What is the Kenyan Constitution? A Quick Introduction

The Constitution is the most important document in Kenya’s legal system. It sets out the rules and principles that govern the country, outlining the rights of citizens and the responsibilities of the government.

The Kenyan Constitution is often referred to as the Supreme Law of the Land because all other laws must align with it.

Understanding the Constitution helps you know your rights, how the government is supposed to function, and what you can do if those rights are violated.

Let’s break down what the Constitution of Kenya is and why it matters to you.

The Purpose of the Constitution is to be The Blueprint for Running the Nation

The Constitution of Kenya serves as a blueprint for how the country is run.

It lays out the structure of the government, defines the powers of different branches, and sets limits on those powers to prevent abuse.

It also guarantees the rights and freedoms of all Kenyan citizens, ensuring that everyone is treated fairly and justly.

In other words: Think of the Constitution as the rulebook of how to play a game. In the same way, the Constitution of Kenya explains how the country should be governed and how everyone should be treated.

Real-Life Example: The 2010 Constitution of Kenya introduced significant changes, such as the creation of county governments to ensure more equitable distribution of resources and more local participation in decision-making.

The Role of the Constitution is to Guide Government and Protect Citizens

By this, it means…

• Guide Government: 
  The Constitution outlines the powers of the President, Parliament, and the Judiciary, ensuring that no single branch of government becomes too powerful. It also sets out the process for making and enforcing laws, managing public resources, and conducting elections.

• Protect its Citizens: 
  The Constitution protects citizens from abuse of power by guaranteeing rights like freedom of speech, freedom from discrimination, and the right to a fair trial. If these rights are violated, citizens can seek justice through the courts.

In other words: Think of the Constitution as a security system for your home. It protects you from outside threats (abuse of power) and ensures that everything inside (your rights) is safe and secure.

Real-Life Example: The Constitution of Kenya gives citizens the right to access information held by the government. This has allowed journalists and activists to request information about public spending, helping to expose and fight corruption.

The Structure of the Constitution

The Constitution of Kenya 2010 is divided into the following parts;

• Chapters: The constitution is divided into 18 chapters.

• Articles: It contains a total of 260 articles.

• Preamble: The constitution begins with a preamble that outlines the aspirations and values of the Kenyan people.

• Schedules: There are six schedules at the end of the constitution covering various topics like county boundaries, national symbols, and transitional provisions.

Each of these parts cater to different aspects of governance and rights.

What The 2010 Constitution Introduced In Kenya

Devolution and County Governments
The Constitution established a system of devolved government, creating 47 counties, each with its own government.

This was intended to improve local governance and ensure that resources and services are more accessible to citizens countrywide.

Decentralization of Power
The new structure allowed for the distribution of power between the national and county governments.

This was a shift from a highly centralized system, aiming to promote local participation in governance and decision-making processes.

Bill of Rights
This bill details the fundamental rights and freedoms that every Kenyan is entitled to.

It includes the right to life, freedom of expression, and equality before the law. The Bill of Rights also includes provisions for the protection of these rights.

Checks and Balances
The Constitution of Kenya established a framework of checks and balances among the executive, legislative, and judicial branches of government. This greatly improved democratic governance and accountability.

How the Constitution Affects Your Daily Life

The Constitution affects many aspects of your daily life. It influences how laws are made, how leaders are chosen, and how public services like healthcare and education are provided.

This means…

Laws
All laws in Kenya must align with the Constitution. This means that when new laws are proposed, they are reviewed to ensure they do not violate any constitutional rights.

Elections
The Constitution of Kenya 2010 sets out the rules for elections, ensuring that they are free, fair, and transparent. It also guarantees your right to vote and participate in the democratic process.

Public Services
The Constitution requires the government to provide essential services, such as healthcare, education, and security, to all citizens. It also ensures that resources are distributed fairly across the country.

In other words: Think of the Constitution as a map that guides you through the different aspects of life in Kenya. It shows you your rights and the responsibilities of the government.

Real-Life Example: The Constitution’s requirement for equitable distribution of resources has led to initiatives like the Constituency Development Fund (CDF), which provides funding for local projects such as schools and clinics, directly benefiting communities across Kenya.

Why the Constitution (Should) Matters to You

The Constitution Empowers you as a Citizen.
This constitution gives you the tools to understand your rights, participate in the governance of your country, and hold your leaders accountable.

By knowing what the Constitution of Kenya 2010 says, you are able to make your voice heard lawfully and the government is obligated to act in the best interests of all Kenyans.

In other words: Think of the Constitution of Kenya as a shield. It protects you from injustices and ensures that you have a say in how your country is run.

Real-Life Example: When the government or a public official violates your rights, you can go to court to seek redress. Many Kenyans have used the Constitution to challenge unfair laws, discrimination, and other violations of their rights, so that justice is served.

Finally…

Understanding the Constitution helps you know what to expect from the government and how to stand up for your rights.

By familiarizing yourself with the Constitution, you empower yourself to be an active, informed citizen who can contribute to the betterment of Kenya.

Have You Read the Constitution of Kenya 2010?

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