MACTV News: U.S Cautions Kenya on New Constitution

Picture by Menelik Zeleke

By Williams Ekanem

The United States have cautioned the Kenyan administration on the full implementation of the country’s new constitution so as to realize the promise of a democratically stable and prosperous future for all Kenyans. 

A position statement from the Department of State at the weekend signed by Assistant Secretary of state for Public Affairs, Philip Crowley said that this informed by the differences in opinion between the Kenyan Parliament and that of President Kibaki on the nomination of individuals into key judicial and budget positions.

 Speaker of Parliament Kenneth Marende ruled on February 17 that President Kibaki's nominations to key judicial and budget positions were not consistent with the provisions of the new constitution, highlighting the importance of moving forward on reform transparently and cooperatively. 

In reaction, the United States stated that “Progress can only be achieved if the President and Prime Minister work together in a collaborative way to implement the constitution, particularly to ensure that appointments are made in a transparent and credible manner.”

 According to the statement, “adoption of Kenya's new constitution in August 2010 was a major milestone in implementing sweeping democratic reforms set out in the National Accord.  The National Accord – which is written into the constitution's transitional provisions – calls for the two principals to consult with a view to achieving compromise on key issues.  We also encourage the coalition leaders to involve civil society in the constitutional implementation process in order to achieve national consensus.”

The 2010 Constitution of Kenya was drawn up to replace the first constitution of Kenya. The constitution was presented to the Attorney General of Kenya on April 7, 2010, officially published on May 6, 2010, and was subjected to a referendum on August 4, 2010. The new Constitution was approved by 67% of Kenyan voters.

 The constitution was promulgated on 27 August 2010.

The new constitution of Kenya comprises of a preamble, 18 chapters, and six schedules. The preamble affirms the acceptance by all Kenyans to adopt the constitution for themselves and for all future generations.

Among other functions, the six schedules describe the national symbols of Kenya and also prescribe the oaths of office for holders of different constitutional offices.

The Kenyan Constitution is comprised of the following 18 Chapters.