Kenya is an African country located on the shores of the Indian Ocean, sharing a border with South Sudan, Ethiopia, Somalia, Uganda, Tanzania. The population of this country is approx 5,15,26,000 with 5,80,367 square kilometers area. Official languages are Swahili and English. Swahili is the lingua franca in Africa. A lot of ethnic communities including 17.13% Kikuyu, 14.35% Luhya, 10.65% Luo, 9.81% Kamba, 5.85% Somali, 5.68% Kisii, 5.23% Mijikenda, 4.15% Meru live in Kenya. Religiously, 85% are Christians, followed by Muslims.
If a Country is economically weak, its constitution will be 'weak' - It's not right at all. Kenyan constitution is one of the best constitutions in the world. Kenya's constitution mandates equitable sharing of revenue collected between the national and local governments. Freedom of speech is recognized, but restrictions are imposed on war propaganda, incitement to violence, hate speech, etc. Every adult citizen has the right to marry someone of the opposite gender by mutual consent. A political party shall not be established on the basis of religion, language, ethnic community, gender or region.
It is guaranteed that a particular gender can not dominate constitutional posts. Many countries in the world have or had women-only political parties - most of which have failed or been very less successful. Leaders of all these political parties should read the Constitution of Kenya.
A candidate shall be declared President-elect if the candidate receives more than half of the votes cast in the election; and won at least twenty-five percent of the vote in each of more than half the counties. The second is the extremely difficult condition which is not realistic, but this democratic mindset of the Kenyan citizens is admirable. But if such a rule were made, if half of the total electorate in each county did not vote, the entire vote of that county would be retaken - it would be more effective.
These are positive aspects. Now let's discuss the negative aspects.
The Constitution of Kenya recognizes the existence of God. Although Christians are 85%, there is a separate judicial system for Muslims in special cases. The county is given the power to levy taxes, which is odd. Each county may levy a different tax in each location, and someone specific can be targeted and abused.
Admirable Articles of Kenya's Constitution
2. Supremacy of this Constitution (Part of it)
1. This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
2. No person may claim or exercise State authority except as authorised under this Constitution.
3. The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
4. Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
3. Defence of this Constitution
1. Every person has an obligation to respect, uphold and defend this Constitution.
2. Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.
21. Implementation of rights and fundamental freedoms (Part of it)
1. It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
22. Enforcement of Bill of Rights (Part of it)
1. Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
2. In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by-
a. a person acting on behalf of another person who cannot act in their own name;
b. a person acting as a member of, or in the interest of, a group or class of persons;
c. a person acting in the public interest; or
d. an association acting in the interest of one or more of its members.
26. Right to life
1. Every person has the right to life.
2. The life of a person begins at conception.
3. A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
4. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
27. Equality and freedom from discrimination (Part of it)
4. The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
33. Freedom of expression
1. Every person has the right to freedom of expression, which includes-
a. freedom to seek, receive or impart information or ideas;
b. freedom of artistic creativity; and
c. academic freedom and freedom of scientific research.
2. The right to freedom of expression does not extend to-
a. propaganda for war;
b. incitement to violence;
c. hate speech; or
d. advocacy of hatred that-
i. constitutes ethnic incitement, vilification of others or incitement to cause harm; or
ii. is based on any ground of discrimination specified or contemplated in Article 27 (4).
3. In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
41. Labour relations
1. Every person has the right to fair labour practices.
2. Every worker has the right-
a. to fair remuneration;
b. to reasonable working conditions;
c. to form, join or participate in the activities and programmes of a trade union; and
d. to go on strike.
3. Every employer has the right-
e. to form and join an employers organisation; and
f. to participate in the activities and programmes of an employers organisation.
4. Every trade union and every employers' organisation has the right-
a. to determine its own administration, programmes and activities;
b. to organise; and
c. to form and join a federation.
5. Every trade union, employers' organisation and employer has the right to engage in collective bargaining.
45. Family (Part of it)
1. The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
2. Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
3. Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
77. Restriction on activities of State officers (Part of it)
1. A full-time State officer shall not participate in any other gainful employment.
81. General principles for the electoral system (Part of it)
The electoral system shall comply with the following principles-
d. universal suffrage based on the aspiration for fair representation and equality of vote; and
e. free and fair elections, which are-
i. by secret ballot;
ii. free from violence, intimidation, improper influence or corruption;
iii. conducted by an independent body;
iv. transparent; and
v. administered in an impartial, neutral, efficient, accurate and accountable manner.
