THE CONSTITUTION OF KENYA, 2010
PART 2—SUPERIOR COURTSThe Composition, Jurisdiction, and Role of the High Court According to the Kenya Constitution, 2010HIGH COURT.
Explained;According to the Kenya Constitution, 2010, the High Court is an essential part of the judicial system in Kenya. It is established as a court of unlimited original jurisdiction in both criminal and civil matters. Let's delve into the composition, jurisdiction, and role of the High Court as outlined in the document.
Composition: The High Court is composed of judges, the number of which is determined by an Act of Parliament. It is organized and administered according to the provisions set out in the same Act. Additionally, there is a Principal Judge of the High Court who is elected by the judges of the High Court from among themselves. Jurisdiction: The High Court has an extensive jurisdiction covering various aspects. Firstly, it has unlimited original jurisdiction in criminal and civil matters. This means that the High Court can hear and determine cases that involve serious offenses and complex civil disputes. Furthermore, the High Court has the jurisdiction to determine whether any right or fundamental freedom guaranteed in the Bill of Rights has been denied, violated, infringed, or threatened. This empowers the High Court to safeguard and protect the constitutional rights of individuals. The High Court also has the jurisdiction to hear appeals from decisions made by tribunals appointed under the Constitution to consider the removal of a person from office, except for tribunals appointed under Article 144. This ensures the fair and transparent process of removing individuals from public office. Moreover, the High Court has the authority to interpret the Constitution. It can hear and determine questions related to the interpretation of the Constitution, including the compatibility of laws with the Constitution, the actions taken under the authority of the Constitution or any law, matters concerning the powers of state organs in relation to county governments, and conflicts of laws. Role: The High Court plays a crucial role in the Kenyan judicial system. It acts as a guardian of the Constitution and ensures that the principles and values enshrined in the Constitution are upheld. The High Court safeguards the rights and freedoms of individuals, resolves disputes, and provides justice to all citizens. Additionally, the High Court exercises supervisory jurisdiction over subordinate courts and any person, body, or authority exercising judicial or quasi-judicial functions. This supervisory role allows the High Court to review the decisions and actions of lower courts and ensure the fair administration of justice. In conclusion, the High Court, as established by the Constitution of Kenya, 2010, is a vital institution within the judicial system. With its composition of judges, extensive jurisdiction, and important role, the High Court plays a significant part in upholding the rule of law, protecting constitutional rights, and ensuring justice for all citizens. Citation: The Kenya constitution, 2010
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PART 2—SUPERIOR COURTSThe Composition and Jurisdiction of the Court of Appeal According to the Kenya Constitution, 2010COURT OF APPEAL.
Explained;According to the Kenya Constitution, 2010, the Court of Appeal is a significant judicial body established to hear appeals from the High Court and other courts or tribunals as prescribed by an Act of Parliament. Let's delve into the composition and jurisdiction of the Court of Appeal as outlined in the constitution.
Composition: The Court of Appeal is composed of a number of judges, which must not be fewer than twelve, as specified by an Act of Parliament. This ensures a diverse and experienced panel to handle appeals. Additionally, the Court of Appeal is organized and administered according to the provisions laid out in the Act of Parliament. President of the Court of Appeal: The Court of Appeal also has a president who is elected by the judges of the Court of Appeal from among themselves. This ensures effective leadership and coordination within the court. The president's role is crucial in maintaining the integrity and efficiency of the Court of Appeal. Jurisdiction: The Court of Appeal has jurisdiction to hear appeals from the High Court and any other court or tribunal as prescribed by an Act of Parliament. This reflects the court's role as an appellate body, reviewing decisions made by lower courts. By hearing appeals, the Court of Appeal ensures that justice is served and that legal errors or inconsistencies are rectified. In summary, the Court of Appeal, as established by the Kenya Constitution, 2010, plays a vital role in the judicial system. Its composition, with a minimum of twelve judges, ensures a diverse and experienced panel. The president of the Court of Appeal provides leadership and coordination. Furthermore, the Court of Appeal's jurisdiction allows it to hear appeals from the High Court and other courts or tribunals, ensuring the proper administration of justice in Kenya. Citation: The Kenya Constitution, 2010 PART 2—SUPERIOR COURTSThe Composition, Jurisdiction, and Role of the Supreme Court According to the Kenya Constitution, 2010SUPREME COURT.
Explained;The Supreme Court, as established by the Kenya Constitution, 2010, is composed of the Chief Justice, who serves as the President of the court, the Deputy Chief Justice, who acts as the Vice-President of the court and deputizes for the Chief Justice, and five other judges. For the court proceedings to be valid, it must be properly constituted with at least five judges present.
