Article 42 of the constitution of kenya pdf

The constitution enya kenya film classification board. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and. Land and environment land in kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives.

On 25th june 2012, the court certified the case under article 165 4 of the constitution as raising substantial questions of law. Universities act kenya national qualifications authority. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Link, article 19 of the universal declaration on human rights ext. This constitution is the supreme law of the republic. The constitution of the republic of kenya, 1963 as amended.

If a person alleges that a right to a clean and healthy environment recognised and protected under article 42 has been, is. Article 19 analyses freedom of expression regime of. The national values and principles of governance in this article bind all state. Right to just and fair treatment in administrative decisions. The legislative branch section 1 the legislature all legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives.

The constitution of the republic of kenya, 1963 as. Pdf the kenyan constitution, with discussion of the constitutionmaking process. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter. Oct 19, 20 determined to sustain it for the benefit of future generationsthe wording of the constitution in its preamble clearly suggests respect to sustainable development. Subject to the provisions of subarticles 7 and 9 of article 47 and of article 66 of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. If a person alleges that a right to a clean and healthy environment recognised and protected under article 42 has been, is being or is likely to be, denied, violated. The house of representatives shall be composed of members chosen every second year by the people of the several. This text of the constitution is a copy of the text enrolled on november, 2019 pursuant to article 25. Before kenyas constitutional reform in 2010, environmental law in kenya was fragmented and sector specific, lacking a constitutional basis, and was rarely applied by the courts.

Kenya national human rights and equality commission into 2 or 3 separate commissions. Kenya at malindi, being the nearest court with jurisdiction over the area in which the subject matter is situated. Published by the national council for law reporting with the authority of the attorney general. 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. The powers are provided in articles 191 and 192, and in the fourth schedule of the constitution of kenya and the county governments act of 2012. Committee of experts pursuant to section 331 of the constitution of kenya. Article of the constitution is repealed and the following inserted 8 i a citizen of ghana may hold the citizenship of any other country in addition. Chapter twothe republic 4declaration of the republic. Transportation in kenya in relation to article 42 of the constitution declaration 1. Link and article 19 of the international convention. Kaunti za kenya are geographical units envisioned by the 2010 constitution of kenya as the units of devolved government. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.

Cypruss constitution of 1960 with amendments through 20. The people of kenya negotiated for basic needs to be entrenched in the constitution. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Article 19 welcomes the ongoing efforts in kenya to introduce a strong constitutional. Environmental protection in kenyas environment and land. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. This study will analyse how well article 59 of the constitution is distinguished in the national gender commission bill. Revised harmonized draft constitution of kenya comprising. Further, article 59 5 empowers parliament to assign functions to each commission established under clause 4.

Previously, this blogger discussed here the tobacco control regulations 2014 made by the cabinet secretary for health published under legal notice no. Adopted by the national constitution conference on 15 march 2004 20 th october 2004 5. The basis of and the supremacy of the constitution. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. The 2010 edition replaced the 1963 independence constitution. Draft constitution of kenya bomas draft, 15 march 2004. I declare that this thesis is my original work and has not been submitted elsewhere for examination, award of a degree or publication. Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution. Their collective effort gave birth to article 43 of the bill of rights. Other articles also have a bearing on education law, in particular the articles dealing with the family and religion articles 41 and 44.

This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be voidprovided that the provisions of this section as to consistency with. Implementation of article 43 of the constitution of kenya. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Honouring those who heroically struggled to bring freedom and justice to our land. Implementation of article 43 of the constitution of kenya on. The interim constitution paved the way for the 1996 constitution it too contained rights to administrative justice, with lots of resemblance to article 47 of the kenyan constitution. The republic of kenya is a country in east africa bordered by the indian ocean. The proposed constitution of kenya in sec 244 exempts a section of society that profess islam as their religion from broad sections of the bill of rights that relate with personal status, marriage, divorce and inheritance. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. The limits of amendments or corrections of the constitution. Proposed new constitution 2005 means the proposed new constitution of kenya submitted to the referendum on 21. The role and responsibilities of commissioners article 9. Kenya the constitution article 70 whereas every person in kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connection, political opinions, color, creed or sex, but subject to respect for the. The republic of kenya shall be a multiparty democratic state.

Nov 11, 2018 1 if a person alleges that a right to a clean and healthy environment recognised and protected under article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and. Constitution of kenya, 2010 const2010 41 k the monitoring of compliance with the legislation required by article 821 b relating to nomination of candidates by parties. Fair administrative action kenya law reform commission. Kenya country constitutional profile constitutionnet. Constitution of kenya 2010 wikisource, the free online. Adopt, enact and give this constitution to ourselves and to our future generations. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. The constitution allows parliament to restructure the kenya national human rights and equality commission. Kenya is therefore bound by the other provisions on freedom of expression found in ratified regional and international statutes. The constitution of kenya is the supreme law of the republic of kenya. The proposed constitution of kenya in sec 170 provides for the establishment of kadhi courts. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenya is located at the equator and shares biorders with ethiopia in the north, somalia in the northeast, tanzania in the south, uganda and lake victoria in the west, and sudan in the northwest.

Article 42 of constitution states that,every person has the right to a clean and healthy environment. This constitution is the constitution of the republic of kenya and shall have the. Provisions of article 2 and article 10 of the constitution of kenya 2010 reporting framework the constitution of kenya in article 2 1 c i ii on the functions of the president states that. This was a battle led by civil society organisation and groups as well as ordinary kenyans as they presented their views to the ghai commission. For instance, article 47 talks about administrative action being lawful, procedurally fair, expeditious, etc. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the people.