Constitution of Kenya

Constitution of Kenya, 2010
Overview
Jurisdiction	Kenya
Ratified	4 August 2010
Date effective	27 August 2010
System	Unitary presidential republic
Government structure
Branches	Three
Chambers	Bicameral (Parliament)
Executive	President
Judiciary	Supreme Court
History
Amendments	13
Last amended	4 July 2019
Author(s)	Committee of Experts
Supersedes	Constitution of Kenya Act, 1969
Full text
Constitution of Kenya (2010) at Wikisource

Politics of Kenya
National Government Constitution History Human rights LGBT rights
Executive President (list) William Ruto Deputy President Rigathi Gachagua Cabinet Prime Cabinet Secretary Musalia Mudavadi Attorney General Justin Muturi Director of Public Prosecutions Renson M. Ingonga
Legislature National Assembly Speaker: Moses Wetangula List of members Constituencies Senate Speaker: Amason Kingi List of members
Judiciary Chief Justice Martha Koome Deputy Chief Justice Philomena Mwilu Supreme Court Court of Appeal High Court Subordinate courts Magistrates Courts Kadhi Courts Courts Martial Tribunals Judicial Service Commission
Administrative divisions Counties Sub-Counties Constituencies
Commissions Offices Electoral and Boundaries Ethics and Anti-Corruption National Human Rights and Equality National Commission on Human Rights Administrative Justice National Land Commission Revenue Allocation Salaries and Remuneration Service Commissions Judicial National Police Parliamentary Public Teachers Offices Auditor-General Controller of Budget
Recent elections General: 2013 2017 2022 Presidential: 2017 (Oct) 2022 Local: 2007 2013 2017
Political parties The National Alliance United Republican Party Orange Democratic Movement Wiper Democratic Movement Party of National Unity Kenya African National Union Kenya National Congress
Foreign relations Ministry of Foreign Affairs Minister: Monica Juma Diplomatic missions of / in Kenya Passport Visa requirements Visa policy
Economic schemes Vision 2030 Kenya Economic Stimulus Program
Kenya portal Other countries
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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. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010.^[1][2] The new Constitution was approved by 67% of Kenyan voters.^[3] The constitution was promulgated on 27 August 2010.^[4]

Constitutional reforms involving wholly new texts since gaining independence: in 1969 and in 2010. In 1969, the 1963 independence constitution was replaced with a new text that entrenched amendments already made to the system of government that the independence constitution had contemplated.^[5]

These changes included: changing the structure of the state from a federal, or Majimbo system, to a unitary system; creating a unicameral instead of bicameral legislature; changing from a parliamentary to a presidential system with a powerful presidency; and reducing the protections of the bill of rights. Further amendments to the 1969 constitution were later effected, including, in 1982, the institution of a de jure single party government.^[5]

The demand for a new constitution to replace the 1969 text with a more democratic system began in the early 1990s, with the end of the Cold War and democratic changes taking place elsewhere in Africa. The single party system was ended in 1991, and the first presidential election took place in 1992. Calls for a comprehensive review of the 1969 Constitution intensified in the late 1990s and early 2000s, helped by the victory of the opposition National Rainbow Coalition (NARC) party in the 2002 general elections. Official and civil society consultation processes led to the adoption of what became known as the "Bomas draft" constitution (after the location of the conference that adopted it).^[5]

However, substantial amendments were nonetheless made to this draft prior to a referendum in 2005, resulting in a split in the then ruling coalition. The Liberal Democratic Party faction of the government, led by Raila Odinga, and supported by KANU led a successful 'No' vote against the amended Bomas Draft (called the Wako draft after the alleged mastermind of the changes). The review of the Constitution stalled and negotiations over the adoption of a new text seemed deadlocked. A deadlock only finally broken by the intervention of the African Union through a mediation team headed by Kofi Annan, following the outbreak of serious post-election violence in early 2008.