The Supreme Court has exclusive original jurisdiction to hear and determine disputes related to the elections for the office of the President as outlined in Article 140. Additionally, it has appellate jurisdiction to hear and decide appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation, subject to certain conditions. Appeals from the Court of Appeal to the Supreme Court are permissible in two scenarios. Firstly, appeals can be made as of right in cases involving the interpretation or application of the Constitution. Secondly, appeals can be made if the Supreme Court or the Court of Appeal certifies that a matter of general public importance is involved, with the exception of cases specified in clause (5). The Supreme Court has the authority to review certifications made by the Court of Appeal under clause (4)(b), and it can affirm, vary, or overturn them as deemed necessary. Furthermore, the Supreme Court has the power to provide advisory opinions upon request from the national government, State organs, or county governments concerning matters related to county government. It is important to note that all courts, excluding the Supreme Court, are bound by the decisions made by the Supreme Court. This highlights the significance of the Supreme Court's rulings in establishing legal precedents. The Supreme Court is responsible for making rules that govern the exercise of its jurisdiction. Additionally, an Act of Parliament may provide further provisions for the operation of the Supreme Court. In conclusion, the Supreme Court plays a vital role in the judicial system of Kenya. It is composed of the Chief Justice, the Deputy Chief Justice, and five other judges. With its exclusive original and appellate jurisdiction, it resolves disputes related to presidential elections and hears appeals from the Court of Appeal and other specified courts. The Supreme Court's decisions are binding on all other courts, and it can also provide advisory opinions. Its role in interpreting and applying the Constitution contributes to the development of the legal framework in Kenya. Citation: The Kenya Constitution, 2010 PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEMStructure and Jurisdiction of Courts in the Kenya Constitution 2010SYSTEM OF COURTS.
Explained;The Kenya Constitution 2010 establishes a well-defined system of courts to ensure the fair and efficient administration of justice in the country. The structure of the courts includes superior courts and courts established specifically to handle certain types of disputes.
The superior courts, as defined in the Constitution, consist of the following:
In addition to the superior courts, the Constitution allows for the establishment of specific courts to handle certain types of disputes. Parliament has the authority to establish courts with the status of the High Court to hear and determine disputes relating to employment and labour relations, as well as disputes concerning the environment, the use and occupation of land, and title to land. Parliament is also responsible for determining the jurisdiction and functions of these specialized courts and ensuring that they operate effectively within their designated areas of expertise. Furthermore, the Constitution recognizes subordinate courts, which are the courts established under Article 169 or by Parliament in accordance with that Article. These courts form the lower tier of the judicial system and handle less complex cases compared to the superior courts. In conclusion, the Kenya Constitution 2010 establishes a structured system of courts to ensure the fair and efficient administration of justice. The hierarchy includes the Supreme Court, the Court of Appeal, and the High Court as the superior courts, with specific courts established to handle employment and labour relations, as well as disputes related to the environment and land. The jurisdiction and functions of these courts are determined by Parliament, while subordinate courts handle less complex cases. This system ensures a comprehensive approach to resolving disputes and upholding the rule of law in Kenya. Citation: The Kenya Constitution, 2010 PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEMStructure and Roles of Judicial Offices and Officers in the Kenya Constitution 2010JUDICIAL OFFICES AND OFFICERS.
Explained;The Kenya Constitution 2010 establishes various judicial offices and officers to ensure the effective functioning of the judiciary. These roles and responsibilities are crucial for upholding the rule of law and ensuring justice in the country.
The judiciary consists of judges of the superior courts, magistrates, other judicial officers, and staff. This diverse group of individuals plays essential roles in the administration of justice. The Constitution establishes three key judicial offices:
Additionally, the Judicial Service Commission, established by the Constitution, has the authority to establish other offices of registrar as necessary. These additional offices may be created to fulfill specific administrative or support roles within the judiciary. The roles and responsibilities of these judicial offices are crucial in maintaining the integrity and effectiveness of the judicial system. The Chief Justice provides leadership and guidance, ensuring the proper administration of justice. The Deputy Chief Justice supports the Chief Justice in their duties, ensuring the smooth functioning of the judiciary. The Chief Registrar of the Judiciary oversees the administrative functions of the judiciary, ensuring efficient management and coordination. Furthermore, judges of the superior courts, magistrates, other judicial officers, and staff play vital roles in the adjudication of cases, interpretation of the law, and the overall administration of justice. Their responsibilities include hearing and deciding cases, ensuring fairness, impartiality, and upholding the principles of justice. In conclusion, the Kenya Constitution 2010 establishes various judicial offices and officers to ensure the proper functioning of the judiciary. The Chief Justice, Deputy Chief Justice, and Chief Registrar of the Judiciary hold key leadership and administrative roles, while judges, magistrates, and other judicial officers contribute to the adjudication and administration of justice. Together, these offices and officers work towards upholding the rule of law and ensuring justice for all. Citation: The Kenya Constitution, 2010 PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEMSafeguarding the Independence of the Judiciary in the Kenya Constitution 2010INDEPENDENCE OF THE JUDICIARY.
Explained;The Kenya Constitution 2010 upholds the importance of an independent judiciary and provides provisions to safeguard its autonomy. These provisions are crucial for ensuring the proper functioning of the judicial system and protecting the rights and protections of judges.
