Discuss constitutional changes that took place in Kenya between 1963-2010
Question two;
Highlight the contents of the 2010 version of Kenyan constitution.
Full Answer Section
1966: Further amendments:
- Abolished the Senate
- Created a unicameral National Assembly
1969: A new constitution replaced the 1963 document. However, it was amended numerous times in the following decades, gradually concentrating power in the presidency and weakening checks and balances.
1982: An amendment formalized a
one-party state under the Kenya African National Union (KANU).
1991: The one-party state was abolished, but the amendments that strengthened the presidency remained.
Demands for Change: By the early 2000s, calls for a new constitution grew stronger. Kenyans desired a document that:
- Protected fundamental rights
- Limited presidential power
- Promoted democratic principles
2010 Constitution: A New Era
In 2010, a new constitution was enacted after a national referendum. This document marked a significant shift towards a more democratic and accountable government. Here are some key features of the 2010 Constitution:
- Bill of Rights:A comprehensive list of fundamental rights and freedoms guaranteed to all Kenyans.
- Devolved System of Government:Power is shared between the national government and 47 county governments, promoting decentralization and citizen participation.
- Separation of Powers:Clear division of power among the executive, legislature, and judiciary, with checks and balances to prevent abuse of power.
- Strengthened Independent Institutions:Establishment of independent commissions to oversee areas like elections, human rights, and corruption.
- Land Reforms:Measures to address historical injustices related to land ownership and promote equitable access to land.
The 2010 Constitution is considered a landmark achievement for Kenya. It established a framework for a more just, equitable, and democratic society.
Sample Answer
Kenya's constitution underwent significant changes between its independence in 1963 and 2010. Here's a breakdown of the key milestones:
1963: Kenya gains independence from Britain. The independence constitution establishes a Westminster-style parliamentary system with:
- A multi-party system
- A Prime Minister as head of government
- A President as head of state (mainly ceremonial)
- A bicameral parliament with a Senate and House of Representatives
1964: A constitutional amendment transforms Kenya into a republic. This change:
- Abolished the position of Prime Minister
- Made the President both head of state and head of government
- Increased the President's power