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Constitution of Kenya Chapter 2
Declaration of the Republic, Territory of Kenya & Devolution
Civic Scoop
October 26, 2024
Welcome back to the Civic Scoop!
In this issue, you will find...
Have you ever wondered what makes Kenya the country it is today, or how its system of government is structured? Chapter 2 of the Constitution breaks it all down for us. It has Article 4 which tells us that Kenya is a sovereign republic and a multi-party democracy.
It also has Article 5 which defines the boundaries of Kenya’s land and sea territories, making it clear what’s part of the country.
There is also an Article 6 which introduces us to devolution, explaining how power is shared between the national and county governments. They both work together to ensure we all have access to important services.
Yes, these are simple yet powerful section that outlines the core of our national identity and governance.
Let’s dive into these articles and see what they mean for all Kenyans!
Here they are…
Chapter 2: The Republic
Article 4: Declaration of the Republic
(1) Kenya is a sovereign Republic.
(2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.
What Does this Mean?
Article 4(1): Kenya is a Sovereign Republic
This section establishes Kenya as a sovereign republic, meaning that Kenya is an independent country, free from external control, and self-governed.
The people of Kenya have full authority over the country’s affairs, and no foreign power can dictate how Kenya is run.
Sovereignty also ensures that Kenya's decisions, governance, and laws are made within the country, by the people or their elected representatives.
Article 4(2): Kenya is a Multi-Party Democratic State
This section states that Kenya shall be a multi-party democratic state, which means that the political system allows for the existence of multiple political parties.
Citizens have the right to form or join any political party of their choice, and these parties can compete for leadership through free and fair elections.
This ensures that no single political party dominates, allowing the people to have various options and voices in the democratic process.
This Article is founded on National Values and Principles of Governance (Article 10)
This section emphasizes that Kenya’s democracy is based on the national values and principles of governance as outlined in Article 10.
These values include patriotism, the rule of law, democracy, human dignity, social justice, inclusiveness, equality, and protection of human rights, among others.
They mainly guide how the country is governed, ensuring that Kenya’s democracy is fair, just, and representative of all citizens.
Article 5: Territory of Kenya
This article says…
(1). Kenya consists of the territory and territorial waters comprising.
(2). Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament.
What Does this Mean?
1. Kenya consists of the territory and territorial waters comprising...
This section outlines that Kenya’s land and sea territory are defined by its borders, which include not only its landmass but also its territorial waters—the part of the ocean that extends from the coastline and is under Kenya’s jurisdiction.
These waters are considered part of Kenya’s sovereign territory, and the country has control over activities within this region, including fishing, resource extraction, and maritime security.
2. Kenya on the effective date, and any additional territory and territorial waters as defined by an Act of Parliament
This part refers to the effective date, which is the date when the Constitution came into effect on August 27, 2010.
It asserts that Kenya’s territory on that date, along with any future expansions of territory or territorial waters, must be determined by an Act of Parliament.
This ensures that any changes to Kenya’s borders or maritime boundaries are subject to legal processes and approval by the elected representatives of the people.
Article 6: Devolution and Access to Services
This article says…
(1) The territory of Kenya is divided into the counties specified in the First Schedule.
(2) The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.
(3) A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.
What Does this Mean?
Article 6(1): Division into Counties
This section explains that Kenya is divided into counties, which are listed in the First Schedule of the Constitution.
These counties are the units of local governance and are essential to Kenya’s system of devolution, where power is distributed from the central government to local governments.
Article 6(2): Distinct and Inter-dependent Governments
Here, it states that the national government and county governments are both separate and distinct, meaning they operate independently in some areas.
However, they are also inter-dependent, meaning they must work together, consult, and cooperate for effective governance.
Article 6(3): Access to Services Across Kenya
This part emphasizes that national government bodies must ensure that all Kenyans have reasonable access to public services in every part of the country, wherever possible.
The goal is to provide essential services—like healthcare, education, or security—fairly and efficiently, no matter where citizens live.
Quiz Time: Test Your Knowledge!
Article 4: The Declaration of the Republic Quiz
1. What type of state is Kenya according to Article 4(1)?
a) A military state
b) A constitutional monarchy
c) A sovereign republic
d) A federated state
Answer: c) A sovereign republic
2. What type of political system does Kenya have as per Article 4(2)?
a) Single-party democracy
b) Multi-party democratic state
c) Direct democracy
d) Federalist democracy
Answer: b) Multi-party democratic state
Article 5: The Territory of Kenya Quiz
3. Kenya’s territory includes which of the following?
a) Only the landmass of Kenya
b) The landmass and territorial waters
c) Only the landmass and airspace
d) The landmass, territorial waters, and airspace
Answer: b) The landmass and territorial waters
4. How can Kenya’s territory or territorial waters be changed or expanded?
a) By presidential decree
b) By an Act of Parliament
c) By a referendum
d) By a military agreement
Answer: b) By an Act of Parliament
Article 6: Devolution and Access to Services Quiz
5. According to Article 6(1), how is Kenya divided?
a) Into provinces
b) Into counties
c) Into districts
d) Into zones
Answer: b) Into counties
6. What must national government organs ensure according to Article 6(3)?
a) Equal distribution of wealth
b) Free services in urban areas
c) Reasonable access to services across the country
d) Maximum concentration of services in the capital
Answer: c) Reasonable access to services across the country
Quote Worthy
The best way of learning to be an independent sovereign state is to be an independent sovereign state.
Tweet of the Week:
#OccupyStanChart is a call to remind leaders that the Kenyan people will continue resisting injustice and corruption. Your right to protest, shout, and carry placards—even ones reading “#RutoMustGo”—is protected by the Constitution.
Let’s show up on 27th October, 2024, document any harassment, and support each other in unity and peace. Bring your passion for change and be a proud part of this movement to hold leaders accountable!
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.
Want to understand what devolution is? Read it here.
In our next email, we'll understand what are the official languages of Kenya in Article 7 and find out if Kenya has a state religion and our national values and culture in Aricle 8 to 11.
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