Firstly, Article 160 of the Constitution establishes that the Judiciary, as constituted by Article 161, shall be subject only to the Constitution and the law. This means that the Judiciary is not subject to the control or direction of any person or authority, ensuring its independence in the exercise of judicial authority. Furthermore, the Constitution guarantees the security of tenure for judges of superior courts. According to Article 162(2), the office of a judge of a superior court cannot be abolished while there is a substantive holder of the office. This provision protects judges from arbitrary removal or abolition of their positions, thereby safeguarding their independence. The Constitution also ensures the financial autonomy of the judiciary. Article 160(3) establishes that the remuneration and benefits payable to or in respect of judges shall be a charge on the Consolidated Fund. This provision guarantees that judges' salaries and benefits are secure and cannot be easily manipulated or influenced to compromise their independence. In addition, Article 160(4) states that the remuneration and benefits payable to judges shall not be varied to their disadvantage, and the retirement benefits of retired judges shall not be varied to their disadvantage during their lifetime. This provision protects judges from arbitrary changes to their remuneration and benefits, ensuring their financial security and independence. Lastly, Article 160(5) provides immunity to members of the Judiciary. A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. This immunity protects judges from legal action for acts performed in their official capacity, allowing them to exercise their duties without fear of personal consequences. In conclusion, the Kenya Constitution 2010 contains robust provisions to safeguard the independence of the judiciary and protect the rights and protections of judges. These provisions ensure that the judiciary remains free from external control or interference, guarantee the security of judges' tenure, protect their financial autonomy, and provide immunity for their judicial actions. These safeguards are essential for upholding the rule of law, ensuring impartiality, and maintaining public trust in the judicial system. Citation: The Kenya Constitution, 2010 PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEMPrinciples Guiding Judicial Authority in the Kenya Constitution 2010JUDICIAL AUTHORITY.
Explained;According to the Kenya Constitution 2010, judicial authority is derived from the people and is vested in the courts and tribunals established by or under this Constitution. In exercising this authority, the courts and tribunals are guided by several principles.
Firstly, justice shall be done to all, irrespective of their status. This principle ensures that every individual, regardless of their position in society, is entitled to fair and equal treatment before the law. Secondly, justice shall not be delayed. This principle emphasizes the importance of timely resolution of legal matters, ensuring that justice is not unduly prolonged or denied. Furthermore, the Kenya Constitution promotes the use of alternative forms of dispute resolution, such as reconciliation, mediation, arbitration, and traditional dispute resolution mechanisms. However, it is important to note that these mechanisms should be subject to certain limitations. Traditional dispute resolution mechanisms should not contravene the Bill of Rights, be repugnant to justice and morality, or result in outcomes that are inconsistent with justice and morality. The principle of administering justice without undue regard to procedural technicalities is also highlighted. This ensures that the focus remains on the substance of the case rather than being hindered by unnecessary procedural complexities. Lastly, the courts and tribunals are required to protect and promote the purpose and principles of the Constitution. This ensures that the fundamental values and principles enshrined in the Constitution are upheld and advanced in the administration of justice. It is important to note that these principles are intended to guide the courts and tribunals in their exercise of judicial authority. They serve as a framework for ensuring fairness, efficiency, and adherence to the rule of law in the legal system of Kenya. In conclusion, the principles guiding judicial authority in the Kenya Constitution 2010 are aimed at promoting justice, timeliness, alternative dispute resolution, fairness, and the protection of constitutional values. These principles play a crucial role in upholding the rule of law and ensuring equal access to justice for all Kenyan citizens. Citation: The Kenya Constitution, 2010 PART 4—OTHER OFFICESThe Grounds for Removal and Resignation of the Director of Public Prosecutions in KenyaREMOVAL AND RESIGNATION OF DIRECTOR OF PUBLIC PROSECUTIONS.
Explained;Introduction:
The Kenya Constitution, 2010 provides clear guidelines for the removal and resignation of the Director of Public Prosecutions (DPP). This essay explores the grounds for removal and resignation as stipulated in the constitution, highlighting the necessary procedures and steps involved. Removal of the Director of Public Prosecutions: According to the Kenya Constitution, the Director of Public Prosecutions may only be removed from office on specific grounds. These grounds include:
Procedure for Removal: If a person desires the removal of the Director of Public Prosecutions, they must present a written petition to the Public Service Commission. This petition should outline the alleged facts constituting the grounds for removal. The Public Service Commission then considers the petition and, if satisfied that it discloses the existence of a ground for removal, sends the petition to the President. Upon receipt of the petition, the President has a responsibility to suspend the Director of Public Prosecutions from office within fourteen days. The President, acting on the advice of the Public Service Commission, appoints a tribunal to inquire into the matter expeditiously. The tribunal consists of four members who hold or have held office as a judge of a superior court, one advocate with at least fifteen years' standing nominated by the statutory body responsible for advocate regulation, and two individuals with experience in public affairs. The tribunal conducts an inquiry, gathers facts, and makes recommendations to the President. The President then acts in accordance with the recommendations provided by the tribunal. During the suspension period, the Director of Public Prosecutions is entitled to half of their remuneration until they are either removed from office or reinstated. Resignation of the Director of Public Prosecutions: The Director of Public Prosecutions also has the option to resign from office by giving written notice to the President. The constitution does not specify any additional procedures or requirements for the resignation process. Conclusion: The Kenya Constitution, 2010 establishes clear grounds for the removal and resignation of the Director of Public Prosecutions. These grounds include incapacity, non-compliance with Chapter Six, bankruptcy, incompetence, and gross misconduct. The constitution outlines a proper procedure for removal, including the submission of a petition, suspension, the appointment of a tribunal, and the President's consideration of the tribunal's recommendations. Resignation, on the other hand, can be done by providing written notice to the President. These provisions ensure accountability and uphold the integrity of the office of the Director of Public Prosecutions. Citation: The Kenya constitution, 2010 PART 3—THE CABINETTHE RESPONSIBILITIES AND APPOINTMENT PROCESS OF THE SECRETARY TO THE CABINET IN KENYASECRETARY TO THE CABINET.
