Structure of the Constitution

Big Picture

The Constitution begins with a Preamble, then moves through 18 chapters, 264 articles, and ends with 6 schedules.

What each of these is

Preamble

The opening statement of the Constitution. It explains why the people adopted this text and the values they intend it to serve—such as freedom, justice, unity, diversity, democracy, social justice, care for the environment, and the rule of law. It sets the tone for reading everything that follows; it is not numbered like an article, but courts and interpreters use it to understand the spirit of the law.

Chapters

The main thematic divisions of the Constitution. Each chapter groups related articles on one subject (for example, the Bill of Rights or the Legislature). There are 18 chapters in Kenya’s 2010 Constitution, so you can move from big themes (sovereignty, rights, institutions) to the detail inside each article.

Articles

The numbered provisions that carry the actual rules of the Constitution. An article may be one paragraph or many sub-rules (often labelled (1), (2), and so on). Kenya’s Constitution runs from Article 1 to Article 264 in a single sequence; chapters simply tell you which articles belong together by topic.

Schedules

Supplementary parts at the end of the Constitution that hold lists, tables, oaths, timelines, and transitional arrangements—detail that supports the articles without repeating them in full. The six schedules are part of the Constitution and have the same legal force as the articles (for example, county boundaries, national symbols, oaths, division of functions, legislative timelines, and transition rules).

Chapters and Articles

The articles run continuously from Article 1 to Article 264. Each chapter groups articles by subject.

• Chapter 1 (Articles 1–3) — sovereignty, supremacy, and defence of the Constitution.
• Chapter 2 (Articles 4–11) — the Republic, territory, devolution, languages, religion, symbols, values, and culture.
• Chapter 3 (Articles 12–18) — citizenship.
• Chapter 4 (Articles 19–59) — the Bill of Rights.
• Chapter 5 (Articles 60–72) — land and environment.
• Chapter 6 (Articles 73–80) — leadership and integrity.
• Chapter 7 (Articles 81–92) — representation of the people.
• Chapter 8 (Articles 93–128) — the Legislature.
• Chapter 9 (Articles 129–158) — the Executive.
• Chapter 10 (Articles 159–173) — the Judiciary.
• Chapter 11 (Articles 174–200) — devolved government.
• Chapter 12 (Articles 201–231) — public finance.
• Chapter 13 (Articles 232–237) — the public service.
• Chapter 14 (Articles 238–247) — national security.
• Chapter 15 (Articles 248–254) — commissions and independent offices.
• Chapter 16 (Articles 255–257) — amendment of the Constitution.
• Chapter 17 (Articles 258–260) — general provisions.
• Chapter 18 (Articles 261–264) — transitional and consequential provisions.

The Schedules

The Schedules are part of the Constitution itself. They carry important detail that supports the main chapters.

• First Schedule — counties.
• Second Schedule — national symbols.
• Third Schedule — national oaths and affirmations.
• Fourth Schedule — distribution of functions between national and county governments.
• Fifth Schedule — legislation to be enacted by Parliament.
• Sixth Schedule — transitional and consequential provisions.

Core Themes

• Sovereignty belongs to the people.
• The Constitution is supreme.
• Rights are enforceable in court.
• Devolution is central to governance.
• Leadership is a public trust.
• Public money must be accountable.
• Independent institutions check abuse of power.
• Amendment is possible, but some parts are specially protected.