Article 26 of the constitution of kenya pdf

Right to life abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. Constitution of kenya 2010, article 264 article 264. New constitution clarifies law on abortion and guarantees right to reproductive health summary and comments by anna pippus in a referendum on august 4, 2010, 67% of kenyans voted in favour of a proposed new constitution. The commission shall be a separate and independent corporate body. National values and principles of governance kenya. The democratic republic of the congo is, within its borders of 30 june 1960, a state. Pdf the kenyan constitution, with discussion of the constitutionmaking process and its content. Interpreting article 264 of the constitution of kenya. The constitution of kenya is the supreme law of the republic of kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.

Constitution of the federal democratic republic of ethiopia home basic information general. The draft had already been approved by parliament, following months of consultations and revisions. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. The constitution enya kenya film classification board. But, on the other hand, article 26 also curtails rights. The federal democratic republic of ethiopia shall have a parliamentarian form of government. Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic. Constitution of the republic of uganda, 1995 uganda legal. The constitution of the hashemite kingdom of jordan.

Table of contents preamble title i general provisions. The study finds that article 26 4 of the kenya constitution, has an expansive interpretation that can adequately provide for womens access to abortion. Article 25 the legislative power shall be vested in the national assembly and the king. Interpreting article 264 of the constitution of kenya 2010. Kenyan constitution, chapter seventeen, article 260 soko. Which are laid down in article 26 and 27 of the south african constitution. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. Ghai, yash pa l and cottrell ghai, jill, kenyas co. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or. This document has been recompiled and reformatted using texts collected in international ideas. The national assembly shall consist of a senate and a chamber of deputies. Nonetheless, a holistic interpretation which incorporate other articles of the constitution together with international human rights law remains critical. Kenya the constitution article 70 whereas every person in kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connection, political opinions, color, creed or sex, but subject to respect for the.

The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. The national values and principles of governance in this article bind all state organs, state officers, public. Kenyas constitution in a global context international. The constitution of the democratic republic of the congo, 2005 1 table of contents preamble title i general provisions chapter 1 the state and sovereignty chapter 2 nationality title ii human rights, fundamental liberties and the duties of the. The objective was to determine the legal and regulatory considerations on article 26 4 and offer recommendation on necessary legislation. Human rights in kenya internationally maintain a variety of mixed opinions. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. As also elaborated in the constitution section the functions of the kenya national human rights commission are as follows.

Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. The republic of kenya shall be a multiparty democratic state. The objective was to determine the legal and regulatory considerations on article 264 and offer recommendation on necessary legislation. Article on the basis of any of the grounds set out in article 261. Ghanas constitution of 1992 with amendments through 1996. In the freedom of the world index for 2017, kenya held a rating of 4 for civil liberties and political freedoms, in which a scale of 1 most free to 7 least free is practised. Constitution of the federal democratic republic of ethiopia. 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. Constitution of kenya the constitution of kenya chapter 1 the republic of kenya 1. Constitution of kenya 2010 wikisource, the free online.

The constitution of the republic of ghana arrangement of articles chapter onethe constitution article 1. The constitution of kenya 20101 assigns health policy and all criminal law to the national government. The constitution of the republic of kenya, 1963 as. The constitution of the republic of kenya, 1963 as amended. Defence of the constitution chapter twoterritories of ghana 4. The constitution of kenya 3 part 2rights and fundamental freedoms 26right to life. Considering that the new constitution of the republic of rwanda was adopted by rwandan citizens in the referendum of. Any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. Freedom of conscience, religion, belief and opinion. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble. Constitution of kenya 2010, article 26 4 article 26 4. All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. A legal opinion on article 59 of the constitution of kenya.

Kenyas abortion provisions center for reproductive rights. Chapter 5 also makes detailed provisions for the protection of the environment. The role and responsibilities of commissioners article 9. Equality and freedom from discrimination kenya law. Rights of persons detained, held in custody or imprisoned. The second amendment is the constitution amendment act, 2005. The 2010 edition replaced the 1963 independence constitution. Section 3 of the kenya national human rights commission bill read together with article 594 and 5 establishes the commission. The right to equality in kenyas new constitution equal rights trust. Chapter twothe republic 4declaration of the republic. Table of contents6 chapter 1 the republic article 1 establishment of th e republic o f namibia and id entification of its territory 1 the republic of namibia is hereby established as a sovereign, secular.

Defence of this constitution 1 every person has an obligation to respect, uphold. Kenyan constitution, chapter seventeen, article 258 to 259 about juma juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. Nonetheless, a holistic interpretation which incorporate other articles of the constitution together with. National law supersedes any laws made at the county level and also applies when there is no county legislation on a matter. Parliament that satisfies the criteria referred to in article 24.

This thesis sought to address implementation of article 26 4 of the constitution of kenya which qualifies abortion on certain grounds. Compare with article 24 of the constitution of kenya, 2010. This text of the constitution is a copy of the text enrolled on november, 2019 pursuant to article 25. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. The study finds that article 264 of the kenya constitution, has an expansive interpretation that can adequately provide for womens access to abortion. This thesis sought to address implementation of article 264 of the constitution of kenya which qualifies abortion on certain grounds. Considering that the new constitution of the republic of rwanda was adopted by rwandan citizens in the referendum of may 26, 2003 as confirmed by the supreme. Article 24 i the nation is the source of all powers. The house of representatives shall be composed of members chosen every second year by the people of the several. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the people. The proposed constitution of kenya in sec 26 4 reiterates and reaffirms the current kenyan penal code by stating. Creation, alteration or merger of regions chapter threecitizenship 6. Under the 2010 constitution of kenya, abortion is permitted in certain circumstances. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to.

The constitution of kenya chapter 1 the republic of kenya 1. The constitution was presented to the attorney general of kenya on 7 april 2010, officially published on 6 may 2010, and was subjected to a. Implementing article 26 4 of the constitution of kenya. Revised harmonized draft constitution of kenya comprising.