Explained;According to the Kenya Constitution, 2010, the Secretary to the Cabinet holds a crucial position within the government. This office is established as part of the public service, and the Secretary to the Cabinet is appointed by the President, with the approval of the National Assembly. Let's delve into the responsibilities and appointment process of the Secretary to the Cabinet in more detail.
Firstly, the Secretary to the Cabinet is responsible for managing the Cabinet office. They are tasked with arranging the business of the Cabinet and keeping minutes of the Cabinet meetings. This ensures that the decisions made by the Cabinet are properly recorded and conveyed to the appropriate persons or authorities. Additionally, the Secretary to the Cabinet has other functions as directed by the Cabinet. This implies that they may be assigned various tasks and responsibilities by the Cabinet, depending on the needs and priorities of the government. The appointment process for the Secretary to the Cabinet involves a nomination by the President, followed by approval from the National Assembly. This ensures that the appointment is made in a transparent and democratic manner. Furthermore, the President has the authority to dismiss the Secretary to the Cabinet if necessary. It is worth noting that the Secretary to the Cabinet has the option to resign from their position by giving notice in writing to the President. This provides flexibility for the Secretary to the Cabinet in case they wish to step down from their role. In conclusion, the Secretary to the Cabinet plays a crucial role in the Kenyan government. They are responsible for managing the Cabinet office, arranging Cabinet business, and conveying decisions to relevant parties. The appointment process involves nomination by the President and approval from the National Assembly. The Secretary to the Cabinet can also resign from their position by giving notice to the President. This ensures accountability and efficiency in the functioning of the government. Citation: The Kenya constitution, 2010 PART 4—OTHER OFFICESThe Roles and Responsibilities of the Director of Public Prosecutions in KenyaDIRECTOR OF PUBLIC PROSECUTIONS.
Explained;In Kenya, the Director of Public Prosecutions (DPP) holds a crucial position in the criminal justice system, with specific roles and responsibilities outlined in the Kenya Constitution, 2010. The DPP is appointed by the President, with approval from the National Assembly, and is entrusted with the power to direct criminal investigations and prosecute offenders.
According to Article 157 of the Kenya Constitution, the DPP has the authority to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct. This power ensures that the DPP can initiate investigations into criminal offenses and ensure that the necessary evidence is gathered to support criminal proceedings. The DPP is also responsible for instituting and undertaking criminal proceedings against individuals accused of committing offenses. They have the power to initiate criminal cases before any court, except for a court martial. Additionally, the DPP can take over and continue criminal proceedings that have been commenced by another person or authority, with their permission. Furthermore, the DPP has the discretion to discontinue criminal proceedings at any stage before judgment is delivered, as outlined in clause (c) of Article 157(6). However, the DPP can only discontinue a prosecution with the permission of the court. If the discontinuance occurs after the close of the prosecution's case, the defendant shall be acquitted. The DPP's powers and functions can be exercised personally or through subordinate officers, who must follow general or special instructions. This allows the DPP to delegate certain tasks while maintaining overall control and accountability. Importantly, the DPP is not required to seek consent from any person or authority to commence criminal proceedings. They operate independently and are not under the direction or control of any individual or entity. This independence ensures that the DPP can act in the public interest, uphold the administration of justice, and prevent abuse of the legal process. It is worth noting that Parliament has the authority to enact legislation that confers powers of prosecution on authorities other than the DPP. This provision allows for the establishment of specialized prosecution bodies to handle specific types of offenses or cases. In conclusion, the Director of Public Prosecutions in Kenya plays a vital role in the criminal justice system. Their responsibilities include directing criminal investigations, initiating and continuing criminal proceedings, and discontinuing cases when necessary. The DPP operates independently, upholding the public interest and the administration of justice. Their role is crucial in ensuring the fair and effective prosecution of criminal offenses in Kenya. Citation: The Kenya Constitution, 2010 PART 4—OTHER OFFICESThe Roles and Responsibilities of the Attorney-General in KenyaATTORNEY-GENERAL.
Explained;According to the provisions outlined in the Kenya Constitution, 2010, the Attorney-General holds a vital position within the government. Let's delve into their roles and responsibilities as stipulated in the constitution.
