The Supreme Court of Kenya is the highest court in Kenya . It is established under Article 163 of the Kenyan Constitution . As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country.
104-672: The Building Bridges Initiative (BBI) was a proposed set of amendments to the Constitution of Kenya initially proposed in October 2019. In the wake of the 2017 general election annulment and subsequent re-run , incumbent President Uhuru Kenyatta mandated the formation of the Presidential Taskforce on Building Bridges to Unity Advisory on 31 May 2018. The Taskforce was assigned to provide constitutional and legislative solutions in 9 broad categories: In October 2019,
208-507: A BBI constitutional committee to present the BBI as a popular initiative , allegedly started by ordinary citizens, as allowed by the Kenyan constitution. A BBI task force gathered five million signatures in support of the proposal. The BBI was reportedly a matter of great political importance to both Kenyatta (who was due to leave office shortly thereafter) and Odinga (who was expected to run for
312-725: A Cabinet of Ministers and Deputy Ministers who are not required to already be Members of the National Assembly and would be granted special seats if not already elected. From this Cabinet, two Deputy Prime Ministers would be nominated by the President, subject to a vote in Parliament. Unique to the Cabinet's Finance Minister would be the sole power to halt government funding for a national or county-level "state organ" deemed fiscally irresponsible, though this would be subject to
416-699: A Principal and a limited autonomy Agent as opposed to an Agent and Agent relation in the Federal System. More checks and balances have been introduced as requirements for accountability of both levels of government. The Parliament( Senate and National Assembly) has much discretion on the budgetary allocations to the County Governments. Every Five years the Senate receives recommendations from the Commission of Revenue Allocation (Article 217) and
520-451: A blow to President Kenyatta's outgoing administration, and the election chances of his endorsed candidate, former rival Raila Odinga , in 2022 . Journalists and political professionals in Kenya agree that "President Kenyatta and Odinga must go back to the drawing board to find a formula for satisfying competing interests." A referendum on the BBI reforms would've been an electoral test run for
624-414: A brief verdict on September 1, 2017, saying that it did not have the time to prepare a full reasoned judgment due to the amount of evidence presented. A full judgment is to be read in 21 days. A fake a screenshot shared on Facebook with a tweet purported to be from Supreme Court of Kenya Judge Njoki Ndung’u claiming to have accused Chief Justice (CJ) Martha Koome of being compromised in her judgement of
728-598: A case filed six years ago, declared the inclusion of the Kadhi court illegal and against the principles of non-discrimination, separation of religion and state and constitutionalism. A section of the Muslim leadership vowed to retaliate the ruling by seeking their own judicial declaration that the teaching of Christian religious Education in public school curriculum is illegal. The education curriculum includes religious education syllabus for both Christianity and Islam. Following
832-410: A constitution alone will not generate the desired changes; what matters is how the constitutional commitments are translated into policy and practice. Supreme Court of Kenya The Supreme Court has both original and appellate jurisdiction, as well as the jurisdiction to give advisory opinions. The Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to
936-535: A matter of general public importance. The Supreme Court may review a certification by the Court of Appeal and either affirm, vary or overturn it. The Supreme Court has the jurisdiction to render advisory opinion at the request of the National Government, any state organ, or any county government with respect to any matter concerning County Governments. It can also determine the validity of a declaration of
1040-517: A multi-party parliamentary system of democracy. He also claimed that the BBI's proposed changes to the National Police Service Commission and Judiciary Ombudsman positions would strip these offices of any pretense of independence from Kenya's executive. Finally, Ruto refuted the idea that the BBI promoted gender equality by instituting candidate and legislator quotas, especially in a disempowered Senate: "...we are making
1144-514: A newly reformed Senate fashioned after the American two-senators-per-state model, new language in Article 98 mandates gender parity. Each county is required to send one woman and one man. Three additional members of the Senate will be added, one of whom will represent all county governors, and two will be nominated by a "statutory body responsible for the professional regulation of accountants," for
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#17328007729181248-421: A nod to incumbent politicians, the BBI reforms would not bring "a true parliamentary system," or "any sort of solution to Kenya's problems." Dr. Patrick Mbugua, an expert on Peace & Conflict Studies applied a peace studies framework to the BBI and found that, given its unclear institutional origins as well as its contents, the legislation would not solve political violence in Kenya. Mbugua asserted that because
1352-426: A patriotic school curriculum and criminalization of hate speech and electoral violence would do little to solve Kenya's continuing political violence. The BBI's reforms assume that the offices in its newly expanded executive branch would all be filled by members of different ethnic groups, dependent on the President as the "appointing authority." Mbugua disagrees, arguing that "good faith cannot be legislated," and citing
