How is the supremacy of the constitution as a source of law manifested?

• The constitution of Kenya is the supreme law of the land and prevails over all other laws. Its supremacy as a source of law is manifested in the following ways:

o Validating norm: All other laws derive their validity from the constitution.

o Proclaims supremacy: Section 3 of the Constitution is emphatic that it is the supreme law and any other law inconsistent with it is void to the extent of the inconsistency.
o Organs of government: the constitution creates the principal offices and organs of government i.e the legislative, executive and the judiciary, office of the Attorney General, Auditor General, commissioner of police, the electoral commission and the public service commission

o Special amendment procedure: under the provision of the constitution a Bill seeking to amend the constitution must be supported not less than 65% of all members excluding the ex-officio members during the second and third readings.

o Fundamental rights and freedoms: chapter five of the constitution guarantees the fundamental rights and freedoms of the individual. Under section 84 (1) of the constitution a person whose right or freedom has been, is being or likely to be violated has Locus Stand i to seek judicial redress.



(Visited 733 times, 1 visits today)
Share this on:

Leave a Reply

Your email address will not be published. Required fields are marked *