Firstly, the constitution establishes the office of the Attorney-General. This signifies the importance of having a legal expert to provide guidance and advice to the government. The appointment process for the Attorney-General involves the President nominating a candidate, who is then appointed by the President with the approval of the National Assembly. This ensures that the appointment is subjected to both executive and legislative scrutiny, ensuring accountability and transparency. The qualifications for appointment as the Attorney-General are the same as those for the office of Chief Justice. This requirement ensures that the Attorney-General possesses the necessary legal expertise and knowledge to fulfill their responsibilities effectively. The Attorney-General has several key responsibilities. Firstly, they serve as the principal legal adviser to the government. This means that they provide legal guidance and advice to the government on various matters, ensuring that the government's actions are in accordance with the law. Secondly, the Attorney-General represents the national government in court or any other legal proceedings, except for criminal cases. This role involves advocating for the interests of the national government and ensuring that its legal rights and obligations are protected. Additionally, the Attorney-General may perform other functions conferred on the office by an Act of Parliament or by the President. This provision allows for flexibility in assigning additional responsibilities to the Attorney-General as deemed necessary. The Attorney-General also has the authority, with the court's permission, to appear as a friend of the court in civil proceedings where the government is not a party. This role allows the Attorney-General to provide legal expertise and insight to the court, even in cases where the government is not directly involved. Furthermore, the Attorney-General has a crucial duty to promote, protect, and uphold the rule of law and defend the public interest. This responsibility ensures that the Attorney-General acts as a guardian of the legal system, ensuring fairness, justice, and the public's welfare. Lastly, the powers of the Attorney-General may be exercised personally or through subordinate officers acting in accordance with general or special instructions. This provision allows for the delegation of certain tasks and responsibilities to ensure the efficient functioning of the office. In conclusion, the Attorney-General in Kenya plays a vital role in providing legal advice to the government, representing the national government in legal proceedings, and promoting the rule of law and public interest. Their appointment process, qualifications, and responsibilities are outlined in the Kenya Constitution, 2010. By fulfilling these roles, the Attorney-General contributes to the effective functioning of the government and the protection of the legal rights and interests of the nation. Citation: The Kenya constitution, 2010 PART 3—THE CABINETRoles and Appointment Process of Principal Secretaries in KenyaPRINCIPAL SECRETARIES.
Explained;According to the provisions outlined in the Kenya Constitution, 2010, Principal Secretaries play a significant role in the public service. Let's delve into their roles and the process of their appointment.
Firstly, the Constitution establishes the office of Principal Secretary, which is an office in the public service. This signifies the importance and official status of Principal Secretaries within the government structure. Secondly, each State department is placed under the administration of a Principal Secretary. This means that Principal Secretaries are responsible for overseeing and managing the operations and functions of their respective State departments. They play a crucial role in ensuring the efficient and effective delivery of services within their departments. Regarding the appointment process, the President has specific responsibilities. The President is required to nominate a person for appointment as a Principal Secretary from among individuals recommended by the Public Service Commission. This ensures that the appointment process is based on merit and the expertise of the recommended candidates. Furthermore, the appointment of Principal Secretaries requires the approval of the National Assembly. This parliamentary approval mechanism ensures that the appointment is subjected to scrutiny and oversight by the legislative branch of government. Additionally, the President has the authority to re-assign a Principal Secretary. This flexibility allows for the President to make adjustments and changes within the government structure as needed. Lastly, Principal Secretaries have the ability to resign from their office by giving notice in writing to the President. This provision allows for Principal Secretaries to step down from their positions if they wish to do so, providing a mechanism for voluntary resignation. In conclusion, Principal Secretaries in Kenya have important roles and responsibilities within the public service. They oversee and manage State departments, ensuring the effective delivery of services. The appointment process involves the President nominating a candidate recommended by the Public Service Commission, with approval from the National Assembly. Principal Secretaries also have the option to resign from their positions. By adhering to these provisions, Principal Secretaries contribute to the efficient functioning of the government and the delivery of public services. Citation: The Kenya constitution, 2010 PART 3—THE CABINETDecisions, Responsibilities, and Accountability of the Cabinet in KenyaDECISIONS, RESPONSIBILITY AND ACCOUNTABILITY OF THE CABINET.
Explained;The Kenya Constitution, 2010 outlines the decisions, responsibilities, and accountability of the Cabinet, which plays a vital role in the governance of the country. Let's delve into these aspects in more detail.
Firstly, according to the Constitution, any decision made by the Cabinet must be in writing. This requirement ensures transparency and accountability in the decision-making process. Having written decisions allows for proper documentation, clarity, and reference in the future. Secondly, Cabinet Secretaries bear individual and collective accountability to the President for the exercise of their powers and the performance of their functions. This means that each Cabinet Secretary is responsible for their actions and decisions within their respective ministries. They are accountable to the President, who oversees their work and ensures that they fulfill their duties effectively. Furthermore, Cabinet Secretaries are obliged to attend parliamentary committees, such as those in the National Assembly or the Senate, when required. They must answer any questions related to matters for which they are responsible. This accountability mechanism ensures that Cabinet Secretaries are answerable to the legislative branch of government and promotes transparency and oversight. Additionally, Cabinet Secretaries are required to act in accordance with the Constitution. This emphasizes the importance of upholding the principles and provisions outlined in the Constitution while carrying out their duties. They are also mandated to provide Parliament with full and regular reports regarding matters under their control. This reporting obligation ensures that Parliament is kept informed about the activities, progress, and challenges within each ministry. In conclusion, the decisions, responsibilities, and accountability of the Cabinet in Kenya are crucial for effective governance. Written decisions promote transparency, while individual and collective accountability ensure that Cabinet Secretaries fulfill their duties responsibly. The obligation to attend parliamentary committees and provide regular reports enhances transparency and oversight. By adhering to the Constitution and fulfilling their reporting obligations, Cabinet Secretaries contribute to a more accountable and transparent government. Citation: The Kenya constitution, 2010 PART 3—THE CABINETProvisions Regarding the Cabinet According to the Kenya Constitution, 2010CABINET.
Explained;The Kenya Constitution, 2010, outlines several provisions regarding the Cabinet and its functioning. The Cabinet is composed of the President, the Deputy President, the Attorney-General, and a minimum of fourteen and a maximum of twenty-two Cabinet Secretaries. These provisions ensure a balanced and efficient decision-making body that represents various sectors of the government.
