THE CONSTITUTION OF KENYA, 2010
The Process and Timing of Presidential Elections According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTElection of the President. 136.
Explained;According to the Kenya Constitution, 2010, the process of electing the President is conducted through national elections, ensuring the participation of registered voters in an inclusive and democratic manner. The constitution also specifies the timing of these elections, providing clarity on when the nation will choose its leader.
In accordance with the constitution, the President is elected by registered voters in a national election. This means that the citizens who have fulfilled the requirements to be registered voters have the opportunity to exercise their democratic right and cast their votes to elect the President. These elections are conducted in accordance with the provisions of the Kenya Constitution, 2010, and any Act of Parliament that regulates presidential elections. The timing of the presidential elections is also addressed in the constitution. There are two scenarios in which the election of the President takes place. Firstly, the election may be held on the same day as a general election of Members of Parliament, specifically on the second Tuesday in August, every fifth year. This synchronizes the election of the President with the election of Members of Parliament, allowing for a cohesive electoral process. Secondly, in certain circumstances contemplated in Article 146 of the constitution, separate presidential elections may be conducted. These circumstances may arise when there is a vacancy in the office of the President, and the constitution provides guidance on how to proceed with a separate election to fill that vacancy. By establishing clear guidelines on the process and timing of presidential elections, the Kenya Constitution, 2010, ensures that the electoral process is transparent, fair, and democratic. It allows registered voters to have a direct say in choosing the country's leader and promotes regular, predictable elections that contribute to the stability and continuity of governance in Kenya. In conclusion, the Kenya Constitution, 2010, outlines the process and timing of presidential elections in the country. Through national elections conducted in adherence to the constitution and relevant legislation, registered voters have the opportunity to elect their President. Whether held simultaneously with general elections or in specific circumstances, these elections embody the principles of democracy and provide a platform for citizens to shape the future of Kenya through their votes. Citation: The Kenya constitution, 2010
0 Comments
Ensuring Accountability: Requirements for Presidential Decisions in the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTDecisions of the President.
Explained;According to Article 135 of the Kenya Constitution, 2010, any decision made by the President in the performance of their functions must meet certain requirements.
Firstly, the decision must be in writing, meaning it must be documented in a written form. Additionally, the decision must bear the seal and signature of the President, indicating their official endorsement and approval. These requirements ensure that decisions made by the President are formalized and can be easily recognized as legitimate actions taken in accordance with the Constitution. The written form of the decision allows for clarity and transparency, as it can be referred to and scrutinized if necessary. The seal and signature of the President serve as a symbol of their authority and validate the decision as an official act of the President. By adhering to these requirements, the President demonstrates accountability and ensures that their decisions are properly documented and recognized. This promotes transparency in governance and helps to maintain the integrity of the decision-making process. Citation: The Kenya constitution, 2010 The Power of Mercy and its Exercise by the President in KenyaPART 2—THE PRESIDENT AND DEPUTY PRESIDENTPower of mercy. 133.
Explained;In the Kenya Constitution, 2010, the power of mercy is granted to the President, allowing them to exercise discretion in certain cases. According to Article 133(1), upon the petition of any person, the President may exercise the power of mercy with the advice of the Advisory Committee established under clause (2).
The power of mercy can be exercised in several ways. First, the President has the authority to grant a free or conditional pardon to a person convicted of an offence. This means that the President can forgive the individual and remove any legal consequences associated with the conviction. Additionally, the President can postpone the carrying out of a punishment for a specified or indefinite period. This provides the President with the ability to delay the execution of a punishment, giving the individual more time to prepare or potentially seek other avenues for justice. Furthermore, the President can substitute a less severe form of punishment. This allows the President to modify the punishment assigned to an individual, ensuring that it aligns with the circumstances of the case and the principles of fairness and justice. Lastly, the President can remit all or part of a punishment. This means that the President has the authority to reduce or eliminate the punishment imposed on an individual, taking into account various factors such as rehabilitation, remorse, and the best interests of society. To exercise the power of mercy, the President is guided by the Advisory Committee on the Power of Mercy, as stated in Article 133(2). This committee consists of the Attorney-General, the Cabinet Secretary responsible for correctional services, and at least five other members as prescribed by an Act of Parliament. The committee's role is to provide advice to the President regarding the exercise of the power of mercy. It is important to note that the Advisory Committee may consider the views of the victims of the offence when formulating their recommendations to the President, as mentioned in Article 133(4). This ensures that the perspectives of those affected by the crime are taken into account during the decision-making process. In conclusion, the power of mercy granted to the President in the Kenya Constitution, 2010 allows them to exercise discretion in matters of criminal justice. Through the Advisory Committee, the President can grant pardons, postpone punishments, substitute less severe forms of punishment, or remit all or part of a punishment. This power is exercised with careful consideration of various factors and aims to promote fairness, justice, and the best interests of society. Citation: The Kenya constitution, 2010 The Functions of the President According to the Kenya Constitution, 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTFunctions of the President. 132.
