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Kenya and her Constitution, the
story so far…
1963 – Independence
Kenya adopts her first
constitution
1964-9 – 1st Phase of Amendment Process
Highlights:
- Establishment of a Republic,
- Regionalism dismantled in favour of strong centralization
- Bicameral system abolished, National Assembly becomes only legislature
- Power concentrated in the hands of the Presidency
1974-86 – 2nd Phase of Amendment Process
Highlights:
- Voting age lowered from 21 to 18
- Kiswahili made official language of National Assembly
1982 - Kenya made a de jure single party state
1987-92 – 3rd Phase of Amendment
Highlights:
- Tussle between Judiciary and
Parliament over citizens’ rights to bail
- Pluralism reinstated
- Security of tenure for judges removed and then reinstated
1990 – KANU Review Committee
‘Wananchi’ bring
constitutional matters to the fore
1990s - Merits and pitfalls of single party state under KANU leadership
widely debated
- ‘Wananchi’ becoming
increasingly frustrated at their lack of involvement in the political process
and complain of ineffective and corrupt leadership
- Wisdom of having power tilted so
heavily in favour of the Presidency questioned Legal framework for
Constitutional Review process set-up establishing the Constitution of Kenya
Review Commission (CKRC)
2002 – New NARC government elected under Kibaki, promising to deliver
a new constitution in
100 days after coming into office
2004 – Bomas draft of new constitution completed
2005 – Chief Justice Wako publishes new proposed draft constitution
November 21, 2005 – Kenya’s first constitutional referendum!
For more information on the Constitutional Referendum...
I.E.D. (Institute for Education in Democracy) - www.iedafrica.org
K.N.C.H.R. (Kenya National
Commission on Human Rights) - www.knchr.org
I.C.J. (Kenya Section of the
International Commission of Jurists) - www.icj-kenya.org
C.K.R.C. (Constitution of Kenya
Review Commission) - www.kenyaconstitution.org
TI-Kenya (Transparency
International Kenya) - www.tikenya.org
Source: ADILI http://www.tikenya.org/
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