Constitution of Kenya Chapter 1 Article 3

Welcome back to the Civic Scoop!

In this issue, you will find...

• Chapter 1 Article 3.

• What Does this Mean?

• Quiz Time: Test Your Knowledge!

• Did You Know?

• Quote Worthy

• Tweet of the Week

• Recommended links to learn more;

• Finally…

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 safeguards our rights, freedoms, and the future of our nation.

Here it is…

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.

What Does this Mean?

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, regardless of their position, must protect the Constitution from being violated or undermined.

Whether you are an ordinary citizen, a government official, or part of the armed forces, you are responsible for ensuring the Constitution is respected.

Article 3(2): Consequences of Attempting to Establish a Government Contrary to the Constitution

This section states that any attempt to establish a government that goes against the Constitution is illegal. If someone tries to take power or form a government in a way that breaks the rules of the Constitution—like through a coup or any other unconstitutional means—this act is considered invalid and unacceptable under Kenyan law.

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

Answer: c) Every Kenyan citizen

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

Answer: b) To uphold and defend the Constitution

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.

Answer: c) It is deemed illegal and invalid.

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

Answer: b) Through unconstitutional means

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.

Quote Worthy

Tweet of the Week

Activists are facing unimaginable suffering, yet they continue to fight for a just and equitable society. It's a stark reminder of the importance of protecting our Constitution, which guarantees these fundamental rights. Let's stand united against injustice and uphold the rule of law.

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 we the people, are responsible for protecting the Constitution of Kenya.

In our next email, we'll share the details of Chapter 2, which describes The Republic.

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