Harmonised Draft of the Constitution of Kenya

PREAMBLE
We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of all creation:
HONOURING those who heroically struggled to bring freedom and justice to our land:
PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:
RESPECTFUL of the natural environment that is our heritage, and determined to sustain it for the benefit of future generations:
COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:
RECOGNIZING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:
ADOPT, enact, and give to ourselves and to our future generations, this Constitution.
GOD BLESS KENYA

CHAPTER ONE

SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THE CONSTITUTION
Sovereignty of the people
1. (1) All sovereign power belongs to the people of Kenya and may be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.

(3) Authority 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 devolved governments;
(b) the national executive and the executive structures in the devolved governments;
(c) the judiciary and other independent tribunals; and
(d) the constitutional commissions, independent offices and other State offices.

Supremacy of the Constitution
2. (1) This Constitution is the supreme law of the Republic and binds all State organs at all levels of government and all persons.
(2) No person may claim or exercise State authority except as authorised by or 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) A person, or a group of persons, may bring an action in the appropriate court for a declaration that any law, act or omission is inconsistent with, or is in contravention of, this Constitution.
(6) If a court makes a declaration under clause (5), it may also make any order necessary to give effect to the declaration.

Defence of the Constitution
3. (1) Every person has an obligation to respect, uphold and defend this Constitution.
(2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

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