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The Constitution of Kenya Chapter 1 Article 2
The Constitution: The Supreme Law of the Land
Civic Scoop
October 02, 2024
Welcome back to the Civic Scoop!
In this issue, you will find...
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 it is...
Chapter 1 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. It reinforces equality before the law.
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 the Constitution, that law has no legal effect. The Constitution acts as the final authority on what is valid or invalid in the legal system.
Article 2(4): No Immunity for Unconstitutional Acts
This article clarifies that no one can defend an illegal act by saying that it was approved by the law or a public officer if it goes against the Constitution of Kenya 2010. 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
This section explains that international law, especially those treaties and agreements that Kenya is a part of, automatically becomes part of Kenyan law without the need for special legislation. As long as Kenya has agreed to it, international law has the same force as domestic law.
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.
Answer: b) The Constitution is the supreme law of the land.
2. According to Article 2(2), who is above the Constitution?
a) The President
b) Parliament
c) The Judiciary
d) No one
Answer: d) No one
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.
Answer: c) It is declared invalid.
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.
Answer: b) International law automatically becomes part of Kenyan law.
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.
Quote Worthy
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.
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, remember that the supremacy of the Constitution means that no law, individual, or institution is above it and all laws and actions must align with the highest principles set forth in this Constitution of Kenya.
In our next email, we'll dive into the Article 3 of Chapter 1, which describes the Defence 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