Describe the main Constitutional changes in Kenya since independence up to 2010.
Answer:
- The Republican constitution of 1954 adopted unitary form of government replacing the federal/majimbo form of government which was adopted at independence.
- In 1964, the post of prime minister was abolished and the post of an executive president was introduced. In 1964 the bicameral parliament composed of the senate and house of representatives was abolished and a unicameral parliament composed of the national assembly only was introduced.
- In 1966, the president was empowered to rim person without trial if the conduct of the said person was a threat to national security.
- The 1967 amendment of section 43A recommended that if an MP resigned from the party that sponsored him/her to parliament he/she had to vacate the office and seek a fresh mandate from the voters.
- In 1968, the procedures for presidential elections were change and voter would directly elect the president in a general election.
- The president also had to be nominated by a political party.
- The 1968, amendment also stated that the vice president would assume presidential power in case of a vacancy in the office of the president for 90 days after which elections must be held to elect a new president
- The 1974, amendment lowered the voting age from 22 years to 18 years and the age of presidential candidate from 40 years to 35 years.
- In 1974, Kiswahili was made the official language of parliament alongside English.
- The 1979, amendment provided that public officers had to resign 6 months in advance in order to qualify as candidates for elections.
- In 1982 section 2A was introduced in the constitution making Kenya a de factor by law (one party state) and kANU became the only legal party in Kenya.
- In 1987/ 1988, the security of tenure act amendment empowered the president to dismiss key government officers such as the Attorney General, High Court judges, the Controller General and Auditor general etc. without referring to a special commission / tribunal.
- In 1991, section 2A was repealed making Kenya a de facto by law (multi-party state) and these allowed for the formation of opposition political parties.
- The 1992, amendment limited the President tenure to two-five-year term. The presidential candidates also had to garner 25% of votes in at least 5 of the 8 provinces in Kenya.
- In 1997, the inter-parts parliamentary group (I.P.P.G) agreement aimed at leveling the political playing ground. All political parties were empowered to nominate the 12 nominated
M.Ps as per their representation in parliament.
- ln 1998, the constitution of Kenya review act established purpose and methods of the
constitutional review of the constitution of Kenya.
-In 2008, the National Accord and Reconciliation Act led to the creation of the grand coalition government and the post of Prime Minister as a power sharing deal to avert the post-election violence in Kenya.
- In 2010, marked the passing of new constitution for Kenya which was promulgated on 27th August 2010 to become the new constitution for Kenya.