Constitution of Kenya Chapter 1: Article 1
The Foundation of Democracy: The Sovereignty of the People of Kenya
Ever wondered who truly holds the power in a nation? Is it the government, the military, or perhaps a select group of elites?
In Kenya, the answer is “The People.”
Yes, this key principle, is stamped in Kenya’s constitution, known as the sovereignty of the people. In the Constitution of Kenya 2010, it is detailed in Chapter 1, Article 1.
Here is what it says…
Chapter 1 Article 1. Sovereignty of the people
(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.
(3) Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution;
(a) Parliament and the legislative assemblies in the county governments;
(b) The national executive and the executive structures in the county governments; and
(c) The Judiciary and independent tribunals.
(4) The sovereign power of the people is exercised at;
(a) the national level; and
(b) the county level.
Understanding Article 1 of the Kenyan Constitution: Sovereignty of the People
Article 1(1): The People Hold the Power
The ultimate authority in Kenya rests with its citizens, not the government or any other institution. (Read that again).
This principle ensures that the government exists to serve the people, not the other way around. That means, the government’s role is to serve its citizens, not control them.
However, the authority of the people is restricted to the guidelines found in the Constitution.
Article 1(2): Exercising Sovereignty
Kenyans can wield their power in two ways:
- Indirect Participation: Citizens can elect representatives like Members of Parliament or County Assembly members to act on their behalf.
- Direct Participation: Examples include referendums or public consultations.
Article 1(3): Delegation of Sovereign Power
The Constitution allows the people to delegate their power to state organs, including:
- Parliament and Legislative Assemblies: Responsible for creating laws.
- The Executive: Includes both national and county leadership, tasked with enforcing laws.
- The Judiciary and Independent Tribunals: Ensure justice and resolve disputes.
Article 1(4): Dual Levels of Government
The people’s authority is exercised at:
- County Level: Governance tailored to specific regions, promoting localized decision-making and inclusivity.
- National Level: Decisions affecting the entire country.
Quiz: Test Your Knowledge!
1. According to Article 1, where does sovereign power originate in Kenya? A. The Government
B. The President
C. The People
D. The Constitution
Correct Answer (C)
2. In what ways can the people of Kenya exercise their sovereign power?
A. Directly only
B. Through elected representatives only
C. Either directly or through elected representatives
D. Not at all
Correct Answer (C)
3. To which State organs is sovereign power delegated under the Constitution?
A. Parliament, the executive, and the judiciary
B. The President, the Cabinet, and the Senate
C. The county governments, the Senate, and the National Assembly
D. The judiciary, the police, and the military
Correct Answer (A)
4. At what levels is sovereign power exercised in Kenya?
A. National level only
B. Both national and county levels
C. County level only
D. Neither national nor county levels
Correct Answer (B)
Did You Know?
Since the promulgation of the 2010 Constitution, there have been NO Amendments made to Article 1 of Chapter 1.
This means that the core principles of the people’s sovereignty and how it is exercised through the three arms of government, (at the national and devolved county levels) continues to be a cornerstone of Kenya’s constitutional order.
Quotable Quote
The best way of learning to be an independent sovereign state is to be an independent sovereign state.
– Kwame Nkrumah
Recommended links to learn more;
- The National Council for the Implementation of the Constitution:https://cohesion.go.ke/
- The Kenya Human Rights Commission:https://khrc.or.ke/
Finally…
Chapter 1, Article 1 of the Constitution of Kenya reflects the nation’s commitment to democracy and citizen empowerment. It emphasizes accountability, inclusivity, and the delegation of power under constitutional guidelines.
Citizens retain ultimate control, ensuring that Kenya remains a government “of the people, by the people, for the people.”
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Thanks for reading! Have a safe week.
The Civic Scoop Team
