Kenya Constitution Course

Chapter 1

Sovereignty of the People and Supremacy of this Constitution

Articles 1–3

Who holds ultimate power? What is the highest law?

In the classroom: Sovereignty belongs to the people. The Constitution is supreme; conflicting laws are void.

Article 1 — Sovereignty of the people

(1)
All sovereign power belongs to the people of Kenya.
(2)–(4)
People exercise power directly or through representatives; executive authority derives from them; referendum powers.

Article 2 — Supremacy of this Constitution

(1)
Supreme law; inconsistent law, including customary law, is void to the extent of the inconsistency.
(5)–(6)
General rules of international law form part of Kenyan law; treaties or conventions ratified by Kenya form part of the law of Kenya under this Constitution.

Article 3 — Defence of this Constitution

Every person must respect, uphold, and defend the Constitution; any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.

Multiple choice — 10 questions

With JavaScript enabled, this page loads ten questions (1–7 on chapter content; 8–10 application-style) from the course script. Think of your answer, then open Correct answer & explanation.

1. Where does sovereign power belong under Article 1(1)?

Correct answer & explanation

Correct: B — Article 1(1) states that all sovereign power belongs to the people of Kenya.

2. If an Act of Parliament conflicts with the Constitution, what is the result under Article 2(1)?

Correct answer & explanation

Correct: B — Article 2(1) establishes supremacy: inconsistent law is void to the extent of the conflict.

3. General rules of international law are:

Correct answer & explanation

Correct: B — Article 2(5) provides that the general rules of international law shall form part of the law of Kenya.

4. Ratified treaties under Article 2(6) are:

Correct answer & explanation

Correct: B — Article 2(6) states that any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

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