The Promulgation Statement
on the New Constitution of Kenya
Whereas the people of Kenya, in exercise of their sovereign
right to replace the Constitution, ratified the proposed New Constitution of
Kenya through a referendum held on August 4, 2010 in accordance with the
provisions of Section 47A of the Constitution of Kenya and Part 5 of the Constitution
of Kenya Review Act, 2008;
And whereas the Constitution of Kenya (Amendment) Act,2008
and the Constitution of Kenya Review Acts of 1997 and 2008, as variously amended,
provided a legal framework for the comprehensive review and replacement of the
current Constitution, by the people of
Kenya, which ensured that the review process-
1. Accommodated
the diversity of the Kenyan people, including socio- economic status ,race,
ethnic, gender, religious faith, age, occupation, learning, persons with
disabilities and the disadvantaged, and was guided by respect for the universal
principles of human rights, gender equity and democracy;
2. Provided
the people of Kenya an opportunity to actively, rely and meaningfully
participate in generating and debating proposals to alter the Constitution;
3. Resulted
in a new constitution which faithfully
reflected the wishes of the People of
Kenya;
And whereas for the last two decades, the
people of Kenya have yearned for a new Constitution which,
1. Guarantees
peace, national unity and integrity of the Republic of Kenya in order to
safeguard the well -being of the people of Kenya;
2. Establishes
a free and democratic system of Government
of Government that ensures good
governance ,constitutional order, the rule of law ,human rights and gender
equity;
3. Recognizes
and demarcates divisions of
responsibility among the various state
organs ,including the executive , the legislature and the judiciary, so
as to create checks and balances between
them and to ensure accountability of
the Government and its officers to
the people of Kenya;
4. Promotes
the peoples’ participation in the governance
of the country through democratic,
free and fair elections and the devolution and the exercise of power and
further ensures the full the participation of people in management of
public affairs;
5. Respects the pride of the people
of Kenya in their determination
to live in peace and unity as one indivisible sovereign nation;
6. Ensures the provision of basic needs of all Kenyans
through the establishment of an equitable frame-work for economic growth and
equitable access to national resources;
7. Strengthens
national integration and unity and commits Kenyans to peaceful resolution of national issues
through dialogue and consensus;
Now therefore, in exercise of the powers conferred on me by section 47A
(6) of the constitution of Kenya and section 43A of Constitution of Kenya
Review Act, 2008,
I,
Mwai Kibaki, President and Commander- in - Chief of the Armed Forces of the Republic
of Kenya, declare that the Constitution set out in the schedule shall be the
new Constitution of Kenya with effect from the 27th August, 2010.
Comments:
In chapter Eighteen of the New Constitution of Kenya,
respecting transitional and Consequential Provisions, under Article 263,
respecting the effective date of reception states that:-
This Constitution shall come into force on its promulgation
by the President or on the expiry of a period of fourteen days from the date of
the publication in the Gazette of the final result of the referendum ratifying
this constitution, whichever is the earlier.
Under Article 264, respecting the Repeal of previous constitution,
states that: subject to the Sixth schedule, for the avoidance of doubt, the
Constitution in force immediately before the effective date shall stand
repealed on the effective date.--Mfalme
Davis
