The Constitution of Kenya Chapter 1 Article 2
The Constitution: The Supreme Law of the Land
Ever wondered what the most important law in Kenya is? Is it a law passed by Parliament, a directive from the President, or perhaps an international treaty?
In Kenya, the most important law is The Constitution.
Yes, the Constitution of Kenya is supreme over all other laws and decisions.
In the Constitution of Kenya 2010, this concept is laid out clearly in Chapter 1, Article 2.
Here is what it says…
Chapter1 Article 2: 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.
What Does This Mean?
Article 2(1): The Constitution is the Supreme Law
This means that the Constitution is the highest and most important law in Kenya. No other laws, decisions, or actions by anyone—including government officials—can override what the Constitution says. Every Kenyan, every institution, and every law must follow the Constitution.
Article 2(2): No Person or Institution is Above the Constitution
This section makes it clear that no person, no matter how powerful, and no institution, no matter how important, is above the Constitution. Whether it’s the President, Parliament, or even the courts, everyone must obey the Constitution and respect its rules.
This reinforces equality before the law and ensures that power is exercised only within the limits of the Constitution.
Article 2(3): Invalidity of Inconsistent Laws
Any law, action, or decision that conflicts with the Constitution is considered invalid. For example, if Parliament passes a law that contradicts or is inconsistent with the Constitution, that law has no legal effect. The Constitution acts as the final authority.
Article 2(4): No Immunity for Unconstitutional Acts
This section ensures that no one can justify unconstitutional actions. Any act or decision that violates the Constitution is illegal, even if it had prior approval from a public officer or another authority. In simpler terms, you can’t use bad laws or official permission as an excuse to break the Constitution.
Article 2(5): Application of International Law
International laws that Kenya has agreed to automatically become part of Kenya’s legal framework. General rules of international law, such as those addressing human rights or environmental protection, apply without additional legislation.
Article 2(6): Binding Nature of International Treaties
Similar to Article 2(5), this article emphasizes that treaties or agreements Kenya signs with other countries are part of Kenya’s legal system. Once Kenya agrees to a treaty, it has to follow it just like any other law within the country.
Quiz Time: Test Your Knowledge!
1. What does Article 2(1) of the Constitution of Kenya state?
- a) The President is the most powerful authority.
- b) The Constitution is the supreme law of the land.
- c) Parliament has the final say in all matters.
- d) The judiciary has the highest power in the country.
Correct Answer: (B)
2. According to Article 2(2), who is above the Constitution?
- a) The President
- b) Parliament
- c) The Judiciary
- d) No one
Correct Answer: (D)
3. What happens to a law that contradicts the Constitution as per Article 2(3)?
- a) It must be amended immediately.
- b) It remains valid until the next election.
- c) It is declared invalid.
- d) It can only be changed by a referendum.
Correct Answer: (C)
4. How does Article 2(5) of the Constitution treat international law in Kenya?
- a) International law is considered inferior to Kenyan law.
- b) International law automatically becomes part of Kenyan law.
- c) International law needs special approval to be enforced.
- d) International law is optional for Kenya to follow.
Correct Answer: (B)
Did You Know?
There have been no amendments (changes) made to Article 2 of Chapter 2, which addresses the Supremacy of the Constitution in Kenya since its promulgation in 2010.
This means that the core principles of the Supremacy of the Constitution 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
Our Constitution is not just a legal document; It is a commitment to uphold human rights and dignity for all citizens. It is our duty to protect its supremacy.
– Thabo Mbeki
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 2 of the Constitution of Kenya cements the Constitution as the cornerstone of the nation’s legal system. It ensures that governance operates within constitutional boundaries and integrates international law into Kenya’s legal framework.
This article is not just about laws; it’s about upholding justice, accountability, and Kenya’s place in the global community.
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Have a safe week and thanks for reading!
The Civic Scoop Team
