- All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
- The people may exercise their sovereign power either directly or through their democratically elected representatives.
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Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution—
- Parliament and the legislative assemblies in the county governments;
- the national executive and the executive structures in the county governments; and
- the Judiciary and independent tribunals.
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The sovereign power of the people is exercised at—
- the national level; and
- the county level.
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.
Multiple Choice — 10 Questions
Questions 1–7 follow Chapter 1; 8–10 are short scenarios. Choose an answer for each question. Use Clue if you want a hint (opens in an overlay). Correct answers and explanations appear only after you have answered all ten and click See results.
1. Where does sovereign power belong under Article 1(1)?
2. If an Act of Parliament conflicts with the Constitution, what is the result under Article 2(1)?
3. General rules of international law are:
4. Ratified treaties under Article 2(6) are:
5. Article 1 says people may exercise sovereign power:
6. General rules of international law under Article 2(5) are:
7. A law or practice inconsistent with the Constitution is:
8. A citizens’ group challenges a national Act in court because it allegedly violates fundamental rights. The court’s power to strike down or limit that Act rests most directly on:
9. A customary rule conflicts with a constitutional right. Applying Article 2, a court will most likely:
10. A student argues that respecting the Constitution is optional if one disagrees with a court decision. Article 3 implies that:
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