The Supreme Law of the Republic of Kenya: Be in the Know

A Constitution is a reference document for any given democratic state. It is like a Bible or Quran that guides a nation on every matter that pertains the running of a nation.

Kenya promulgated a new Constitution in 2010. This was after a long battle of trying to have a new supreme law. Some people lost lives because of it.

According to Article 2 (1) of the Constitution of Kenya, the Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. What this implies is that there is no other law in Kenya that is above the Constitution and in the event of any other law, the Constitution takes precedence.

Article 2 (2) of the Constitution of Kenya states, no person may claim or exercise State authority except as authorized under this constitution and that (3) the validity or legality of this Constitution is not subject to challenge by or before any court or another State organ. (4) Any law, including the 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.

There has been a talk of some parts of the country considering secession. Is secession provided in the Constitution of Kenya? First and foremost, Article 3 (1) of the Constitution clearly states that every person has an obligation to respect, uphold and defend this Constitution. About establishing another government, 3 (2) says that any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

In Article 1, however, the Constitution talks about the Sovereignty of the people of Kenya and that this sovereignty can be exercised either directly or indirectly through their democratically elected leaders.