1456-619: A presidentially-proposed popular initiative was not in the Constitution, "the BBI project has illegally spent and continues to spend taxpayer's money. No disclosures are made on what the money has so far been spent and how much more is expected." Despite these criticisms, Karua has since joined Raila Odinga's Azimio la Umoja ticket as his nominee for Deputy President. Although the BBI Constitutional Amendment Bill had gathered over 1 million valid signatures and
1560-642: A program of Constitutional reform which would facilitate their power-sharing, which later became the Building Bridges Initiative. Following "the Handshake" on 9 March, the original Building Bridges Initiative task force was announced, and on 31 May 2018, President Kenyatta officially decreed the creation of the Presidential Taskforce on Building Bridges to Unity Advisory, and the appointment of its 14 Members and 2 Secretaries. Both President Kenyatta and former Prime Minister Odinga claimed that
1664-498: A referendum in 2005, resulting in a split in the then ruling coalition. The Liberal Democratic Party faction of the government, led by Raila Odinga , and supported by KANU led a successful 'No' vote against the amended Bomas Draft (called the Wako draft after the alleged mastermind of the changes). The review of the Constitution stalled and negotiations over the adoption of a new text seemed deadlocked. A deadlock only finally broken by
1768-545: A referendum on Hustlers —Ruto's promised economic reform— vs. Dynasties —the alliance between two of Kenya's most prominent political families—. Kenyatta and Odinga's Azimio la Umoja coalition remains committed to the BBI as a centerpiece of their platform. After the High Court ruling in May, former Prime Minister Odinga voiced his continued belief in the reform package. As Kenya's politics are still split along ethnic lines, with
1872-528: A resolution is passed on the criteria for Revenue allocation. The National Government is constitutionally barred from intruding wilfully with the county government role and function under the Fourth Schedule. Exceptions may require parliamentary approval (Article 191 and 192). The National Government has a role to play in the County level by performing all the other functions that are not assigned to
1976-454: A simple majority of votes, and as long as "at least [20%] of [registered voters] in each of at least half of the counties vote in the referendum," then the Constitution is amended. However, the legislation crafted out of the Building Bridges Initiative called for an "amendment by popular initiative," by which an amendment to the Constitution can be proposed by a popular petition with at least 1 million signatures of registered voters. The petition
2080-766: A state of emergency, an extension of such a declaration, or any legislation enacted in consequence of a declaration of a state of emergency. These are provided for in Section 3 of the Supreme Court Act, No. 7, of 2011. The Supreme Court is made up of seven judges: the Chief Justice , who is the President of the Court, the Deputy Chief Justice , who is the Vice-president of the Court, and five other judges . Like all other judges of
2184-614: A sweeping 78 constitutional amendments were proposed in the Constitutional Amendment Bill of 2020, affecting 13 of the Kenyan Constitution's 18 chapters. The proposed amendments include changes in these key areas: New general language was inserted into the Constitution in the opening chapters on "The Republic," and "Citizenship," particularly relating to national values. A new article committed to advancing "African Unity and political confederation of
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#17328007729182288-558: A total of 97 representatives. County gubernatorial/deputy gubernatorial tickets would also now require gender parity. The most controversial and impactful reform proposed in the BBI package is the unilateral increase in size made to the National Assembly. 70 new districts would be added, for a total of 360 members, though the first-past-the-post electoral system would be preserved, along with existing constituencies. Special seats will also be allocated specifically for people with disabilities and youth, to increase marginalized voices' presence in
2392-426: A unifying framework that pushes groups into political and economic cooperation, however it is argued that this can lead to ineffective leadership and enforcement of political and societal rules. Warah claimed that police officers and teachers serving in the areas they grew up and were educated in often increases community buy-in, as opposed to the nationalization of policing and educational vocational training proposed in
2496-399: A viable way to keep corruption in check. United States Secretary of State Hillary Clinton said that "I am pleased that they have taken this step, which represents a major milestone." Other United States diplomats also commented on the unity and meaningful intent which Kenyans were presenting in approaching the reform. Non-profits concerned with civil society and other reforms also praised
2600-567: A vote by the National Assembly or Senate for national or county matters respectively. As a consolation prize, the runner-up in the Presidential election will be granted the title of Leader of the Official Opposition and a special seat as a member of the National Assembly, as long as their party won at least a quarter of the seats in the most recent election. The Prime Minister and Leader of the Official Opposition cannot be from
2704-546: Is a right shared by the citizens and the Parliament, with the President being nominally confined to the signing of the already-passed amendment bill. The High Court ordered the Independent Electoral and Boundaries Commission to halt its preparations for a national referendum on the BBI Constitutional Amendment Bill. On 16 May 2021, the Attorney General ask the High Court to suspend their decision while
