Constitution of Kenya, 2010
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THE CONSTITUTION OF KENYA
CHAPTER ONE––SOVEREIGNTY OF THE PEOPLE AND
SUPREMACY OF THIS CONSTITUTION
1. (1) All sovereign power belongs to the people of Kenya and Sovereignty of the
shall be exercised only in accordance with this Constitution.
people.
(2) The people may exercise their sovereign power either directly
or through their democratically elected representatives.
(3) Sovereign power under this Constitution is delegated to
the following State organs, which shall perform their functions in
accordance with this Constitution––
(a) Parliament and the legislative assemblies in the county
governments;
(b) the national executive and the executive structures in the
county governments; and
(c) the Judiciary and independent tribunals.
(4) The sovereign power of the people is exercised at––
(a) the national level; and
(b) the county level.
2. (1) This Constitution is the supreme law of the Republic and
Supremacy of this
binds all persons and all State organs at both levels of government.
Constitution.
(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.