Kenya - Constitution

The constitution has been amended many times since the republic was formed in December 1964. It provides for the unicameral National Assembly consisting of 210 directly elected members and 12 non-constituency members nominated by the president. The multiparty system was introduced in December 1991.

The president is head of state, head of the cabinet and commander-in-chief of the armed forces, and chooses the vice-president and cabinet from among the members of the National Assembly, and appoints the chief justice, chief commissioner of police and most senior civil servants. The president is directly elected and is limited to two five-year terms. To be elected president, a candidate must receive more votes than any other candidate and not less than 25% of the votes cast in five of the eight provinces, and must simultaneously be elected a member of the National Assembly.

A commission was set up in 2000 to draw up a new constitution, which – following a constitutional court ruling in March 2004 – would be subject to a national referendum. Draft constitutions were discussed at a series of constitutional conferences. The main issues were: which powers and functions were to be transferred from president to a new post of prime minister; creation of a second chamber of parliament; devolution of power to the district level; recognition of faith courts; land reform; and human rights.