Kenya - Constitution

The constitution has been amended many times since the republic was formed in December 1964. The constitution in force until August 2010 provided for the unicameral National Assembly consisting of 210 directly elected members and 12 non-constituency members nominated by the president. The multiparty system was introduced in December 1991.

The president is head of state, head of the cabinet and commander-in-chief of the armed forces, and chooses the vice-president and cabinet from among the members of the National Assembly, and appoints the chief justice, chief commissioner of police and most senior civil servants. The president is directly elected and is limited to two five-year terms. To be elected president, a candidate must receive more votes than any other candidate and not less than 25% of the votes cast in five of the eight provinces, and must simultaneously be elected a member of the National Assembly.

A commission was set up in 2000 to draw up a new constitution, which – following a constitutional court ruling in March 2004 – would be subject to a national referendum. Draft constitutions were discussed at a series of constitutional conferences. The new constitution that was approved by the National Assembly in April 2010 and endorsed by the electorate in the national referendum of August 2010 provides for reduction of the president’s power; creation of a senate; significant devolution of power to new county authorities; recognition of faith courts; and creation of an independent land commission to promote land reform.