THEMES IN HISTORY OF PARLIAMENT

Discuss constitutional changes that took place in Kenya between 1963-2010

Question two;

Highlight the contents of the 2010 version of Kenyan constitution.

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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:

  • multi-party system
  • Prime Minister as head of government
  • President as head of state (mainly ceremonial)
  • 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

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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.

 

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