Kenya’s 2010 Constitution is the supreme law of the land. It defines how government works and protects your rights and freedoms. Every Kenyan should understand the basics of this important document.
What is a Constitution?
A constitution is the highest law in a country. It:
- Establishes the government structure
- Defines how leaders are elected
- Lists citizens’ rights and freedoms
- Sets limits on government power
- Provides mechanisms for changing itself
In Kenya, no law or action by any person or government can violate the Constitution.
Kenya’s Constitutional Journey
Kenya has had three constitutions:
Independence Constitution (1963)
When Kenya gained independence, it adopted a constitution based on negotiations with the British. This constitution provided for a federal system (majimbo) but was soon changed.
1969 Constitution
Kenya became a republic in 1964 and revised the constitution in 1969. This constitution concentrated power in the presidency and was amended many times, often to benefit those in power.
2010 Constitution
After years of advocacy and the 2007-2008 post-election violence, Kenyans voted for a new constitution in 2010. This constitution decentralizes power, strengthens human rights, and makes government more accountable.
Bill of Rights
Chapter Four of the Constitution is the Bill of Rights. It guarantees fundamental rights and freedoms to every person in Kenya.
Right to Life
Every person has the right to life. The state must protect this right. Capital punishment (death penalty) exists in law but has not been implemented since 1987, and courts have declared mandatory death sentences unconstitutional.
Freedom and Security
You have the right to freedom and security, which includes freedom from:
- Torture or cruel treatment
- Arbitrary arrest or detention
- Slavery and forced labor
Police cannot arrest you without reason or hold you for more than 24 hours without charging you in court.
Freedom of Expression
You have the right to freedom of expression, including:
- Freedom to seek and share information
- Freedom of the press and media
- Academic freedom
- Artistic freedom
This right has limits. You cannot use it to incite violence, spread hate speech, or advocate war.
Right to Privacy
Your privacy is protected, including:
- Privacy of your home
- Privacy of communications
- Privacy of personal information
The government cannot search your property or monitor your communications without legal authority.
Freedom of Religion
You have the right to practice any religion or no religion at all. The state and religion are separate in Kenya. No religious group should impose its beliefs through law.
Right to Education
Every child has the right to free and compulsory basic education. The government provides free primary and subsidized secondary education. You also have the right to reasonable access to tertiary education.
Right to Health
You have the right to the highest attainable standard of health, including reproductive healthcare. The government must provide healthcare services and ensure access to emergency medical treatment.
Right to Property
You have the right to own property anywhere in Kenya. The government can only take your property for public purposes and must compensate you fairly.
Economic and Social Rights
The Constitution also protects economic and social rights:
Right to Housing
You have the right to accessible and adequate housing. The government must work progressively to realize this right.
Right to Clean Environment
You have the right to a clean and healthy environment. This includes the right to have the environment protected for current and future generations.
Right to Food
You have the right to adequate food of acceptable quality. The government must ensure food security in Kenya.
Consumer Rights
You have rights as a consumer, including the right to:
- Information about goods and services
- Protection from dangerous products
- Compensation for defective products
Special Group Rights
The Constitution gives special attention to certain groups:
Children’s Rights
Children have special rights including protection from abuse, neglect, and exploitation. The best interests of the child must be the primary consideration in all matters affecting children.
Youth Rights
Youth have the right to access employment and participate in political, social, and economic activities.
Women’s Rights
Women have equal rights with men in all aspects of life. The Constitution requires that not more than two-thirds of any elected or appointed body should be of the same gender.
Persons with Disabilities
Persons with disabilities have the right to be treated with dignity and respect, and to access materials, devices, and technologies that enable their full participation in society.
Government Structure
The Constitution establishes Kenya’s government structure:
National Government
The national government has three arms:
- Executive: President, Deputy President, Cabinet Secretaries
- Legislature: National Assembly and Senate
- Judiciary: Courts, led by the Supreme Court
These three arms are independent and check each other’s power.
County Government
Kenya has 47 county governments, each with a Governor, Deputy Governor, and County Assembly. Counties handle local services like healthcare, water, and county roads.
Leadership and Integrity
Chapter Six of the Constitution sets high standards for public officers:
- No person with integrity issues should hold public office
- Public officers must be accountable
- Leaders must serve the public, not themselves
- Public resources must be used responsibly
This chapter is the basis for fighting corruption and ensuring ethical leadership.
How to Enforce Your Rights
If someone violates your constitutional rights, you can:
Go to Court
You can file a case in the High Court for constitutional matters. You do not need a lawyer to file a case involving fundamental rights.
Use Constitutional Commissions
Independent commissions like the Kenya National Commission on Human Rights can help you enforce your rights.
Seek Legal Aid
Organizations like the National Legal Aid Service provide free legal help to those who cannot afford lawyers.
Changing the Constitution
The Constitution can only be changed through specific procedures:
Parliamentary Initiative
Parliament can propose amendments, but certain provisions (like the Bill of Rights) require a referendum.
Popular Initiative
Citizens can collect one million signatures to propose constitutional changes. These proposals go to Parliament and may require a referendum.
Referendum
Major constitutional changes must be approved by voters in a referendum.
Your Responsibilities
With rights come responsibilities. As a Kenyan citizen, you must:
- Obey the law
- Pay taxes
- Defend the Constitution
- Respect others’ rights
- Participate in democratic processes
Why Understanding the Constitution Matters
Knowing your constitutional rights empowers you to:
- Demand better services from government
- Challenge violations of your rights
- Participate meaningfully in democracy
- Hold leaders accountable
- Understand your role in nation-building
The Constitution is not just a legal document for lawyers and politicians. It is your document, protecting your rights and defining your relationship with the state.
You can download a free copy of Kenya’s Constitution from the Kenya Law website or buy a printed copy from bookstores. Every Kenyan should read it and understand it.
The Constitution is the foundation of Kenya’s democracy. Understanding it helps you exercise your rights, fulfill your responsibilities, and contribute to building the Kenya we all want.