Constitution of Kenya Chapter 1: Article 1

Welcome back to the Civic Scoop!

In this issue, you will find...

• Chapter 1 Article 1. Sovereignty of the people

• Understanding Article 1 of the Kenyan Constitution …

  • Article 1(1): The People Hold the Power

  • Article 1(2): People Exercise Power Directly or Th …

  • Article 1(3): Delegation of Sovereign Power

  • Article 1(4): Levels of Government

  • Quiz Time: Test Your Knowledge!

• Did You Know?

• Quote Worthy

• Tweet of the Week:

• Recommended links to learn more;

• Finally…

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 it is…

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.
This principle ensures that the government exists to serve the people, not the other way around. However, the authority of the people is restricted to the guidelines found in the Constitution.

Article 1(2): People Exercise Power Directly or Through Representatives

The people have options in how they participate in government. They can exercise their power directly (e.g., through referendums) or indirectly through elected representatives (e.g., members of parliament).

Article 1(3): Delegation of Sovereign Power

The people have delegated their power to specific state organs (government institutions) to carry out their functions. These organs include:

• Parliament and county assemblies

• The national and county executives

• The Judiciary and independent tribunals

  The government is therefore responsible for carrying out the will of the people, but it must do so within the limits set by the constitution.

Article 1(4): Levels of Government

The people's power is exercised both at the national level (for the entire country) and at the county level (for specific regions).

Quiz Time: 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

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

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

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

Check Your Answers here;
(1). C (2). C (3). A (4). 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.

Quote Worthy

Tweet of the Week:

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…

As we wrap up this issue of Civic Scoop, let us always remember that our nation's strength lies in the unity of its people and their unwavering commitment to the principles enshrined in this Constitution.

Did You Miss to read the Preamble of the Constitution?
Read it here.

In our next email, we'll decode the Article 2 of Chapter 1, which describes the Supremecy of this Constitution.

Till then, connect with us on Twitter(X) for further discussions about governance of Kenya.

Have a safe week and thanks for reading!

The Civic Scoop Team