The 2010 Constitution of Kenya opens with a powerful declaration in Article 1: all sovereign power belongs to the people of Kenya. This isn't just a symbolic statement. It's the bedrock principle that organizes the entire state. The people are the ultimate source of authority.

This power is exercised in two distinct ways. The first is direct exercise, where citizens participate in governance without intermediaries. Think of public participation in county budgeting, voting in a referendum, or recalling an underperforming representative. These actions are the people's power in its most raw form.

This delegation is not a permanent transfer. These institutions hold power in trust for the people and are accountable to them. Article 1 establishes a clear chain of command: from the people to their representatives, not the other way around. This structure is designed to ensure that the government remains a servant of the people, not its master.

If the people's power is the engine of the state, Article 2 of the Constitution is its unshakeable chassis. It establishes the Constitution as the supreme law of the Republic. No person can claim or exercise state authority except as authorized under this Constitution.

What does supremacy mean in practice? It means any other law that is inconsistent with the Constitution is void to the extent of the inconsistency. An Act of Parliament, a county by-law, or even a long-standing customary law must yield if it clashes with the Constitution. The Constitution is the ultimate yardstick against which all other laws are measured.

This principle also extends to international law. Article 2(5) states that the general rules of international law shall form part of the law of Kenya. Article 2(6) adds that any treaty or convention ratified by Kenya also becomes part of its laws. But they don't supersede the Constitution. If a provision in an international treaty conflicts with a constitutional right, the Constitution prevails within Kenya's borders. The Supreme Court has affirmed this position, ensuring that Kenya's domestic legal framework retains its sovereignty.

The Preamble to the Constitution is more than an eloquent introduction. It is the soul of the document, outlining the aspirations, values, and historical context that gave birth to it. It speaks of a people proud of their ethnic, cultural, and religious diversity, and committed to nurturing a government based on the essential values of human rights, equality, freedom, democracy, social justice, and the rule of law.

Kenyan courts have increasingly used the Preamble as a primary tool for interpretation. When the text of an article is ambiguous or needs to be understood in a broader context, judges turn to the Preamble to discern the Constitution's overarching purpose. It acts as a compass, guiding judicial reasoning toward decisions that reflect the spirit and intent of the document.

For instance, in cases concerning public participation or the protection of marginalized communities, the judiciary has referenced the Preamble's commitment to social justice and democracy to give weight to their rulings. It ensures that the law is not just read as a set of rules, but as a framework for achieving a more just and equitable society for all Kenyans.