These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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CHAPTER ONE—SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTIONChapter One of the Constitution of Kenya, titled "Sovereignty of the People and Supremacy of this Constitution," addresses the fundamental principles that form the basis of the Kenyan governance system.
It begins by emphasizing the sovereignty of the people, highlighting the ultimate power and authority of the citizens in decision-making and shaping the nation's destiny. The chapter then asserts the supremacy of the Constitution itself, emphasizing that all laws and actions must conform to its provisions. This ensures that the Constitution serves as the highest legal authority in the country, guiding and governing all aspects of governance and society. Additionally, the chapter emphasizes the importance of defending and protecting the Constitution, highlighting the collective responsibility to safeguard its integrity and principles against any threats or attempts to undermine it. Defence of the Constitution: Upholding the Law of Kenya3. Defence of this Constitution. (1) Every person has an obligation to respect, uphold and defend this Constitution. (2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful. EXPLAINEDThe Constitution of Kenya imposes a duty on every person to respect, uphold, and defend the constitution. This means that individuals have an obligation to honor and support the provisions of the constitution in their actions and behaviors.
Respecting the constitution involves recognizing and acknowledging the principles, rights, and values enshrined within it. Upholding the constitution means ensuring that its provisions are followed and implemented in both personal and public life. Defending the constitution requires actively protecting and safeguarding its integrity and ensuring that it is not violated or undermined. Furthermore, the constitution explicitly states that any attempt to establish a government that does not comply with the provisions of the constitution is unlawful. This means that any effort to form a government or exercise authority in a manner that goes against the principles and requirements set forth in the constitution is considered illegal and invalid. This provision serves as a safeguard against unconstitutional actions and ensures that the government is established and operates within the framework of the constitution. It reinforces the idea that the constitution is the supreme law of the land and must be respected and followed by all. In conclusion, the constitution of Kenya mandates that every person has a responsibility to respect, uphold, and defend the constitution. This includes abiding by its provisions and ensuring that any attempt to establish a government contrary to the constitution is considered unlawful. This provision plays a crucial role in safeguarding the constitution and maintaining the rule of law in the country. Supremacy of the Constitution: The Highest Law of Kenya2. Supremacy of this Constitution. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. (2) No person may claim or exercise State authority except as authorised under this Constitution. (3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ. (4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid. (5) The general rules of international law shall form part of the law of Kenya. (6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. EXPLAINED:The Constitution of Kenya establishes the supremacy of the constitution itself and its binding nature on all individuals and state organs within the Republic. The constitution serves as the highest law of the land and must be respected and adhered to by all.
According to the constitution, no person can claim or exercise state authority unless they are authorized to do so under the provisions of the constitution. This ensures that all exercise of power is legitimate and in line with the constitutional framework. Furthermore, the validity and legality of the constitution itself cannot be challenged in any court or state organ. This means that the constitution is considered to be above any other laws or regulations and cannot be overridden or questioned by any other legal authority. If any law, including customary law, is found to be inconsistent with the constitution, it is deemed void to the extent of the inconsistency. This means that any law that contradicts the provisions of the constitution is rendered invalid and unenforceable. In addition to the domestic laws, the constitution also recognizes the general rules of international law as part of the law of Kenya. This means that international legal principles and obligations that Kenya has agreed to are considered binding and enforceable within the country. Any treaty or convention that Kenya has ratified also becomes part of the law of Kenya under the constitution. This ensures that international agreements and obligations entered into by Kenya are given legal effect and must be upheld. In summary, the Constitution of Kenya establishes its supremacy and binding nature on all individuals and state organs. No one can claim or exercise state authority unless authorized by the constitution. The validity and legality of the constitution cannot be challenged, and any law inconsistent with the constitution is void. International law and ratified treaties also form part of the law of Kenya. This ensures that the constitution is the ultimate legal framework that governs the country. Sovereignty of the peopleSovereignty of the people.
Explained:The concept of sovereignty of the people is a fundamental principle in the Constitution of Kenya. According to the constitution, all sovereign power belongs to the people of Kenya, and it can only be exercised in accordance with the provisions outlined in the constitution.
The people have the right to exercise their sovereign power either directly or through their democratically elected representatives. This means that the citizens of Kenya have the ultimate authority in making decisions that affect the country and its governance. To ensure the effective exercise of this sovereign power, the constitution delegates the authority to certain state organs. These state organs include Parliament and the legislative assemblies in the county governments, the national executive and the executive structures in the county governments, as well as the Judiciary and independent tribunals. Parliament, both at the national level and in county governments, is responsible for making laws and representing the interests of the people. The national executive, along with the executive structures in county governments, is responsible for implementing and executing laws and policies that serve the best interests of the people. The Judiciary and independent tribunals play a crucial role in upholding the rule of law and ensuring that the rights of the people are protected. They provide a mechanism for resolving disputes and ensuring justice is served. The exercise of the sovereign power of the people occurs at both the national and county levels. This means that the people have the right to participate in decision-making processes and governance not only at the national level but also at the county level. This decentralized approach allows for greater citizen involvement and ensures that the diverse needs and interests of different regions are taken into account. In summary, the sovereignty of the people in Kenya means that all ultimate power resides with the citizens. They can exercise this power directly or through their elected representatives. The constitution delegates this sovereign power to specific state organs, including Parliament, the national executive, the Judiciary, and independent tribunals. The people exercise their sovereignty at both the national and county levels, ensuring a decentralized approach to governance. |
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