Difference between revisions of "Kenya"

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== Codes ==
 
== Codes ==
 
[[THE CONSTITUTION OF THE REPUBLIC OF KENYA]]
 
[[THE CONSTITUTION OF THE REPUBLIC OF KENYA]]
== 1.1 Sovereignty of the people ==
 
 
1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
 
 
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.
 
 
 
 
(a) Parliament and the legislative assemblies in the county governments;
 
 
(b) the national executive and the executive structures in the county governments; and
 
 
(c) the Judiciary and independent tribunals.
 
 
 
 
(a) the national level; and
 
 
(b) the county level.
 
 
 
== 1.2 Supremacy of this Constitution ==
 
== 1.2 Supremacy of this Constitution ==
  

Revision as of 11:53, 21 October 2010

BACKGROUND

One of the largest countries in the East Africa Law Society, Kenya has a common law criminal justice system inherited from British colonial rulers. Until 1967 local courts applied customary laws, but these practices were eventually outlawed. In 2010, Kenya adopted a new and progressive constitution that provided for increased rights to the accused and the convicted. One provision gave prisoners the right to vote, making Kenya one of the more progressive countries in this regard.

Rule of law continues to be a struggle in Kenya, where the country was ranked 147th out of 180 countries by the Transparency International Index.

Kenyan citizens have no right to counsel unless they are charged with a capital offense.

Kenya has ratified the International Covenant on Civil and Political Rights.


QUICK FACTS

  • 43.4% of prisoners in Kenya are pre-trial detainees.
  • Prisons in Kenya are currently at 223.3 percent capacity.

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LEGAL RESOURCES

Codes

THE CONSTITUTION OF THE REPUBLIC OF KENYA

1.2 Supremacy of this Constitution

2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.

(2) No person may claim or exercise State authority except as authorised under this Constitution.

(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.

(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.

(5) The general rules of international law shall form part of the law of Kenya.

(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

1.3 Defence of this Constitution

3. (1) Every person has an obligation to respect, uphold and defend this Constitution.

(2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

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