QUESTION:
Assess the contribution of independence constitution to the 2010 constitution.
, According to Westminster tradition, a constitution is “a body of rules which define and limit
governmental power and regulate major political activities in the state”.
The independence constitution refers to the constitution that was adopted by Kenya immediately
after independence in 1963 and was largely as a result of Lancaster house conferences. This
constitution was known as “The constitution of Kenya 1963”.The 2010 constitution was a
constitution that was promulgated in August 2010 as a result of various amendments that were
meant to reform contentious issues such as land and environment management in the 1963
constitution.
However, despite the reforms that were made, the independence constitution has contributed
much in the drafting of the 2010 constitution. To begin with, is the issue of citizenship.
According to chapter VI of independence constitution, it stipulated that citizenship in Kenya
could be obtained in through birth (section 77(1)), registration (88(182)), and naturalization
(88(5)).The 2010 constitution in chapter 3, which is about citizenship, provides that citizenship
in Kenya can be obtained through birth (article 14) and through registration
(article15).Moreover, in this 2010 constitution, citizenship has been diversified to also include a
dual citizenship (article 16).
The issue of devolution or ‘majimboism’ in the 2010 constitution was borrowed from the
independence constitution. In the independence constitution, ‘majimboism’ was meant to
advocate for collective land control, resource distribution and the rights for the minority groups
and the marginalized. However, the majimbo system in Kenya was abolished by the constitution
of Kenya amendment Act No.38 of 1964, and made regions fully dependent on the central
government. The 2010 constitution embodies the idea of a devolved government in chapter
11.Article 174 of the constitution provides for the objects of devolution which includes;
promotion of democracy(a),national unity and recognition of diversity(b),power for self-
governance(c),protection and prevention of the interests of the minorities and the
marginalized(e),to ensure equitable sharing of natural and local resources throughout the
country(f),to enhance separation of powers and to promote the principle of checks and balances,
among others.
Page 1 of 6
Assess the contribution of independence constitution to the 2010 constitution.
, According to Westminster tradition, a constitution is “a body of rules which define and limit
governmental power and regulate major political activities in the state”.
The independence constitution refers to the constitution that was adopted by Kenya immediately
after independence in 1963 and was largely as a result of Lancaster house conferences. This
constitution was known as “The constitution of Kenya 1963”.The 2010 constitution was a
constitution that was promulgated in August 2010 as a result of various amendments that were
meant to reform contentious issues such as land and environment management in the 1963
constitution.
However, despite the reforms that were made, the independence constitution has contributed
much in the drafting of the 2010 constitution. To begin with, is the issue of citizenship.
According to chapter VI of independence constitution, it stipulated that citizenship in Kenya
could be obtained in through birth (section 77(1)), registration (88(182)), and naturalization
(88(5)).The 2010 constitution in chapter 3, which is about citizenship, provides that citizenship
in Kenya can be obtained through birth (article 14) and through registration
(article15).Moreover, in this 2010 constitution, citizenship has been diversified to also include a
dual citizenship (article 16).
The issue of devolution or ‘majimboism’ in the 2010 constitution was borrowed from the
independence constitution. In the independence constitution, ‘majimboism’ was meant to
advocate for collective land control, resource distribution and the rights for the minority groups
and the marginalized. However, the majimbo system in Kenya was abolished by the constitution
of Kenya amendment Act No.38 of 1964, and made regions fully dependent on the central
government. The 2010 constitution embodies the idea of a devolved government in chapter
11.Article 174 of the constitution provides for the objects of devolution which includes;
promotion of democracy(a),national unity and recognition of diversity(b),power for self-
governance(c),protection and prevention of the interests of the minorities and the
marginalized(e),to ensure equitable sharing of natural and local resources throughout the
country(f),to enhance separation of powers and to promote the principle of checks and balances,
among others.
Page 1 of 6
