Understanding the Territory of Kenya: A Closer Look at the Kenya Constitution
The territory of Kenya is defined in the Constitution of Kenya, 2010. According to Article 5, Kenya consists of the territory and territorial waters that existed on the effective date of the Constitution, as well as any additional territory and territorial waters defined by an Act of Parliament. This means that the boundaries of Kenya are determined by law and may be subject to change if Parliament decides to modify them .
It is worth noting that the territorial waters of Kenya are also included within its territory. Territorial waters refer to the area of the sea that extends up to 12 nautical miles from the baseline of a coastal state. These waters are considered part of the country's sovereign territory and are subject to its jurisdiction and control .
The inclusion of territorial waters within the territory of Kenya is significant for various reasons. It allows the country to exercise control over the resources within these waters, such as fishing and mineral exploration. It also grants Kenya the authority to enforce laws and regulations in this maritime zone, ensuring the protection of its interests and security .
The delineation of the territory of Kenya is crucial for administrative and governance purposes. It establishes the legal framework within which the national and county governments operate. Additionally, the division of the territory into counties, as specified in the First Schedule of the Constitution, facilitates devolution and the provision of services to different regions of the country .
In conclusion, the Constitution of Kenya clearly outlines the territory of the country, encompassing both the land and territorial waters. The boundaries of Kenya are determined by law, and any changes require the enactment of an Act of Parliament. Understanding the territorial framework is essential for effective governance, devolution, and the protection of national interests.
 Constitution of Kenya, 2010, Chapter Two, Article 5
 Constitution of Kenya, 2010, Chapter Two, Article 5; Chapter Eleven, Article 260
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