2. Supremacy of this Constitution
Official Constitutional Text
2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
(2) No person may claim or exercise State authority except as authorised under this Constitution.
(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
(5) The general rules of international law shall form part of the law of Kenya.
(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This is one of the most important articles in the Constitution.
It means that the Constitution is the highest law in Kenya — above any other law, including Acts of Parliament, county laws, or customary law.
Key points:
- No person or government body can act outside what the Constitution allows.
- No one can challenge the validity of the Constitution itself in court.
- Any law that contradicts the Constitution is automatically invalid.
- Kenya automatically accepts generally accepted rules of international law.
Related Information
- Relevant to: Sovereignty of the People, Supremacy of Constitution