BENEFITS AND GAINS DERIVED FROM THE NEW (2010) CONSTITUTION IN COMPARISON TO THE OLD CONSTITUTION.

The Constitution of Kenya was promulgated on 27 August 2010 after a period of more than twenty years in the making. The 2010 Constitution of Kenya marks the outcome of an arduous journey, necessitated by a constitutional development history that began during the pre-colonial period. Several issues have been a recurring theme, having found expression in the Independence Constitution; they underwent modifications during the ensuing years through amendments, resulting in dissatisfaction that eventually led to the demand for constitutional reform, culminating in the 2010 Constitution.

Fundamental Principles of the Constitution. The 2010 Constitution of Kenya commences with a statement of the sovereignty of the people and the supremacy of the Constitution as some of the fundamental principles of the Constitution. In relation to identifying the source of all political power as the people of Kenya, the 2010 Constitution improves on the previous Constitution, which was silent as to the role of the people of Kenya in the constitution.

In the 2010 Constitution, national values and principles of governance have been enshrined in Article 10. Although the previous Constitution incorporated values and principles, they were not explicitly stated as such but could be discerned from the provisions. Thus, values such as equity, equality, and non-discrimination can be identified in the Bill of Rights, while principles of governance such as democracy, human rights, and the rule of law are evident in other provisions. Nevertheless, the explicit articulation of values and principles of governance such as patriotism, national unity, sharing and devolution of power, participation of the people, human dignity, social justice, inclusiveness, good governance, integrity, transparency,