According to the Constitution, the President is responsible for nominating Cabinet Secretaries, who are then appointed with the approval of the National Assembly. It is important to note that a Cabinet Secretary cannot be a Member of Parliament, ensuring their independence from legislative duties and focusing solely on their role in the Cabinet. Upon appointment, a Cabinet Secretary assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya, as well as obedience to the Constitution. This oath signifies their commitment to the nation and its citizens. Additionally, Cabinet Secretaries have the right to resign by delivering a written statement of resignation to the President, allowing for flexibility in their tenure. The President holds the authority to re-assign or dismiss a Cabinet Secretary. However, the Constitution also provides checks and balances to prevent arbitrary dismissals. If a member of the National Assembly, supported by at least one-quarter of all members, proposes a motion requiring the President to dismiss a Cabinet Secretary, it must be based on grounds such as a gross violation of the Constitution or any other law, serious reasons to believe the Secretary has committed a crime, or gross misconduct. If such a motion is supported by at least one-third of the National Assembly members, a select committee comprising eleven members is appointed to investigate the matter. The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations. The committee must report within ten days, stating whether the allegations against the Cabinet Secretary are substantiated. If the select committee finds the allegations unsubstantiated, no further proceedings are taken. However, if the allegations are substantiated, the National Assembly affords the Cabinet Secretary an opportunity to be heard and then votes on whether to approve the resolution requiring the Cabinet Secretary's dismissal. If the resolution is supported by a majority of the National Assembly members, the Speaker delivers it to the President, who is then obligated to dismiss the Cabinet Secretary. These provisions ensure accountability and transparency within the Cabinet. By allowing for investigations and a democratic voting process, the Constitution ensures that Cabinet Secretaries are held responsible for their actions and decisions. This system promotes good governance and upholds the principles of the Kenya Constitution, 2010. In conclusion, the provisions regarding the Cabinet in the Kenya Constitution, 2010, establish the composition, appointment, and dismissal processes for Cabinet Secretaries. These provisions aim to create a balanced and accountable decision-making body that serves the best interests of the people and the Republic of Kenya. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTGrounds for the Removal of the Deputy President According to the Kenya Constitution, 2010REMOVAL OF DEPUTY PRESIDENT.
Explained;According to the Kenya Constitution, 2010, the grounds for the removal of the Deputy President are outlined in Article 150. Here is a breakdown of the grounds for removal:
It is important to note that the provisions of Articles 144 and 145, which relate to the removal of the President, also apply to the removal of the Deputy President. This means that the process for removal, including the necessary modifications, will be similar to that of the President. In conclusion, the Kenya Constitution, 2010, provides clear grounds for the removal of the Deputy President. These include physical or mental incapacity, impeachment for gross violation of the Constitution or laws, commission of a crime, and gross misconduct. The Constitution ensures that the Deputy President is held accountable for their actions and maintains the highest standards of conduct while in office. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTRemuneration and Benefits of the President and Deputy President According to the Kenya Constitution, 2010REMUNERATION AND BENEFITS OF PRESIDENT AND DEPUTY PRESIDENT.
Explained;According to the Kenya Constitution, 2010, the remuneration and benefits of the President and Deputy President are outlined in Article 151. Here is a breakdown of these provisions:
It is important to note that these provisions ensure that the President and Deputy President are adequately compensated for their service and that their financial security is protected both during and after their tenure. These provisions also recognize the importance of maintaining the dignity and status of former Presidents and Deputy Presidents by safeguarding their retirement benefits and privileges. In conclusion, the Kenya Constitution, 2010, guarantees the remuneration and benefits of the President and Deputy President. These provisions ensure that their financial packages and privileges are protected and cannot be reduced to their disadvantage while in office. Additionally, the Constitution safeguards the retirement benefits, facilities, and privileges of former Presidents and Deputy Presidents, ensuring their continued well-being and dignity. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTThe Process for Filling a Vacancy in the Office of Deputy President According to the Kenya Constitution, 2010VACANCY IN THE OFFICE OF DEPUTY PRESIDENT.
Explained;According to the Kenya Constitution, 2010, the process for filling a vacancy in the office of Deputy President is outlined in Article 149. Here is a breakdown of the process:
In conclusion, the Kenya Constitution, 2010, provides a clear process for filling a vacancy in the office of Deputy President. The President nominates a candidate, and the National Assembly votes on the nomination within sixty days. The term of the Deputy President is determined based on the remaining time until the next regularly scheduled election. This process ensures a smooth transition and continuity in the leadership of the country. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTThe Election and Swearing-in Process of the Deputy President According to the Kenya Constitution, 2010ELECTION AND SWEARING IN OF DEPUTY PRESIDENT.
Explained;According to the Kenya Constitution, 2010, the process for the election and swearing in of the Deputy President involves several steps and requirements. Here is a detailed breakdown of the process:
Citation: The Kenya Constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTThe Functions of the Deputy President According to the Kenya Constitution, 2010FUNCTIONS OF THE DEPUTY PRESIDENT.
Explained;According to the Kenya Constitution, 2010, the Deputy President holds several important functions and responsibilities. Firstly, the Deputy President is designated as the principal assistant to the President and is entrusted with deputizing for the President in the execution of their functions. This means that the Deputy President acts on behalf of the President when necessary, ensuring the smooth functioning of the executive branch.