Explained;According to the Kenya Constitution, 2010, the President has several important functions and responsibilities. Let's delve into these functions to gain a deeper understanding of the President's role in the country.
Firstly, the President is responsible for addressing the opening of each newly elected Parliament. Additionally, the President is required to address a special sitting of Parliament at least once every year and may also address Parliament at any other time. This ensures that the President is able to communicate directly with the legislative body and keep them informed about the state of the nation. Furthermore, the President is required to report on the measures taken and the progress achieved in the realization of the national values, as outlined in Article 10 of the Constitution. This report is delivered in an address to the nation once every year. The President is also required to publish the details of these measures and progress in the Gazette and submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic. Another crucial function of the President is the power to nominate and, with the approval of the National Assembly, appoint or dismiss various individuals. This includes Cabinet Secretaries, the Attorney-General, the Secretary to the Cabinet, Principal Secretaries, high commissioners, ambassadors, and diplomatic and consular representatives. The President is also empowered to appoint or dismiss any other State or public officer as required or empowered by the Constitution. The President plays a vital role in chairing Cabinet meetings and directing and coordinating the functions of ministries and government departments. This ensures effective governance and coordination of policies and initiatives across various sectors. Additionally, the President has the authority to assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, as long as it is not inconsistent with any Act of Parliament. Furthermore, the President has the power to perform any other executive function provided for in the Constitution or in national legislation. They may also establish an office in the public service with the recommendation of the Public Service Commission. The President has the privilege of receiving foreign diplomatic and consular representatives and conferring honors in the name of the people and the Republic. Additionally, subject to Article 58, the President can declare a state of emergency and, with the approval of Parliament, declare war. Lastly, the President is entrusted with ensuring that the international obligations of the Republic are fulfilled through the actions of the relevant authorities. This highlights the President's role in upholding international relations and commitments. In conclusion, the functions of the President, as outlined in the Kenya Constitution, 2010, are diverse and significant. From addressing Parliament to appointing officials, coordinating ministries, and fulfilling international obligations, the President plays a crucial role in the governance and well-being of the nation. Citation: The Kenya constitution, 2010 The Authorities and Responsibilities of the President According to the Kenya Constitution 2010PART 2—THE PRESIDENT AND DEPUTY PRESIDENTAuthority of the President. 131.
Explained;According to the Kenya Constitution 2010, the President of Kenya holds several authorities and responsibilities. Firstly, the President is both the Head of State and the Head of Government, which means they have the highest position in the country's political system. The President exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries.
Additionally, the President serves as the Commander-in-Chief of the Kenya Defence Forces, overseeing the country's military operations and ensuring national security. As the chairperson of the National Security Council, the President plays a crucial role in formulating and implementing national security policies. One of the key responsibilities of the President is to act as a symbol of national unity. This means that the President is expected to represent and embody the collective identity and aspirations of the Kenyan people, fostering a sense of togetherness and cohesion among different communities. Furthermore, the President has certain obligations outlined in the Constitution. The President is required to respect, uphold, and safeguard the Constitution itself, which serves as the supreme law of the land. They must also safeguard the sovereignty of the Republic, promoting and enhancing the unity of the nation. This includes promoting respect for the diversity of the people and communities of Kenya, acknowledging and valuing the various ethnic, cultural, and religious backgrounds within the country. Another important responsibility of the President is to ensure the protection of human rights and fundamental freedoms, as well as upholding the rule of law. This includes safeguarding the rights and liberties of all citizens and ensuring that the principles of justice and fairness are upheld. It is worth noting that the President is not allowed to hold any other State or public office. This provision ensures that the President's attention and focus remain solely on their duties and responsibilities as the leader of the nation. In conclusion, the authorities and responsibilities of the President according to the Kenya Constitution 2010 are diverse and significant. The President holds executive authority, acts as a symbol of national unity, and has responsibilities related to safeguarding the Constitution, promoting unity, respecting diversity, protecting human rights, and upholding the rule of law. Citation: The Kenya Constitution, 2010 Principles of Executive Authority in the Kenya Constitution 2010PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE Principles of executive authority. 129.
