, ensuring that
leaders are held to rigorous standards.
 Public Service (Article 232)

• While Chapter Six specifically addresses leadership and integrity, Article 232 lays out the values
and principles of public service that public servants must follow. These principles include:
• Accountability for administrative actions.
• Transparency in decision-making and public administration.
• Efficient and effective delivery of services to all citizens.
• Equal treatment of all people, with special attention to ensuring no discrimination.
• Ethical conduct and the highest standards of behavior in carrying out public duties.
• Public servants are expected to work towards the well-being of all Kenyans, irrespective of their
social, political, or economic status.
 The Role of the Ethics and Anti-Corruption Commission
(EACC) (Article 79)

• The EACC is established under this article with a mandate to:

• Investigate complaints of corruption and violations of ethical standards in the public sector.
• Promote the values of ethics and integrity across both the public and private sectors.
• Ensure that public officers are held accountable for unethical behavior, especially in cases of
corruption, bribery, and misuse of office.
• The EACC plays a crucial role in enforcing Chapter Six by investigating cases of corruption
and abuse of power.
• This commission also works on the prevention of corruption by creating awareness and
advising public officers on ethical conduct.
Disqualification from Holding Public Office (Article 75)

• This article outlines specific circumstances under which a person can be disqualified from
holding public office, including:
• Conviction of a criminal offense involving dishonesty, corruption, or abuse of office.
• Violation of the Constitution or any other law that governs leadership and integrity.
• Failure to adhere to the leadership and integrity standards as outlined in the Constitution.
• Disqualifications are particularly important for ensuring that people who have engaged in
corrupt or unethical activities are not able to occupy public office, thereby protecting the
integrity of public institutions.
 The Leadership and Integrity Code (Article 76)

• In addition to the general provisions of Chapter Six, Article 76 requires that public
officers, including those in leadership, adhere to a Leadership and Integrity Code.
This code:
• Outlines the specific conduct expected of public officials.
• Provides guidelines on how to manage conflicts of interest.
• Sets rules for handling public funds and property, ensuring there is no misuse.
• This Code of Conduct helps institutionalize ethical standards, ensuring clarity about
what is expected from public office holders.
 Removal from Office for Violating Integrity (Article 77)

• Public officials can be removed from office for failure to adhere to the ethical
standards set out in Chapter Six.
• Specifically, removal can occur when an official:
• Is found guilty of misconduct or corruption.
• Violates any provisions regarding leadership and integrity outlined in the
Constitution.
• This provision holds public officials accountable and ensures that leaders who fail to
live up to ethical standards do not continue in their roles.
 Enforcement and Compliance (Articles 78 and 80)
.

• To enforce Chapter Six’s principles, these articles empower independent

bodies like the Public Service Commission (PSC) and the Judicial Service
Commission (JSC) to ensure that public officers maintain ethical standards
in the execution of their duties.
• The Public Officers Ethics Act and Leadership and Integrity Act are the
laws that complement these provisions by setting more specific rules on
leadership conduct
 Special Provisions for Leadership (Article 81)

• This article outlines key requirements for leadership in the political sphere,
emphasizing that leadership should reflect the diversity of the Kenyan population
and be free from gender bias, ethnic discrimination, and favoritism.
• It stresses the need for:
• Inclusive leadership that ensures fair representation across the country.
• Equal opportunities for men and women in political office.
• These provisions aim to promote equality and discourage discriminatory practices in
leadership.
 Judicial Oversight (Article 159)

• The Judiciary has a critical role in ensuring the enforcement of leadership

and integrity standards, particularly through judicial reviews and decisions in
cases where ethical breaches occur.
• The Judiciary ensures that there is accountability for any misconduct that
undermines the Constitution's provisions for good governance.
 Conclusion: The Essence of Chapter Six

• Chapter Six of the Kenya Constitution (2010) is central to the fight against corruption and
the promotion of good governance.
• It lays down clear ethical standards and mechanisms for enforcing integrity within public
offices.
• By requiring transparency, accountability, and ethical conduct, this chapter seeks to
ensure that Kenya's leadership at all levels is not only legally compliant but also morally
responsible.
• In essence, Chapter Six aims to foster a culture of integrity that will help build a fairer,
more just, and less corrupt society, which is crucial for the country’s long-term development
and democratic growth.