Chapter 17

General Provisions

Articles 258–260

Interpretation and enforcement

In the classroom: Any person may petition for constitutional interpretation; the Constitution prevails; definitions in Article 260 clarify terms like ‘State officer’ and ‘court’.

Article 258 — Enforcement of the Constitution

Every person may institute court proceedings claiming contravention of the Constitution.

Article 259 — Construing the Constitution

Interpretation shall promote good governance, rule of law, and human rights.

Article 260 — Interpretation

Definitions of terms used in the Constitution.

Multiple choice — 10 questions

Think of your answer, then open Correct answer & explanation for each question.

1. Any person may institute proceedings for contravention of the Constitution under:

A) Article 258 B) Article 94 C) Article 81 D) Chapter Two

Correct answer & explanation

Correct: A — Article 258 allows any person to institute proceedings for enforcement.

2. Chapter Seventeen covers:

A) General provisions B) Only elections C) Only land D) Only counties

Correct answer & explanation

Correct: A — Chapter Seventeen is titled General Provisions.

3. Definitions such as ‘State officer’ are in:

A) Article 260 B) Article 1 C) Article 43 D) Fourth Schedule

Correct answer & explanation

Correct: A — Article 260 contains definitions.

4. Construing the Constitution should promote:

A) Good governance and rule of law (Article 259) B) Confusion C) Secrecy D) Only tradition

Correct answer & explanation

Correct: A — Article 259 guides interpretation.

5. If a law is ambiguous, courts should prefer:

A) Interpretation consistent with the Constitution B) Always the government C) Foreign law only D) No text

Correct answer & explanation

Correct: A — Article 259 and Article 2 require fidelity to the Constitution.

6. Under Article 259(1), this Constitution shall be interpreted in a manner that promotes:

A) Its purposes, values and principles, and advances the rule of law and rights in the Bill of Rights B) Only the Executive’s policies C) Secrecy in government D) Ignoring the Bill of Rights

Correct answer & explanation

Correct: A — Article 259(1) requires interpretation that promotes the Constitution’s purposes, values and principles, advances rule of law and human rights, permits development of the law, and contributes to good governance.

7. Under Article 258(2), proceedings for enforcement of the Constitution may also be instituted by:

A) Only the Attorney-General B) A person acting in the public interest, among other categories listed in Article 258(2) C) Foreign governments only D) County governors only

Correct answer & explanation

Correct: B — Article 258(2) lists who may institute proceedings, including representatives, groups, public-interest actors, and associations.

8. If there is a conflict between different language versions of this Constitution:

A) The English language version prevails (Article 259(2)) B) The Kiswahili version always prevails C) County assemblies choose D) Neither version applies

Correct answer & explanation

Correct: A — Article 259(2) states that if there is a conflict between language versions, the English language version prevails.

9. Article 258(1) gives every person the right to institute court proceedings claiming that the Constitution has been:

A) Contravened, or is threatened with contravention B) Amended by petition C) Ignored by courts D) Replaced by county law

Correct answer & explanation

Correct: A — Article 258(1) allows proceedings claiming that the Constitution has been contravened, or is threatened with contravention.

10. The Constitution is self-executing to the extent:

A) It creates rights and duties enforceable in court B) It is never enforceable C) Only abroad D) Only for MPs

Correct answer & explanation

Correct: A — Article 258 and the Bill of Rights allow direct enforcement.

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