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"Always bear in mind that your own resolution to succeed is more important than any one thing. Abraham Lincoln" - The_god_damned

Kenyan Constitution

  • Date Submitted: 11/22/2013 01:39 AM
  • Flesch-Kincaid Score: 41.1 
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Kenya’s new constitution was enacted on 27th August 2010 replacing the old one that had been in place since Kenya’s Independence in 1963 besides numerous amendments that made it very porous. The promulgation of this new constitution marked the end of one of the longest journeys in Kenyan history. It took more than a two decade to fight for this reform. Many Kenyans voted for this new constitution in a referendum that led to a historic and spectacular moment in Kenya’s democracy. This paper will briefly explain some differences between the old and the new constitution and their implications to Kenyan’s democratic political system.

The preamble sets out the collective Kenyan spirit for making this constitution. The old constitution did not have a preamble. The spirit of our forefathers had been lost with the passage of time. The new constitution recognizes the Sovereignty of the people and the supremacy of the constitution. This secures the people from abuse by those that will wield power.
The old constitution failed to recognize the supremacy of the people. Rather it placed the institution of the Presidency above all else through direct and indirect interpretation. The foundation of the Republic is set out. National values and principles of governance are the biggest win in this chapter.
All institutions of public life as well as the officers populating them are well guided by these principles. This lays the foundation for similar interpretation of the law and standard behavior of public officers. All this does not exist in the old constitution.
In the new constitution, citizenship is defined. Citizen rights are explicit and secured. Dual citizens provided for thus protecting the Kenyans who may go to other countries so that they don't lose their Kenyan citizenship unless by personal choice.
In the new constitution, the Bill of Rights is for once so elaborate the state will not be allowed to grant rights. The exceptions as to when...


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