91. Basic requirements for political parties
1. Every political party shall-
a. have a national character as prescribed by an Act of Parliament;
b. have a democratically elected governing body;
c. promote and uphold national unity;
d. abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;
e. respect the right of all persons to participate in the political process, including minorities and marginalised groups;
f. respect and promote human rights and fundamental freedoms, and gender equality and equity;
g. promote the objects and principles of this Constitution and the rule of law; and
h. subscribe to and observe the code of conduct for political parties.
2. A political party shall not-
a. be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
b. engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
c. establish or maintain a paramilitary force, militia or similar organisation;
d. engage in bribery or other forms of corruption; or
e. except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.
137. Qualifications and disqualifications for election as President (Part of it)
1. A person qualifies for nomination as a presidential candidate if the person-
a. is a citizen by birth;
b. is qualified to stand for election as a member of Parliament;
c. is nominated by a political party, or is an independent candidate; and
d. is nominated by not fewer than two thousand voters from each of a majority of the counties.
138. Procedure at presidential election
1. If only one candidate for President is nominated, that candidate shall be declared elected.
2. If two or more candidates for President are nominated, an election shall be held in each constituency.
3. In a presidential election-
a. all persons registered as voters for the purposes of parliamentary elections are entitled to vote;
b. the poll shall be taken by secret ballot on the day specified in Article 101 (1) at the time, in the places and in the manner prescribed under an Act of Parliament; and
c. after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result.
4. A candidate shall be declared elected as President if the candidate receives-
a. more than half of all the votes cast in the election; and
b. at least twenty-five per cent of the votes cast in each of more than half of the counties.
5. If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be-
a. the candidate, or the candidates, who received the greatest number of votes; and
b. the candidate, or the candidates, who received the second greatest number of votes.
6. If more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) (a).
7. The candidate who receives the most votes in the fresh election shall be declared elected as President.
8. A presidential election shall be cancelled and a new election held if-
a. no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations;
b. a candidate for election as President or Deputy President dies on or before the scheduled election date; or
c. a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President.
9. A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election.
10. Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall-
a. declare the result of the election; and
b. deliver a written notification of the result to the Chief Justice and the incumbent President.
175.Principles of developed government (Part of it)
County governments established under this Constitution shall reflect the following principles-
c. no more than two-thirds of the members of representative bodies in each county government shall be of the same gender.
197. County assembly gender balance and diversity
1. Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
2. Parliament shall enact legislation to-
a. ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee; and
b. prescribe mechanisms to protect minorities within counties.
201. Principles of public finance
The following principles shall guide all aspects of public finance in the Republic-
a. there shall be openness and accountability, including public participation in financial matters;
b. the public finance system shall promote an equitable society, and in particular-
i. the burden of taxation shall be shared fairly;
ii. revenue raised nationally shall be shared equitably among national and county governments; and
iii. expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas;
c. the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations;
202. Equitable sharing of national revenue
1. Revenue raised nationally shall be shared equitably among the national and county governments.
2. County governments may be given additional allocations from the national government's share of the revenue, either conditionally or unconditionally.
Facts of Kenya's Constitution
Preamble (Part of it)
We, the people of Kenya -
ACKNOWLEDGING the supremacy of the Almighty God of all creation:
GOD BLESS KENYA
170. Kadhis’ Courts
1. There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
2. A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person-
a. professes the Muslim religion; and
b. possesses such knowledge of the Muslim law applicable to any sects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi's court.
3. Parliament shall establish Kadhis' courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
4. The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi's court having jurisdiction within Kenya.
5. The jurisdiction of a Kadhis' court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi's courts.
209. Power to impose taxes and charges (Part of it)
1. Only the national government may impose-
a. income tax;
b. value-added tax;
c. customs duties and other duties on import and export goods; and
d. excise tax.
2. An Act of Parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3)(a) or (b).
3. A county may impose-
a. property rates;
b. entertainment taxes; and
c. any other tax that it is authorised to impose by an Act of Parliament.