2808-408: Is multicameral and will constitute of the following Source: There will be three superior courts: An independent Judicial Service Commission has been set up to handle the appointment of judges. They will recommend a list of persons to be appointed as judges by the president (this article will be enforced after the transitional period). The commission will consist of the following: Devolution to
2912-557: Is publicly skeptical of the BBI, arguing for prioritizing "bottom up" economic change before massive constitutional alteration. After the Supreme Court ruling, Ruto publicly called on President Kenyatta and Former Prime Minister Odinga to apologize to the people for "wasting four good years of our time" with the BBI reforms. Ruto's Kenya Kwanza coalition is made up of nine parties, including the Democratic Party, headed by
3016-540: Is then evaluated by the IEBC, which submits the bill containing the proposed amendments to each of the 47 county assemblies for approval within three months. If passed with simple majority support from over 50% of the county assemblies, the Bill then goes to parliament, where it requires only simple majority support to then be signed by the President. If the Bill fails to clear the 50% support threshold in either House of Parliament,
3120-554: The Government of Canada , I wish to congratulate Kenya on the adoption of its new constitution. This is a significant achievement and an important moment in Kenya's history. We welcome the leadership shown by President Mwai Kibaki and Prime Minister Raila Amolo Odinga within the Grand Coalition Government in bringing Kenyans together to tackle their future and make progress through dialogue, and in implementing
3224-490: The Kenya Private Sector Alliance (KEPSA), openly opposed the new style of government. Eventually the contentious issue of the position of Prime Minister was removed. The remaining contentious issues primarily concern abortion , Kadhi courts and land reform. Mainstream Christian leaders in Kenya object to the constitution A three Judge Bench of the High Court has since, in a landmark ruling of
2021 Kenyan constitutional referendum attempt - Misplaced Pages Continue
3328-443: The 1-to-2 ratio in candidate lists would result in a 1-to-2 gender ratio in actually elected representatives, the Constitution provides for "special top-up seats," which will be allocated to female candidates to achieve mandated gender parity, though this provision sunsets after 15 years. A similar requirement is mandated for all county assemblies, though the gender-equalizing top up seat provision sunsets in this case after 10 years. In
3432-493: The BBI "started as an exclusive and opaque process driven by two men," and was heavily influenced by their existing political alliances, "the process was heavily skewed towards the interests of [President Kenyatta and former Prime Minister Odinga]." Asserting that Kenya's electoral violence was never truly about ethnic tension, but was instead politically motivated and encouraged by the state, the BBI's proposals to fix "ethnic antagonism and competition" and "divisive elections" through
3536-456: The BBI bill to the referendum stage, the proposed referendums drove a deeper wedge in an already deeply polarized political climate: Incumbent Deputy President and main opposition candidate in the upcoming 2022 Kenyan Presidential election, William Ruto, was sharply critical of the bill. He identified five key pieces of the proposal — particularly those that would expand the power and size of Kenya's executive branch— as concerning. He asserted that
3640-413: The BBI's reforms. The 2010 Constitution already includes articles that put the police under civilian control, yet violence ordered by the state is still prevalent in Kenyan policing. Others raised objections similar to Ruto's, that with an expanded executive and a new order of precedence in Kenya's parliamentary procedures, the government would "[start] to look rather like a one-party state." And given that
3744-534: The Baringo county assembly decision had been vetoed by a local court, and two counties had not held votes. Members of the National Assembly then overwhelmingly passed the BBI Constitutional Amendment Bill, voting 224-63 in favor, with two abstentions. Members of the Presidential Taskforce on Building Bridges to Unity Advisory were tasked with addressing nine major categories through legislative and constitutional policy proposals: To address these nine major challenges,
3848-465: The Bill is again voted on in a national referendum, requiring the same 20% of registered voter turnout in at least half the counties, and a simple majority of votes. While the BBI Constitutional Amendment Bill was originally brought before parliament in 2020, President Uhuru Kenyatta ultimately decided to change tactics, and the BBI Secretariat, began a signature collection drive, which reached
3952-564: The Committee of Experts who published a Proposed Constitution on 23 February 2010 that was presented to Parliament for final amendments if necessary. After failing to incorporate over 150 amendments to the proposed constitution, parliament unanimously approved the proposed constitution on 1 April 2010. The proposed constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and
4056-603: The County Government as listed on the Fourth Schedule (Part 1). The new constitution makes important reforms to the previous framework on citizenship, in particular by ending gender discrimination in relation to the right of a woman to pass citizenship to her children or spouse; by ending the prohibition on dual citizenship; and by restricting the grounds on which citizenship may be taken away. The text has been criticised, however, for not providing sufficient protections against statelessness for children or adults. After