Furthermore, the Deputy President is mandated to perform the functions conferred by the Constitution itself, as well as any additional functions assigned by the President. This highlights the broad scope of responsibilities that the Deputy President may undertake, as they are not limited solely to the functions explicitly outlined in the Constitution. In the absence or temporary incapacitation of the President, as well as during any other period determined by the President, the Deputy President is authorized to act as the President. This provision ensures continuity in governance and allows for the seamless execution of presidential duties in the President's absence. It is important to note that the Deputy President is prohibited from holding any other State or public office. This restriction is in place to ensure that the Deputy President can fully dedicate themselves to their role as the principal assistant to the President and avoid any potential conflicts of interest. In conclusion, the functions of the Deputy President, as outlined in the Kenya Constitution, 2010, encompass being the principal assistant to the President, deputizing for the President, performing assigned functions, and acting as the President in their absence. These responsibilities are crucial for maintaining the smooth functioning of the executive branch and ensuring effective governance in Kenya. Citation: The Kenya Constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTVacancy in the Office of President: Succession Process and Provisions Outlined in the Kenya Constitution 2010VACANCY IN THE OFFICE OF PRESIDENT.
Explained;In the Kenya Constitution 2010, provisions are outlined to address the vacancy in the office of the President and the succession process. According to Article 146, the office of the President becomes vacant if the holder of the office dies, resigns in writing addressed to the Speaker of the National Assembly, or otherwise ceases to hold office under Article 144 or 145, or any other provision of the Constitution.
When a vacancy occurs in the office of the President, the Constitution provides for the following succession process. Firstly, if the Deputy President is available, they shall assume office as President for the remainder of the term of the President. This is stated in Article 146(2)(a). However, if the office of the Deputy President is also vacant or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President. In such cases, an election to the office of President shall be held within sixty days after the vacancy arose in the office of President, as stated in Article 146(2)(b). It is important to note that the person who assumes the office of President, whether it is the Deputy President or an individual elected following a vacancy, shall hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136(2)(a). This is mentioned in Article 146(3). Furthermore, if the Deputy President assumes office as President, or a person is elected to the office of President, the duration of their term is determined by Article 142(2). If, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136(2)(a), they shall be deemed to have served a full term as President. However, if less than two and a half years remain, they shall not be considered to have served a term of office as President, as stated in Article 146(4). The provisions outlined in the Kenya Constitution 2010 regarding the vacancy in the office of the President and the succession process ensure a smooth transition of power and uphold the principles of democratic governance. These provisions safeguard against any power vacuum and provide a clear framework for the continuity of leadership in the country. In conclusion, the Kenya Constitution 2010 establishes a comprehensive set of provisions to address the vacancy in the office of the President and the succession process. These provisions define the roles of the Deputy President, the Speaker of the National Assembly, and the electoral process in ensuring a seamless transition of power. By adhering to these provisions, Kenya can maintain stability and continuity in its leadership. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTThe Impeachment Process of the President According to the Kenya Constitution 2010REMOVAL OF PRESIDENT BY IMPEACHMENT.
Explained;According to the Kenya Constitution 2010, the process for impeaching the President involves several steps and requirements. A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President. This motion can be based on the following grounds:
If the motion is supported by at least two-thirds of all the members of the National Assembly, the Speaker informs the Speaker of the Senate within two days. The President continues to perform the functions of the office pending the outcome of the proceedings. Within seven days after receiving notice of the resolution, the Speaker of the Senate convenes a meeting of the Senate to hear charges against the President. The Senate may then appoint a special committee comprising eleven of its members to investigate the matter. The special committee is responsible for investigating the allegations and reporting to the Senate within ten days. If the committee finds the particulars of the allegations to have been substantiated, the Senate proceeds with the impeachment process. However, if the allegations are not substantiated, no further proceedings are taken in respect of that allegation. During the investigations, the President has the right to appear and be represented before the special committee. After the committee's report, the Senate provides the President with an opportunity to be heard before voting on the impeachment charges. If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President ceases to hold office. This process ensures that the removal of the President is a thorough and democratic decision, requiring a significant majority in both the National Assembly and the Senate. In conclusion, the Kenya Constitution 2010 outlines a detailed process for impeaching the President. It involves the support of a significant number of members, investigations by a special committee, and a two-thirds majority vote in the Senate. This process ensures accountability and upholds the principles of democracy in Kenya. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTThe Process of Removing the President from Office on Grounds of Incapacity According to the Kenya Constitution 2010REMOVAL OF PRESIDENT ON GROUNDS OF INCAPACITY.
Explained;According to the Kenya Constitution 2010, the President can be removed from office on grounds of incapacity through a specific process outlined in Article 144. This process involves the National Assembly, the Chief Justice, and a tribunal appointed to investigate the President's physical or mental capacity to perform the functions of office.
