Constitution in kenya essay

The reforms aimed at the eradication of poverty and unemployment challenges through substantial recovery and improvement or productivity of investment recognizing the private sector as the main engine of growth. In discussing the issues of the liberalization of cooperative policies practices and legislation its clear that the societies have both successes and failures. Successes of the liberalization of cooperatives up to date To the cooperative movement, liberalization measures were put in place with a view to create commercially autonomous member-based cooperatives that would be democratically and professionally managed; self-controlled; and self-reliant. To this effect in government published Sessional Paper No.

Constitution in kenya essay

How to Write a Summary of an Article? Everyone has the right to a decent standard of living as stated in the Universal Declaration of Human Rights, a document that has attained the status of jus cogens due to its wide acceptance.

Essential to the achievement of this standard is access to adequate housing. It fulfills psychological needs by providing a sense of personal space and privacy. It fulfills social needs by providing a gathering area and communal space for the human family, the basic unit of society.

It also fulfills economic needs by functioning as a center for commercial production. Due to various factors including insufficient financial and natural resources, population growth, political upheavals, and rural- urban migration, a vast population of Kenyans especially those living in urban areas end up homeless or in informal settlements.

O Lumumba in his speech during the World Habitat forum in described the lengths to which people unable Constitution in kenya essay afford adequate housing go to provide shelter to themselves and their families.

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Although right to adequate shelter is a human right, this does not imply that the government is obliged to provide each of their citizens with land and an appropriate house to live in.

This is dependent on the laws and policies of each individual country. In Kenya, the debate about the justifiability of housing and some other socio-economic rights seems to be over with the passing of the Constitution. This is because the constitution has provisions that seek to protect the provision of these rights to every citizen as will be discussed in the next part.

But as years passed by, the biting reality that the country had been taken over by neo-colonialists hit home. The independence constitution was not sufficient to protect the general public from the vicious acts and decisions of those in power.

Constitution Law of Kenya - New York Essays

There was need for constitutional reform. Kenyans have long struggled for constitutional reform. They struggled because they suffered under an oppressive system of government.

Their human rights were suppressed. The power of the state was concentrated in one person, the president. First regions and then local governments were stripped of all their powers.

Constitution in kenya essay

At the center, the president dominated all institutions of the state. Cronyism substituted for politics. Merit counted for little. The law was frequently abused by the government and the exercise of power was unpredictable and arbitrary.


The judiciary had failed to protect the constitution and the rights of the people. The civil service and other executive organs lost independence. There was corruption, plundering both of the state and a captive private sector, on a massive scale. The new constitution therefore had to be a document that remedies the shortcomings of the independence constitution.

The drafters of the new Constitution aimed to restore the confidence of the citizens with their government. One of the salient features of the constitution is the incorporation of a strong and comprehensive Bill of Rights. It contains a number of rights, which were missing from the independence constitution, including rights to official information, environment, economic and social rights, and rights of consumers, et cetera.

The Constitution strengthens the achievement of the human rights by limiting the restrictions that may be placed on rights and by establishing a strong mechanism for the enforcement of rights. It also provides for an independent commission of human rights to protect and promote rights and freedoms.

Of importance to this research are the Economic and Social rights. Amongst this list of rights is the right to housing. Forced evictions of persons living in unplanned settlements and slums are a common feature of urban development.

People living in these informal settlements live at the margins of society. Land is generally an expensive investment in Kenya therefore only a few can afford it. Those who cannot afford it opt to rent apartments or houses or rooms from property owners but there are some who cannot still afford this kind of arrangements and so set up their housing structures on any free land that they come across, regardless of whether it is private land or public land set out for other purposes.

This latter group of people is the ones who fall victim to forced evictions. Article 2 5 and 6 of the constitution general rules of international law and any treaty or convention ratified by Kenya form part of the laws of Kenya.

It is with this backing of the law that victims of forced evictions that are not conducted in the manner stipulated in both domestic law and international law are able to defend their right to housing through the courts. He presented this paper during the world habitat forum organized by un-habitat held on the 13th —17th September at the Barcelona, Spain [ 5 ].

Draft Eviction an Resettlement Guidelines, Cardinal rights and freedoms: The Constitution of Kenya guarantees the cardinal rights and freedoms of the person. Chapter IV of the Constitution is devoted to the rights and freedoms which are exercisable. capable to: – a. The rights and freedoms of others Just .

Constitutional Interpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike.

To understand the legislative process, it is necessary to know a few facts about this lawmaking body in Kenya. The Kenyan legislature consists of two bodies as established by Article 93 sub-article (1) of the Constitution Constitution Law of Kenya; Constitution Law of Kenya. 2 February However, for the purposes of this essay, I will look at the legislative role and the legislative process of the parliament in Kenya.

of the Constitution It states: There is established a Parliament of Kenya, which shall consist of the National Assembly and the. In Kenya, the debate about the justifiability of housing and some other socio-economic rights seems to be over with the passing of the Constitution. This is because the constitution has provisions that seek to protect the provision of these rights to every citizen as will be discussed in the next part.

MOUNT KENYA UNIVERSITY BEATRICE J. OLUOCH REG NO:BDS// UNIT CODE: LEGAL ASPECTS QUESTION:DISCUSS THE DEVELOPMENT IN THE NEW CONSTITUION A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

Constitution in kenya essay

These rules together make up, i.e. constitute, what the entity is.

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