Ensuring Effective Enforcement and Interpretation: Key Provisions in CHAPTER SEVENTEEN of the Kenya Constitution, 2010CHAPTER SEVENTEEN—GENERAL PROVISIONS
Overview;In CHAPTER SEVENTEEN of the Kenya Constitution, 2010, the general provisions and enforcement mechanisms are outlined to ensure the effective implementation and interpretation of the constitution. Article 258 focuses on the enforcement of the constitution. It provides that every person has the right to institute court proceedings to enforce the provisions of the constitution. This means that any individual who believes that their rights or the rights of others are being violated can seek legal remedies to protect and uphold the constitution. Article 259 deals with construing the constitution. It states that the constitution shall be interpreted in a manner that promotes its purposes, values, and principles, advances the rule of law, and contributes to good governance. This provision emphasizes the importance of interpreting the constitution in a way that upholds its spirit and intent, rather than relying on strict literal interpretations. Article 260 addresses the interpretation of the constitution. It provides guidance on how certain terms and phrases used in the constitution should be understood. It states that in interpreting the constitution, the courts shall promote the values that underlie an open and democratic society based on human dignity, equality, equity, and freedom. This provision ensures that the courts prioritize the fundamental principles and values of the constitution when interpreting its provisions. Together, these provisions in CHAPTER SEVENTEEN of the Kenya Constitution, 2010 serve as crucial mechanisms for the enforcement and interpretation of the constitution. They empower individuals to seek justice when their constitutional rights are violated and guide the courts in interpreting the constitution in a manner that upholds its fundamental principles. By ensuring the effective enforcement and interpretation of the constitution, these provisions play a vital role in safeguarding the rights and liberties of the Kenyan people. Citation: The Kenya constitution, 2010
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