Kenya Constitution

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Constitution: history: previous 1963, 1969; latest drafted 6 May 2010, passed by referendum 4 August 2010, promulgated 27 August 2010
amendments: proposed by either house of Parliament or by petition of at least one million eligible voters; passage of amendments by Parliament requires approval by at least two-thirds majority vote of both houses in each of two readings, approval in a referendum by majority of votes cast by at least 20% participation of eligible voters in at least one-half of Kenya’s counties, and approval by the president; passage of amendments introduced by petition requires approval by a majority of county assemblies, approval by majority vote of both houses, and approval by the president (2017)

Definition: This entry provides information on a country’s constitution and includes two subfields, history and amendments. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. For countries with 1-3 previous constitutions, the years are listed; for those with 4-9 previous, the entry is listed as “several previous,” and for those with 10 or more, the entry is “many previous.” The amendments subfield summarizes the process of amending a country’s constitution – from proposal through passage – and the dates of amendments, which are treated in the same manner as the constitution dates.

The main steps in creating a constitution and amending it usually include the following steps: proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In many countries this process is lengthy. Terms commonly used to describe constitutional changes are “amended,” “revised,” or “reformed.” In countries such as South Korea and Turkmenistan, sources differ as to whether changes are stated as new constitutions or are amendments/revisions to existing ones.

A few countries including Canada, Israel, and the UK have no single constitution document, but have various written and unwritten acts, statutes, common laws, and practices that, when taken together, describe a body of fundamental principles or established precedents as to how their countries are governed. Some special regions (Hong Kong, Macau) and countries (Oman, Saudi Arabia) use the term “basic law” instead of constitution.

A number of self-governing dependencies and territories such as the Cayman Islands, Bermuda, and Gibraltar (UK), Greenland and Faroe Islands (Denmark), Aruba, Curacao, and Sint Maarten (Netherlands), and Puerto Rico and the Virgin Islands (US) have their own constitutions.

Source: CIA World Factbook - This page was last updated on January 20, 2018

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