4160-425: The Court when they filed a similar petition after the 2013 general election. However, the coalition announced three days later that they would file a case following the government's decision to shut down two leading civil society organisations that had been expected to file a petition at the Court. Raila Odinga's petition was based on several grounds, including the discrepancy in the presidential vote tally compared to
4264-511: The Fourth schedule and also as result of Article 192 which gives the president the power to suspend a county government under certain conditions. A conflict of laws between the two levels of government is dealt with under Article 191 where National legislation will in some cases override County legislation. The relationship between the National Government and the Counties can be seen as that of
2021 Kenyan constitutional referendum attempt - Misplaced Pages Continue
4368-406: The IEBC's official results. After three days of deliberation, the Supreme Court ruled in favor of annulling the election, and a new Presidential election was scheduled for 17 October. A week before the re-run, former Prime Minister Odinga announced he was withdrawing from the election, citing a lack of "legal and constitutional guarantees" against another allegedly fraudulent result. President Kenyatta
4472-709: The Judiciary Ombudsman, is also established by the BBI, whose primary obligation would be the oversight of a new judicial impeachment process based on "public complaint," though they would also hold a non-voting position on the existing Judicial Service Commission. New language would empower the Judicial Service Commission to "discipline judicial officers including judges." Elected members of the commission would also be barred from practicing or serving in courts and tribunals to guard against conflicts of interest. A similar change would be made to
4576-556: The Kenyan Parliament and must pass both chambers with 2/3rds supermajority support. Then, the Speakers of the two Houses of Parliament jointly submit the Bill for the President's signature. However, according to Article 255 of the Constitution, a national referendum to approve the changes must be called after the President signs the bill if its amendments relate to any of the following: " " Should this referendum pass with
4680-490: The Kenyatta was not eligible to undertake such an amendment process because he was not simply an ordinary citizen—the only people authorized by the constitution to undertake such an effort. The court further chastised President Kenyatta, saying that his BBI constitutional committee was illegal, and the five million signatures it gathered were not proof that it was a true citizen-led initiative, saying: The court added that
4784-479: The National Assembly. The Prime Minister must be nominated from the sitting National Assembly and would receive a seat on the National Security Council upon being confirmed. If a President fails twice to nominate a Prime Minister who holds the confidence of the National Assembly, their third nomination is not subject to a National Assembly vote. New language also empowers the President to appoint
4888-404: The National Assembly. To check and balance a larger and more influential Parliament, an expanded executive branch is also mandated. The BBI reestablishes the position of Prime Minister, which was initially introduced after the 2007 constitutional crisis, but abolished in 2013. This position would be appointed and dismissed by the President, but would also be subject to majority votes of confidence in
4992-423: The President appointing a political ally to a Constitutionally-empowered Prime Ministerial position would not "[sort out] the winner-takes-all question," pointing out that in Kenya's current Parliament, every powerful office under the BBI system would be held by the incumbent Jubilee Party. He also took issue with the BBI's specific mentions of powers for either the "majority" or "minority" party as Kenya currently has
5096-585: The Taskforce published their findings, which were incorporated into the Constitutional Amendment Bill, introduced in November 2020. The initiative consisted of 78 amendments, spanning 13 of the Constitution's 18 chapters. After the Bill passed, a Constitutional referendum was scheduled to occur in Kenya in June 2021, per the Kenyan Constitution. The referendum, which was approved by 30 of the 47 county assemblies,
5200-538: The United Nations Human Settlements Program wrote, "The BBI report recognises that ethnic divisions have polarised the country, but it does not acknowledge that ethnic polarisation is the result of a political leadership that forms opportunistic tribal alliances for its own advantage and is happy to pit one ethnic community against another in order to win elections." The BBI's provisions on education and ethnic leadership are based on
5304-764: The aftermath of both the 2007 and 2013 general elections , the latter of which saw incumbent President Uhuru Kenyatta elected for the first time. In the face of such destabilizing, political, ethnically-motivated violence, a subsequent constitutional crisis produced a grand coalition government and a new Constitution in 2010 , as well as a protracted process in the International Criminal Court which saw Uhuru Kenyatta and his future Deputy President William Ruto accused of crimes against humanity. Despite these charges, both Kenyatta and Ruto continued to serve as President and Deputy President respectively, and seek election together in 2017. While there
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#17328007729185408-597: The alliance between Kenyatta and Odinga formed the Azimio la Umoja coalition, while those who did not, including the incumbent Deputy President William Ruto, formed their own pact: the Kenya Kwanza Coalition. Of the 416 members of the Parliament of Kenya in both houses, over 180 members have changed their party affiliation from 2017. While the exact terms of President Kenyatta and former Prime Minister Odinga's agreement have not been published, both men agreed on
