, NAIROBI, Kenya Aug 27 – Promulgation by His Excellency the Honourable 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, TWENTY TEN, – in accordance with the provisions of section 47 A of the Constitution of Kenya and Part FIVE 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–
1. Accommodated the diversity of the Kenyan people, including socio-economic status, race, ethnic, 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;
2. provided the people of Kenya an opportunity to actively, freely and meaningfully participate in generating and debating proposals to alter the Constitution;
3. 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,
1. guarantees peace, national unity and integrity of the Republic of Kenya in order to safeguard the well-being of the people of Kenya;
2. establishes a free and democratic system of Government that ensures good governance, constitutional order, the rule of law, human rights and gender equity;
3. recognizes and demarcates divisions of responsibility among the various state organs, including the executive, the legislature and the judiciary, so as to create checks and balances between them and to ensure accountability of the Government and its officers to the people of Kenya;
4. promotes the peoples’ participation in the governance of the country through democratic, free and fair elections and the devolution and exercise of power and further ensures the full participation of people in management of public affairs;
5. respects the pride of the people of Kenya in their ethnic, cultural and religious diversity, and their determination to live in peace and unity as one indivisible sovereign nation;
6. ensures the provision of basic needs of all Kenyans through the establishment of an equitable frame-work for economic growth and equitable access to national resources;
7. strengthens national integration and unity and commits Kenyans to peaceful resolution of national issues through dialogue and consensus;
NOW THEREFORE, in exercise of the powers conferred on me by section 47A (6) of the Constitution of Kenya and section 43A of the Constitution of Kenya Review Act, 2008,
I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, declare that the Constitution set out in the Schedule shall be the new Constitution of Kenya with effect from the 27th August, 2010.