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Understanding Kenya Constitution Article 1 on Sovereign Power

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Kenya Constitution continues to lift Kenya high up. Kenya Constitution continues to lift Kenya high up.

The most important Kenya constitution article is: 1. “(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives.” These words establish the Sovereign Power of Kenya in every citizen as an individual and collectively as the people of Kenya.

Understanding, “All sovereign power belongs to the people of Kenya.” 

When Kenya was established as a country 2010 and Kenya people defined as people living in Kenya, we called ourselves, “The people of Kenya.” When the Constitution states all Sovereign Power belongs to the people of Kenya, it establishes the Supreme Power to belong to each individual as, “The People of Kenya,” and then collectively as, “The people of Kenya.”  

Understanding, “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”

The words, “Shall be exercised only in accordance with this constitution,” are very important. This means the Sovereign Power when exercised should be in accordance with the constitution. There are times the exercise will be on individual basis (rights) or collectively (through elected leaders, voting and others.) For example the, “The exercise of Sovereign Power through the democratically elected leaders,” will see persons exercise their individual power to vote in a collective exercise set in the constitution as Second Tuesday of August every fifth year.    

Understanding, (2) The people may exercise their sovereign power either directly 

The exercise of Sovereign Power directly is established every time the Constitution uses the words, “Citizen, Person/s, Worker, Child, association or any word that individualizes someone or something.” The Bill of rights Chapter 4 and especially the 30 rights in articles 26 to 56, constitute the exercise of Sovereign power directly. Voting and running for office is an exercise of Sovereign Power directly as established in right article 38 by an individual. However when exercising one has to exercise the power only in accordance with the constitution.  

Understanding, (2) Exercise of Sovereign Power through their democratically elected representatives.

The exercise of Sovereign Power through democratically elected representatives simply means one person elected from many to represent those many in the constitution office. The constitution creates the representation process through the constitutional offices created and funded through the Constitution. The elected representative’s election process, role and removal from office is stated in Kenya Constitution or from legislation resulting from constitution. 

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