The constitution establishes basic principles that set the foundation of the employeremployee relationship. Affirmative action is one of the strategies used in kenya. It is thus opportune to take stock, not only of the. Sep 10, 2017 it now gives me great joy in delivering the 2017 lameck goma lecture whose title is developing progressive african jurisprudencereflections from kenyas 2010 transformative constitution. It establishes the structure of the kenyan government, and also defines the relationship between the government and the. Respective functions and powers of national and county governments. Broadly stated, the objective of the project was both historical and. In a historic constitutional referendum on 4th august, 2010, sixtyeight percent of kenyans who. Impact of affirmative action on quality of service. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. Must fulfill the requirements of chapter six 6 of the constitution of kenya, 2010.
Honouring those who heroically struggled to bring freedom and justice to our land. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. Introduction the constitution of kenya, 2010, article 27 8 provides for affirmative action where the state is required to take legislative and other measures to ensure that not more than twothirds of the members of elective or appointive. Proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation. Kenya national safety net program for results project.
The problem, i posit, with the type of affirmative action in article 81 b is that it goes into the political thicket. The theme of this lecture is drawn from three published articles that i give their citations in footnote one of this lecture. Minorities and marginalised groups kenya law reform. The principles that were put in to draft the constitution were made by south african constitutional scholar karl e klare in his article legal culture and transformative constitutionalism. 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 the document and then parliament could decide whether to subject it to a referendum in june 2010. The right to equality in kenyas new constitution equal rights trust. The nerve centre is a devolved system of government, comprising one national government and 47 county governments. In light of the history of systematic discrimination, the importance. The implementation of the devolved system of governance commenced in march 20 following the general elections held that year. Kenya to evaluate the impact of affirmative action policies and plans on service delivery in the development. Gender equality in the new constitutional dispensation of. This essay was about the transformative nature of the 2010 constitution of kenya and how it has encompassed gender equality.
Affirmative action international journal of business, humanities. Laws of kenyathe constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. Kenya employment law is kenya s first and only blog that is dedicated to answering your employment law questions so that you can thrive in employment and beyond. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. 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. It attempts to examine the nature of probabilistic moral dilemma and the inherent problems of gender based affirmative action policy that it occasions in the quest for justice. By elina omwoha the constitution of kenya, 2010, seeks to repudiate the historical exclusion of women from the mainstream society, thus, creating a freedom for women to maneuver their way both in the private and public globe on an equal footing with men. Equality and freedom from discrimination kenya law reform.
Consistent with the constitution of kenya 2010, the word government refers to the two levels of government. Kenya womens journey in their quest for affirmative action. At aak, we believe in strengthening women leadership through enhanced political representation. Kenyas new constitution benefits indigenous peoples. The campaign aims to collect 1 million signatures to introduce a formula through an amendment of the constitution of kenya 2010 that will ensure that at least one third of members of the senate, national and county assemblies are women. On 27th august 2010, kenya promulgated a new constitutional. Dec 18, 2010 such measures include affirmative action. We, the people of kenya acknowledging the supremacy of the almighty god of all creation. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. Published by the national council for law reporting with the authority of the attorney general. Through affirmative action, the new constitution seeks to elevate women to a pedestal that has hitherto been the preserve of men.
Article 27 8 ensures affirmative action for elective and appointive bodies so that no more than twothirds. The 2010 kenya constitution guarantees the right to equality and freedom. The constitution of kenya amendment bill, 2017 a bill for. Affirmative action, which incorporates some features from the two distinct british concepts of positive discrimination and positive action, is a set of policies that support members of disadvantaged groups that have previously suffered discrimination and may continue to in such areas as education, employment, or housing. Youth and womens consultations on political participation. Revised harmonised draft constitution of kenya 2010. Conclusion and recommendations 141 6 political parties 143 a.
Over 10,000 students have benefitted from the programme since its inception. Kenya constitution bill of rights is an integral part of kenyas democratic state and is the framework for social, economic and cultural policies. The kenya government plans to establish a national safety net program nsnp to increase the efficiency and effectiveness of safety net support to poor and vulnerable populations in kenya. Nov 12, 2017 the constitution of kenya 2010 opened wide vistas for the women of kenya to fully participate in the governance and management of state affairs of this country as had never before been contemplated as being possible at this historical juncture. It begins with an examination of the basis and meaning of the concept, and how it is used in the current constitution. The electoral system under the constitution of kenya 2010 140 m. Introduction the year 2009 marked 10 years since south africas affirmative action aa legislation of 1998 took effect.
