Article 2(1): This Constitution is the supreme law of the Republic of Kenya and binds all persons and all State organs at both levels of government. Any law that is inconsistent with it is void to the extent of the inconsistency.

All chapters & Articles

Article 1 — Sovereignty of the people

All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.

Frequently interpreted

Article 2 — Supremacy of this Constitution

This Constitution is the supreme law of Kenya and binds all persons and State organs.

Foundational

Article 3 — Defence of this Constitution

Every person has an obligation to respect, uphold and defend this Constitution.

Article 4 — Declaration of the Republic

Kenya is a sovereign Republic. Kenya is a multi-party democratic State founded on the national values and principles of governance.

Article 10 — National values and principles of governance

The national values and principles of governance bind all State organs, State officers, public officers, and all persons whenever any of them applies or interprets any law.

Frequently interpreted

Article 19 — Rights and fundamental freedoms

The rights and fundamental freedoms in the Bill of Rights belong to each individual and are not granted by the State.

Article 24 — Limitation of rights and fundamental freedoms

A right or fundamental freedom in the Bill of Rights shall not be limited except by law and only to the extent that the limitation is reasonable and justifiable in an open and democratic society.

Frequently interpreted

Article 27 — Equality and freedom from discrimination

Every person is equal before the law and has the right to equal protection and equal benefit of the law.

Frequently interpreted Implemented by multiple Acts

Article 40 — Protection of right to property

Every person has the right, either individually or in association with others, to acquire and own property in any part of Kenya.

Land Act, Land Registration Act

Article 41 — Labour relations

Every person has the right to fair labour practices, fair remuneration, and reasonable working conditions.

Employment Act Frequently interpreted

Article 43 — Economic and social rights

Every person has the right to the highest attainable standard of health, accessible housing, and reasonable standards of sanitation.

Frequently interpreted

Article 50 — Fair hearing

Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or another independent and impartial tribunal.

Frequently interpreted

Article 60 — Principles of land policy

Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable.

Land Act, 2012

Article 67 — National Land Commission

There is established the National Land Commission.

Article 159 — Judicial authority

Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.

Article 163 — Supreme Court

There is established the Supreme Court of Kenya, which has exclusive original jurisdiction to hear and determine disputes relating to elections to the office of President.

See court hierarchy

Article 165 — High Court

There is established the High Court, which has unlimited original jurisdiction in criminal and civil matters.

Article 174 — Objects of devolution

The objects of the devolution of government are to promote democratic and accountable exercise of power and to foster national unity.

County Governments Act

Article 14 — Citizenship by birth

A person is a citizen by birth if on the day of the person's birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.

Article 73 — Responsibilities of leadership

Authority assigned to a State officer is a public trust to be exercised in a manner that is consistent with the purposes and objects of this Constitution.

Article 81 — General principles for the electoral system

The electoral system shall comply with the principle of universal suffrage based on the aspiration for fair representation and equality of vote.

Article 93 — Establishment of Parliament

There is established a Parliament of Kenya, which consists of the National Assembly and the Senate.

Article 129 — Principle of executive authority

Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.

Article 201 — Principles of public finance

The following principles shall guide all aspects of public finance in the Republic — openness and accountability, including public participation in financial matters.

Article 232 — Values and principles of public service

The values and principles of public service include high standards of professional ethics, efficient and effective use of resources, and accountability for administrative acts.

Article 238 — Principles of national security

National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms.

Article 249 — Objects, authority and funding of commissions and independent offices

The objects of the commissions and the independent offices are to protect the sovereignty of the people and secure observance by all State organs of democratic values and principles.

Article 255 — Amendment of the Constitution

A proposed amendment to this Constitution shall be enacted in accordance with the procedures prescribed in Article 256 or 257.

Article 259 — Construing this Constitution

This Constitution shall be construed in accordance with the following rules: it is a living instrument that embodies the aspirations of the people of Kenya.

Article 264 — Repeal of previous Constitution

The former Constitution is repealed by this Constitution.