Constitution of Kenya Chapter 1 Article 3
Protecting the Cornerstone: The Defense of the Constitution
Have you ever wondered who is responsible for protecting Kenya’s most important legal document—the Constitution? Is it only the duty of the government, or does every citizen play a role?
In Kenya, the responsibility falls on all of us.
Article 3 of the Constitution makes it clear that defending the Constitution is not just for leaders—it’s a duty for every Kenyan, it’s a collective duty.
Here is what it says…
Chapter 1 Article 3.
(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.
Understanding Chapter 1, Article 3 of the Kenyan Constitution
Article 3(1): Obligation to Defend the Constitution
This section makes it the duty of every Kenyan citizen to uphold and defend the Constitution. It means that all Kenyans—whether a government official, an ordinary citizen, or a member of the armed forces, are responsible for ensuring the Constitution is respected.
Article 3(2): Consequences of Attempting to Establish a Government Contrary to the Constitution
This clause makes it illegal to attempt to establish a government outside the boundaries of the Constitution. Actions such as coups or other unlawful methods of taking power are invalid and considered unacceptable under Kenyan law.
Key Takeaways:
- Attempts to establish authority outside the Constitution will not be tolerated because they undermine democracy.
- The Constitution is clear: any government must be formed according to its rules and principles.
Quiz Time: Test Your Knowledge!
1. Who is responsible for defending the Constitution according to Article 3(1)?
- a) The President
- b) Parliament
- c) Every Kenyan citizen
- d) The Judiciary
Correct Answer: (C)
2. What is the main duty of Kenyan citizens under Article 3(1)?
- a) To pay taxes regularly
- b) To uphold and defend the Constitution
- c) To follow government orders without question
- d) To participate in elections
Correct Answer: (B)
3. What happens if someone tries to establish a government contrary to the Constitution, as stated in Article 3(2)?
- a) It is considered a valid government if supported by the military.
- b) It is allowed if Parliament approves it.
- c) It is deemed illegal and invalid.
- d) It requires a public vote to confirm.
Correct Answer: (C)
4. Article 3(2) applies to attempts to form a government in what manner?
- a) By following the election laws of the Constitution
- b) Through unconstitutional means
- c) By appointment of the Judiciary
- d) Through public consensus only
Correct Answer: (B)
Did You Know?
There have been no amendments made to Chapter 1, Article 3 of the Constitution of Kenya, 2010.
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
Democracy is not a spectator sport. You either participate or let others decide your future.
-Eleanor Roosevelt
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 3 of the Constitution of Kenya is a powerful reminder that protecting democracy and upholding the rule of law is a shared responsibility. It ensures that the Constitution remains Kenya’s guiding principle and protects the nation from unconstitutional actions.
As Kenyans, our duty is clear: respect, uphold, and defend the Constitution for the rights and freedoms of current and future generations.
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Have a safe week and thanks for reading!
The Civic Scoop Team