5512-578: The approach. For example, the Africa director for the International Foundation for Electoral Systems said that "The fact that they are bringing in stakeholders to lend their voice and make recommendations will strengthen civil society because they will keep a close eye on the process and, if it is passed, will ensure that it is respected and properly implemented." Canadian Foreign Affairs Minister Lawrence Cannon stated: "On behalf of
5616-406: The approval of a majority of the county assemblies, a five-judge panel from Kenya's High Court of Justice ruled on 13 May 2021 that President Kenyatta had violated the Constitution of Kenya through his heavy-handed involvement with the entire amendment process, making a critical Constitutional error by choosing to advocate for a popular initiative. Under the Constitution of Kenya, Constitutional reform
5720-485: The breakdown of Kenya's 2017 alliance system in favor of today's realignment as proof. He agrees with Professor Ghai's criticisms about too much concentrated executive power: "[The BBI] echoes the late Mobutu Sese Seko 's strategy in Zaire of co-opting would-be opponents, letting them feed at the state trough, rotating them in and out of office, and encouraging them to become wealthy through corruption to neutralise them....as
5824-534: The chief goal of the BBI task force was to address the problems inherent in Kenya's "winner-take-all" electoral system. The Taskforce carried out a large-scale research mission, spending 18 months meeting with citizens in all of Kenya's 47 counties, totaling more than 7,000 citizens. Over 400 elected leaders at the National and County level were consulted, as well as 123 "individuals representing major institutions, including constitutional bodies and major stakeholders in
5928-503: The collapse of Mobutu's Zaire shows, such a strategy does not foster durable peace." Before the rulings on BBI, objections to the constitutionality of its process were also raised. Dr. Westen K. Shilaho at the University of Johannesburg wrote in a Quartz Africa article that the BBI "is a product of an informal process - there is no provision for it under [Kenya's] Constitution." The passage of BBI would mean that presidents would have
6032-518: The content of the BBI Constitutional Amendment Bill, which leaves open the possibility that should a proper process be conducted through either another signature drive, or a properly conducted Parliamentary vote and subsequent referendum, the institutional changes promised in the BBI Bill could still be approved by Kenyans without President Kenyatta's expressed involvement. International and domestic journalists agree that these repeated legal defeats are
6136-434: The contentious 2017 presidential election (initially ruled illegal by the Supreme Court, which forced President-elect Kenyatta into a re-run), the two leading contenders—rivals Uhuru Kenyatta (who won election) and Raila Odinga —proposed a "Building Bridges Initiative" (BBI), which consisted of a number of proposed amendments to Kenya's constitution. Promoted by Kenyatta and Odinga as a way to resolve factional tensions in
6240-475: The country in which the candidates enjoyed varied support. A statistician prepared an affidavit to show that this gap was statistically impossible if votes came in randomly from different parts of the country. The petitioner also alleged that results declaration forms submitted by the electoral commission were forged to mirror the computer-generated results that were publicly displayed on the results transmission portal that had been hacked, prompting Odinga to refer to
6344-534: The county governments will only be autonomous in implementation of distinct functions as listed in the Fourth Schedule (Part 2). This is in contrast with the Federal System in which Sovereignty is Constitutionally divided between the Federal government and the States. The Kenyan Devolution system still maintains a Unitary Political Concept as a result of distribution of functions between the two levels of government under
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#17328007729186448-491: The current Speaker of the National Assembly, Justin Muturi , who was previously a close ally of President Kenyatta. Ruto has been sharply critical of the alliance between Odinga and Kenyatta as an alliance of elites on both sides: "Today in Kenya you have a mongrel of a governance system, […] you don't know whether the government is in opposition or the opposition is the one that is in government." Ruto has committed to "[accepting]
6552-483: The document and then parliament could decide whether to subject it to a referendum in June 2010. The public was given 30 days to scrutinize the draft and forward proposals and amendments to their respective members of parliament, after which a revised draft was presented to the Parliamentary Committee on 8 January 2010. The Parliamentary Select Committee (PSC) revised the draft and returned the draft to
6656-568: The draft of the constitution was released the type of government which would be implemented with the constitution was a debate amongst the various government coalitions. The two major political parties, the Party of National Unity and the Orange Democratic Movement disagreed on many points. the greatest discrepancy in opinion was over the nature of the executive branch of the government. The economic interest represented by