The aim of this brief is to respond to common questions being raised about land in the proposed constitution in as simple manner as possible and from the perspective of an. Parliament ordered to enact legislation related to. The equalization fund is an affirmative action legal instrument in line with article 276 of the constitution of kenya that seeks to address the provision of these. The constitution of kenya, in article 53 1 b state that every child has a right to free and compulsory basic education and article 55 a the state shall take measures, including affirmative action programmes, to ensure that the youth access relevant education. A declaration of a state of emergency, or legislation enacted or other action taken in consequence of any declaration, may not permit or authorise the indemnification of the state, or of any person, in respect of any unlawful act or omission. Gender equality under the 2010 constitution essay sample. Presented a paper titled equality, non discrimination and affirmative action, at a consultative meeting on the implementation of affirmative action in the constitution of kenya, 2010 organized by the federation of women lawyers fida kenya. The constitution of kenya, adopted and enacted in 2010. The constitution of the republic of kenya 2010 contents. In the united states, affirmative action is defined as a system. The constitution of kenya is the supreme law of kenya. Gender equality in kenya post 2010 constitution national gender. Various provisions highlights how the issues of affirmative action have been acknowledged.
In 2010, kenya adopted a new constitution that shifted the locus of political authority towards devolved governments, established a range of social and. The constitution provides for a devolved system of governance that aims to take public. The two thirds gender quota envisioned by the constitution of kenya is supposed to apply for both elected and appointed bodies. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution.
Womens experiences as sources of public and legitimate knowledge. It establishes the structure of the kenyan government, and also defines the relationship between the government and the citizens of kenya. The degree of attention given to women leadership in education in kenya has increased considerably in the recent years especially after the government introduced the affirmative action for both girls and women in education and employment in support of millennium development goals, world conventions, the kenya vision 2030 blue print for economic development and the constitution of kenya, 2010. Kenya national human rights and equality commission 59. The access to government procurement opportunities agpo program is founded on the presidential directive, the preference and reservations regulations 2011, the public procurement and disposal preference and reservations amendment regulations, 20, the constitution of kenya 2010 article 227 on the fair equitable, transparent and cost. The state shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups. The republic of kenya shall be a multiparty democratic state. The state shall put in place affirmative action programmes designed to ensure that. Gender equality under the 2010 constitution 275 words. Policy brief berkley center for religion, peace, and. Status of equality and inclusion in kenya national gender and.
The constitutional affirmative action quota provides that not more than two. The objective of the fund is to empower the affirmative action groups. Equality and freedom from discrimination kenya law. Constitution affirmative actions are only theoretical and where they are implemented, the implementation. In this paper, we trace the legal position of women throughout kenya s history. Introduction to alleviate discriminatory practices against certain historically oppressed groups, a small number of countries have adopted affirmative action.
All are encouraged by the policy to take affirmative action for the youth as a strategy of participation and empowerment while harnessing their potential. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation. Should an absolute majority approve the draft, it will become the new constitution of kenya within 14 days. Kenyas 2010 constitution introduced provisions to its constitutional and legal framework to support the increased participation of youth and women. We pride ourselves on being the only public institution in kenya that ploughs its profits towards this noble cause. Kenyas constitution in a global context international. Womens experiences as sources of public and legitimate. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
In full recognition of the kenya constitution, 2010, affirmative action is accorded priority during selection. Pdf kenya womens journey in their quest for affirmative action. The constitution seeks to ensure the implementation of this right by requiring the government to take a number of actions, including ensuring the adequate representation of women in elected andor appointed offices. What is the most responsible way to enact affirmative action. Gender equality in the new constitutional dispensation of kenya.
Affirmative action, women, gender, leadership, equity, national assembly, politics 1. There are two kinds of affirmative action, weak and strong. It takes a comparative look at affirmative action in general. May 11, 2012 the constitution of kenya is the supreme law of kenya. The system will create what we may want to call the. Affirmative action under the 2010 constitution of kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general. Constitution of kenya 2010 wikisource, the free online. Access to government procurement opportunities agpo.
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