To initiate the removal process, a member of the National Assembly must move a motion for the investigation of the President's incapacity, supported by at least a quarter of all the members. If this motion is supported by a majority of all the members, the Speaker of the National Assembly must inform the Chief Justice of the resolution within two days. During this time, the President continues to perform the functions of the office. Within seven days of receiving notice, the Chief Justice appoints a tribunal to inquire into the matter. The tribunal consists of three persons qualified to practice medicine under Kenyan law, nominated by the body responsible for regulating the professional practice of medicine. Additionally, one advocate of the High Court nominated by the body responsible for regulating the professional practice of advocates and one person nominated by the President are included in the tribunal. If the Chief Justice is unable to appoint the tribunal, the Deputy Chief Justice assumes this responsibility. Similarly, if the President is unable to nominate a person for the tribunal, a member of the President's family or a close relative may make the nomination. The tribunal has the task of investigating the President's physical or mental capacity to perform the functions of office. Within fourteen days of its appointment, the tribunal must report its findings to the Chief Justice and the Speaker of the National Assembly. The Speaker then presents the tribunal's report to the National Assembly within seven days. The report of the tribunal is final and not subject to appeal. If the tribunal concludes that the President is capable of performing the functions of the office, the Speaker of the National Assembly announces this in the National Assembly. However, if the tribunal determines that the President is incapable, the National Assembly votes on whether to ratify the report. If a majority of all the members of the National Assembly vote in favor of ratifying the report, the President ceases to hold office, effectively removing them from power. In conclusion, the Kenya Constitution 2010 provides a detailed process for removing the President from office on grounds of incapacity. This process involves the National Assembly, the Chief Justice, and a tribunal appointed to investigate the President's physical or mental capacity. The final decision lies with the National Assembly, which votes on whether to ratify the tribunal's report. This constitutional provision ensures a fair and transparent process for addressing the issue of incapacity in the highest office of the country. Citation: The Kenya Constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTLegal Protections for the President According to the Kenya Constitution 2010PROTECTION FROM LEGAL PROCEEDINGS.
Explained;According to the Kenya Constitution 2010, specific legal protections are provided to the President or a person performing the functions of that office during their tenure. These protections are outlined in Article 143.
Firstly, criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office during their tenure of office. This immunity from criminal proceedings ensures that the President is shielded from legal actions related to their official duties while in office. Similarly, civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office. This means that individuals are prohibited from bringing civil lawsuits against the President for any actions or inactions taken in the exercise of their powers under the Constitution. Furthermore, the Kenya Constitution 2010 specifies that if there is a provision in the law that limits the time within which proceedings under criminal or civil matters may be brought against a person, the period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the prescribed period of time. This provision ensures that the President's tenure does not affect the time limitations for legal proceedings. However, it is important to note that the immunity of the President under Article 143 does not extend to crimes for which the President may be prosecuted under any treaty to which Kenya is a party and which prohibits such immunity. This exception ensures that the President can still be held accountable for crimes that are covered by international treaties to which Kenya is a signatory. In conclusion, the Kenya Constitution 2010 provides legal protections for the President or a person performing the functions of that office during their tenure. These protections include immunity from criminal and civil proceedings related to their official duties. However, it is important to note that this immunity does not extend to crimes covered by international treaties that prohibit such immunity. Citation: The Kenya constitution, 2010 PART 2—THE PRESIDENT AND DEPUTY PRESIDENTTerm Limits for the Office of the President According to the Kenya Constitution 2010TERM OF OFFICE OF PRESIDENT.
Explained;According to the Kenya Constitution 2010, the term limits for the office of the President are clearly defined. These limits are outlined in Article 142.
Firstly, the President shall hold office for a term beginning on the date on which the President was sworn in. The term of office continues until the person next elected President in accordance with Article 136 (2) (a) is sworn in. Furthermore, the Kenya Constitution 2010 imposes a restriction on the number of terms an individual can serve as President. According to Article 142(2), a person is not allowed to hold office as President for more than two terms. This means that once an individual has served as President for two terms, they are no longer eligible for re-election to the office. These term limits serve to ensure that there is regular turnover in the office of the President, promoting democratic principles and preventing the concentration of power in one individual for an extended period. By limiting the number of terms, the Constitution allows for new leadership and fresh perspectives to be brought into the highest office of the country. It is important to note that the term limits apply to the elected President and not to an acting President during temporary incumbency. The limitations on term limits are specific to the individual who has been elected as President. In conclusion, the Kenya Constitution 2010 establishes clear term limits for the office of the President. The President's term begins on the date of their swearing-in and ends when the next elected President is sworn in. Additionally, an individual is restricted from holding office as President for more than two terms. These term limits promote democratic principles and ensure regular turnover in the highest office of the country. Citation: The Kenya constitution, 2010 Limitations on the Exercise of Presidential Powers During Temporary Incumbency in KenyaPART 2—THE PRESIDENT AND DEPUTY PRESIDENTExercise of presidential powers during temporary incumbency. 134.
Explained;According to the Kenya Constitution 2010, there are limitations on the exercise of presidential powers during temporary incumbency. These limitations are outlined in Article 134.
During the period between the first vote in a presidential election and when the newly elected President assumes office, or in the absence or incapacitation of the President, the person holding the office of President or authorized to exercise the powers of the President is restricted from exercising certain powers specified in clause (2) of Article 134. The powers that cannot be exercised during temporary incumbency are as follows:
It is important to note that these limitations only apply during the specified periods of temporary incumbency. Once the newly elected President assumes office or the President returns from absence or incapacitation, these powers can be exercised again. In conclusion, the Kenya Constitution 2010 clearly outlines the limitations on the exercise of presidential powers during temporary incumbency. These limitations aim to maintain the proper functioning of the presidency and ensure that important decisions and appointments are made by the elected President. Citation: The Kenya constitution, 2010 |
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