6760-622: The eastern Africa region," as well as the Sustainable Development goals set out by the U.N. Additional new articles in these chapters included firmer state commitments to protecting intellectual property and data privacy, as well as advancing economic digitization. New responsibilities for citizens include "national unity," "well-being of the family," "[combatting] corruption," self-improvement, paying taxes, respecting private property, and African unity. The BBI also included several constitutional commitments to Parliament prioritizing
6864-423: The elected leaders as "Vifaranga vya computer", Swahili for "computer hatchlings" or computer-generated leaders. At the conclusion of the hearing, the Supreme Court rendered a majority decision on September 1, 2017 holding that the election was not conducted in accordance with the Constitution and other electoral laws, that there were illegalities and irregularities committed by the electoral commission including in
6968-624: The election as free and fair, opposition leader and presidential candidate of the National Super Alliance (NASA), Raila Odinga , suggested that the Independent Electoral and Boundaries Commission (IEBC) had been hacked, and that vote totals had been tampered with. Odinga then went on to challenge the electoral results, appealing to the Supreme Court of Kenya . Representatives of both Odinga's National Super Alliance and President Kenyatta's Jubilee Party were allowed to audit
7072-480: The elections in 2017, 2013, and 2007 all saw fierce competition between coalitions of roughly equal size, at least half of Kenya's voters and political establishment would be shut out of power for years. Professor Jill Cottrell Ghai at the Katiba Institute for Kenyan constitutional law claimed that given its adherence to a first-past-the-post electoral system, and pledge to preserve existing constituencies in
7176-421: The end of the petition, the Supreme Court declined to nullify the election and affirmed the victory of Uhuru Kenyatta. The 2017 presidential election took place on August 8, 2017, with the IEBC declaring Uhuru Kenyatta as the winner. Although Raila Odinga and his NASA coalition leaders challenged the declaration, they indicated that they would not file a petition in the Supreme Court given their experience at
7280-495: The event, former Prime Minister Odinga declared, "The rift that has existed since independence now comes to an end with this act." President Kenyatta echoed his former rival: "We have come to a common understanding. An understanding that this country Kenya is greater than any one individual." This new alliance fundamentally reshaped and realigned Kenyan politics. Constituent parties in both the Jubilee and NASA coalitions who supported
7384-423: The government filed with the Court of Appeal to hear the case again. On 21 August 2021, the Court of Appeal upheld the illegality of the BBI Constitutional Amendment Bill's unconstitutional process after 10 hours of deliberation. Like the High Court, the seven-judge panel agreed that constitutional amendments could only be initiated through Parliamentary proceedings or popular initiative, regardless of whether or not
7488-436: The government would appeal the Court of Appeal's decision, taking the case to the Supreme Court of Kenya. On 31 March 2022, The Supreme Court upheld the two lower courts' rulings that the BBI amendment process was unconstitutional. The seven Justices decided on seven key points of the BBI's unconstitutionality: Aside from the ruling on increasing the size of the National Assembly, the Supreme Court declined to rule on whether
7592-444: The independence constitution had contemplated. These changes included: changing the structure of the state from a federal, or Majimbo system, to a unitary system; creating a unicameral instead of bicameral legislature; changing from a parliamentary to a presidential system with a powerful presidency; and reducing the protections of the bill of rights. Further amendments to the 1969 constitution were later effected, including, in 1982,
7696-486: The institution of a de jure single party government. The demand for a new constitution to replace the 1969 text with a more democratic system began in the early 1990s, with the end of the Cold War and democratic changes taking place elsewhere in Africa. The single party system was ended in 1991, and the first presidential election took place in 1992. Calls for a comprehensive review of the 1969 Constitution intensified in
7800-529: The intervention of the African Union through a mediation team headed by Kofi Annan , following the outbreak of serious post-election violence in early 2008. The Constitution of Kenya was the final document resulting from the revision of the Harmonized draft constitution of Kenya written by the Committee of Experts initially released to the public on 17 November 2009 so that the public could debate
7904-403: The late 1990s and early 2000s, helped by the victory of the opposition National Rainbow Coalition (NARC) party in the 2002 general elections. Official and civil society consultation processes led to the adoption of what became known as the "Bomas draft" constitution (after the location of the conference that adopted it). However, substantial amendments were nonetheless made to this draft prior to
8008-476: The million signature threshold was cleared. Because the amendments originated with the Presidential Taskforce, and not an initial signature drive or Parliamentary process, the reforms were again deemed unconstitutional. In addition, the Court of Appeal reasoned that President Kenyatta could be targeted by a civil suit for his role in violating the Constitution. The Attorney General again announced in September that
8112-574: The national appeal of Kenyatta and Odinga's new alliance before the 2022 elections. However, despite the failure of their signature reform package, Kenyatta and Odinga's alliance continues. President Kenyatta's refusal to endorse his own sitting Deputy President, William Ruto of the United Democratic Alliance has set up the 2022 Presidential election as a match between Kenyatta and Odinga's new alliance, and Ruto's more youthful constituency. The 2022 elections have been characterized as
