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Constitution of Kenya, 2010
[Subsidiary]
SUBSIDIARY LEGISLATION
L.N. 133/2010.
THE CONSTITUTION OF KENYA
THE CONSTITUTION OF KENYA REVIEW ACT, 2008
(No 9 of 2008)
THE NEW CONSTITUTION OF KENYA
PROMULGATION
L.S
By His Excellency the Honorable Mwai Kibaki,
President and Commander-in-Chief of the Armed Forces
of the Republic of Kenya.
WHEREAS the people of Kenya, in exercise of their sovereign right
to replace the Constitution, ratified the proposed New Constitution of Kenya
through a referendum held on the 4th August, 2010, in accordance with the
provisions of section 47A of the Constitution of Kenya and Part V of the
Constitution of Kenya Review Act, 2008;
.
AND WHEREAS the Constitution of Kenya (Amendment) Act, 2008
and the Constitution of Kenya Review Acts of 1997 and 2008, as variously
amended, provided a legal framework for the comprehensive review and
replacement of the current Constitution by the people of Kenya, which ensured
that the review process—
(a) accommodated the diversity of the Kenyan people, including
socio economic status, race, ethnicity, gender, religious faith, age,
occupation, learning, persons with disabilities and the disadvantaged
and was guided by respect for the universal principles of human
rights, gender equity and democracy;
(b) provided the people of Kenya an opportunity to actively, freely
and meaningfully participate in generating and debating proposals
to alter the Constitution;
(c) resulted in a new Constitution which faithfully reflected the wishes
of the people of Kenya;
AND WHEREAS for the last two decades, the people of Kenya have
yearned for a new Constitution which—
(a) guarantees peace, national unity and integrity of the Republic of
Kenya in order to safeguard the well-being of the people of Kenya;
(b) establishes a free and democratic system of Government that
ensures good governance, constitutionalism, the rule of law, human
rights and gender equity;