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:
(i) Validating norm: All other laws derive their validity from the constitution.
(ii) 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.
(iii) Organs of government: the constitution creates the principal offices and organs
of government that is, the legislative, executive and the judiciary, office of the Attorney
General, Auditor General, commissioner of police, the electoral commission and
the public service commission.
(iv) Special amendment procedure: under the provision of the constitution a
Bill seeking to amend the constitution must be supported by not less than 65% of all
members excluding the ex-officio members during the second and third readings.
(v) Fundamental rights and freedoms: chapter five of the constitution guaranteesthe
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 Standi to seek judicial redress.
maurice.mutuku answered the question on May 3, 2018 at 06:15
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