8216-634: The national policing structure, as a new governing Inspector General of Police would be head of an expanded National Police Service, replacing the civilian-led National Police Service Commission. The Inspector General of Police would be solely responsible for overseeing promotions and transfers within the National Police Service, while a new deputy Inspector General would oversee the Directorate of Criminal Investigations. While an overwhelming majority of county assemblies voted to advance
8320-430: The nation—improving inclusion and ending Kenya's winner-take-all elections (often followed by deadly violence)—the amendments sought to: Critics alleged the effort was unnecessary, and was a selfish attempt to reward political dynasties, and weaken Deputy President William Ruto (Odinga's rival for the next presidency) — which would produce an over-sized government that debt-laden Kenya could not afford. Kenyatta created
8424-431: The office of president arising under Article 140 of the Constitution. It has appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation. Appeals can only be as a matter of right, where the case involves interpretation or application of the Constitution or a matter certified by the Supreme Court or the Court of Appeal as one that involves
8528-456: The outcome of the election whichever way it goes." Constitution of Kenya The Constitution of Kenya is the supreme law of the Republic of Kenya . There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and
8632-559: The participation of women nominal. The participation of women should be substantive." Similar shortcomings in regards to women's rights and representation were identified by the Sustainable Development Goals Forum Kenya in their November 2020 report on the BBI. Among journalists and academics who lived through the violence following the 2007 Kenyan election, the BBI's solutions for reducing ethnic tension were not convincing. Rasna Warah, an editor for
8736-728: The passage of anti-corruption bills introduced as a part of the BBIs legislative framework. A key piece of the BBI's proposed reforms was the overhaul of Constitutionally-protected women's representation in elected offices. In the chapter on "Representation of the People," new language would require the Kenyan Independent Electoral and Boundaries Commission to enforce a 1-to-2 gender ratio for all parties' candidate lists and would allow Parliament to pass laws penalizing political parties for violations of that ratio. While ideally
8840-476: The position of Chief Justice but may opt to continue serving as a judge of the Supreme Court, even though this may raise the membership of the court above seven. The Supreme Court is properly constituted for purposes of its proceedings with five judges sitting. However, two judges can handle interlocutory applications. The following are the current members of the Supreme Court: The first round of
8944-556: The presidency), and reportedly bribes of up to $ 1,000 (£700) were given to some members of Parliament to secure support for the BBI. The issue dominated Kenyan politics from 2019 to 2021. The BBI was passed by Kenya's National Assembly and Senate, and was awaiting President Kenyatta's approval when it was challenged in the Kenyan High Court. In May, 2021, the Kenyan High Court blocked the BBI plan, declaring it irregular, illegal and unconstitutional. The court ruled that
9048-457: The president had failed to pass the leadership and integrity test—warning that he could be sued, personally, for his actions. The court's ruling established grounds for impeachment of the president—though the parliament, which passed the bill, was reported unlikely to challenge Kenyatta. Generally the whole world praised the approach that the Kenyans took to constitutional reform, seeing it as
9152-509: The presidential election took place on March 4, 2013. Uhuru Kenyatta was declared the president-elect of Kenya by the Independent Electoral and Boundaries Commission (IEBC). Raila Odinga challenged this in the Supreme Court due to several technicalities, including discrepancies in voter numbers as reported by the IEBC, and the failure of biometric voter registration kits; it was ultimately dismissed on March 30, 2013. At
9256-496: The public and private sectors." After the Presidential Taskforce's findings were released to the public, the final draft of the amendment proposals was presented to Parliament on 25 November 2020 as the Constitutional Amendment Bill of 2020. The 2010 Kenyan Constitution contains two provisions for amendment, one by "parliamentary initiative," and one by "popular initiative." To amend the Constitution by parliamentary initiative, an amendment bill must be introduced in either House of
9360-629: The reforms set out in the country's Kenya's 2007–2008 election violence and should reaffirm its complete cooperation and commitment to the ICC.". Researchers at the UK-based Overseas Development Institute have praised the 2010 Constitution as a positive step forwards in terms of securing greater equity for women and children in Kenya, highlighting "A new narrative for social justice " and "Institutional reforms to strengthen accountability ". However, they stress that
9464-463: The requisite 1,000,000 registered voter threshold, as 1.33 million signatures were verified by the IEBC on 22 January 2021. By 23 February 2021, 30 of the 47 county assemblies had approved the BBI referendum, surpassing the minimum threshold of 24 counties to trigger a national referendum. By the time of the High Court ruling on the BBI in May 2021, 42 county assemblies had approved the BBI referendum. The Nandi and Elgeyo Marakwet assemblies voted no, while