Explained;In accordance with the Kenya Constitution 2010, the principles of executive authority are outlined in Section 129. These principles highlight the source of authority, the manner of exercise, and the focus on serving the well-being of the people of Kenya.
The first principle states that executive authority derives from the people of Kenya. This means that the power and legitimacy of the executive branch come directly from the citizens of Kenya. The Constitution recognizes that the ultimate authority to govern lies with the people, and the executive branch exercises this authority on their behalf. The second principle emphasizes that executive authority should be exercised in a manner compatible with the principle of service to the people of Kenya. This highlights the importance of serving the interests and well-being of the people. The executive branch is entrusted with the responsibility of making decisions and taking actions that benefit the citizens of Kenya. This principle reflects the democratic values of accountability and responsiveness to the needs and aspirations of the people. Furthermore, the second principle underscores the need to exercise executive authority for the well-being and benefit of the people. This places a strong emphasis on promoting the welfare and interests of the citizens. It implies that the actions and policies of the executive should be aimed at improving the quality of life, ensuring social justice, and advancing the common good. By incorporating these principles, the Kenya Constitution 2010 ensures that the executive branch operates in a manner that is rooted in the sovereignty of the people and serves their best interests. It establishes a framework where executive authority is exercised responsibly, transparently, and with a focus on the well-being of the citizens. In conclusion, the principles of executive authority in the Kenya Constitution 2010 recognize that the source of authority lies with the people of Kenya. The exercise of this authority should be in line with the principle of service to the people and for their well-being and benefit. By adhering to these principles, the executive branch can effectively fulfill its role in governing the nation and promoting the welfare of its citizens.
The Composition of the National Executive in the Kenya Constitution 2010: Reflecting Regional and Ethnic DiversityPART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE The National Executive. 130.
Explained;The Kenya Constitution 2010 establishes the structure and composition of the national executive in Section 130. According to this provision, the national executive of the Republic comprises the President, the Deputy President, and the rest of the Cabinet.
One significant aspect highlighted in the Kenya Constitution is the principle of reflecting the regional and ethnic diversity of the people of Kenya in the composition of the national executive. This principle recognizes the importance of inclusivity and representation in the highest levels of governance. By ensuring that the national executive reflects regional diversity, the Constitution acknowledges the different geographical regions within Kenya. This ensures that the interests and perspectives of various regions are taken into account in decision-making processes. It also promotes a sense of unity and shared responsibility for the development and progress of the entire nation. Additionally, the Constitution emphasizes the importance of ethnic diversity in the composition of the national executive. Kenya is a country with a rich tapestry of ethnic groups, each with its own unique culture, language, and traditions. By reflecting this diversity in the national executive, the Constitution ensures that the voices and concerns of different ethnic communities are heard and represented in the highest levels of governance. The inclusion of regional and ethnic diversity in the composition of the national executive helps to foster a sense of national unity and cohesion. It recognizes that Kenya is a country with a diverse population, and that the strength of the nation lies in embracing and respecting this diversity. In conclusion, the Kenya Constitution 2010 establishes the national executive as comprising the President, the Deputy President, and the rest of the Cabinet. It also emphasizes the importance of reflecting the regional and ethnic diversity of the people of Kenya in the composition of the national executive. This ensures inclusivity, representation, and a shared responsibility for the well-being and development of the nation. Citation:
|
We Would Love to Have You Visit Soon! |
Hours24 HR Service
|
Telephone0728 450425
|
|
8-4-4 materialsLevels
Subjects
|
cbc materialsE.C.D.E
Lower Primary
Upper Primary
Lower Secondary
Upper Secondary
|
teacher support
Other Blogs
|