9568-432: The results transmission process, and that the said illegalities and irregularities affected the integrity of the election. The Court thus nullified the election and ordered the IEBC to conduct a fresh one within 60 days in accordance with the Constitution, and while observing strict adherence to the law in the new election. Two judges – Justice Prof J. B. Ojwang' and Lady Justice Njoki Ndung'u – dissented. The Court delivered
9672-493: The right to call for and organize popular initiatives which could pass through a majority vote in a referendum, circumventing Parliament. Former Minister of Justice and 2013 presidential candidate Martha Karua created the #LindaKatiba (Protect the Constitution) movement in response to the BBI's perceived end run around the 2010 Constitution, arguing that the BBI represented a return to autocratic rule. She argued that because
9776-413: The ruling be overturned. On 20 August 2021, a seven-judge panel from Kenya's Court of Appeal upheld the High Court's ruling that the BBI process was unconstitutional. In September 2021, Kenya's Attorney General's Office filed a notice of appeal announcing that it will challenge the Court of Appeal's ruling, taking the case to Kenya's Supreme Court . On 31 March 2022, the Supreme Court of Kenya upheld
9880-506: The rulings of the lower courts, ruling that "The Constitution Amendment Bill of 2020 is unconstitutional," because President Kenyatta initiated the amendments through his creation of the Presidential Taskforce on Building Bridges to Unity Advisory, and vocal endorsement of the legislation crafted based on their findings. Since Kenya held its first multi-party elections in 1992 , subsequent elections have all been extremely competitive. Widespread ethnic tension and political violence characterized
9984-509: The same party. In line with President Kenyatta's promise to "revisit" and "fix" the judiciary after the Supreme Court nullified his initial electoral victory in 2017, the BBI makes sweeping changes to both police and judicial institutions. New language establishes minimum qualifications for judges on the Supreme Court (20 years on the bench), the Court of Appeal (15 years), and the High Court (10 years), severely limiting pathways for non-career justices to be confirmed to higher courts. A new office,
10088-477: The superior courts in Kenya, Judges of the Supreme Court - including the Chief Justice - serve until mandatory retirement at 70 years. However, an individual cannot serve as the Chief Justice and President of the Supreme Court for more than 10 years even without reaching the age of 70. In the event that a person serves the mandatory ten years as Chief Justice before turning 70, the individual is to retire from
10192-424: The tally of other elections (the presidential vote tally exceeded the total tally of votes cast for county governors across the country by over half a million), and allegations that the electoral commission's electronic vote transmission system was hacked and a formula introduced which kept Uhuru Kenyatta's vote tally at a consistent 11% ahead of Odinga even as the vote tallies supposedly came in from different parts of
10296-827: The victors controlling the "spoils of power," the Azimio coalition supporting Odinga is filled with political veterans with large ethnic bases of support. Kenyatta's support brings a sizeable constituency of Kikuyu voters, one of Kenya's dominant ethnic groups. The addition of Kalonzo Musyoka 's Wiper Party brings the Kamba group on board. The coalition contains over 20 parties, including the Kenya African National Union , led by Gideon Moi . KANU previously held power in Kenya from 1961 until 2002, first under Uhuru Kenyatta's father, President Jomo Kenyatta , and then under President Daniel arap Moi , father of Gideon. Odinga's challenger, Deputy President William Ruto ,
10400-459: Was re-elected with 98.3% of the popular vote and was sworn in on 28 November 2017. At least 92 civilians died in instances of election-related violence throughout the campaign period. Faced with a continuing political crisis in the wake of the 2017 election, negotiations began between President Kenyatta and former Prime Minister Odinga to end their longstanding rivalry. On 9 March 2018, the two men were photographed symbolically shaking hands. During
10504-419: Was halted on 13 May 2021, by a five-judge panel of the High Court of Kenya. In its decision , the court stated that the process by which the referendum was formed was unconstitutional and barred the Independent Electoral and Boundaries Commission from proceeding with the referendum. In response to this, the Attorney General of Kenya and the Kenyan government filed an appeal of the court's decision, asking that
10608-460: Was less overall political violence through the course of the 2017 general election campaign, an attack on the home of William Ruto , and the murder of Christopher Msando of the Independent Electoral and Boundaries Commission (who had helped design a new voting system for the election), garnered international attention. Though international missions from the African Union , Carter Center , East African Community , and European Union all praised
10712-415: Was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010. Constitutional reforms involving wholly new texts since gaining independence: in 1969 and in 2010. In 1969, the 1963 independence constitution was replaced with a new text that entrenched amendments already made to the system of government that
10816-475: Was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The key changes proposed by the new constitution released are in the following areas: Gains achieved The executive at the top most levels will be constituted of a president , deputy president and the Cabinet . The key functions of the President of Kenya are as follows: The Legislative branch
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