We the people: A discourse into the concept of the people’s sovereign power as anchored in the Constitution of Kenya
by admin on | 2026-10-06 07:19:47
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1. Abstract
The Constitution of Kenya, 2010 as often referenced is not just a governance contract; rather, it is a mirror reflecting the social, political and cultural history of the Republic of Kenya and her People. Further, the Constitution is a legal charter; It is the ground norm; the Supreme law of the land that supersedes any other law, person or institution in Kenya. Other than being the Supreme law, it also represents the aspirations and the way of life for the people of Kenya and most definitely a break from the past thus; ushering in a new culture of obedience to the rule of law and constitutionalism. Central to this is the essential place of the people. The Constitution of Kenya, 2010 unlike the Colonial Constitution and the Independence document recognizes the people of Kenya as the “true sovereign” distinct from those with the custody of instruments of power. In essence it stipulates that every office, persons or institution in any leadership role draws their power from and serves as trustees of the people of Kenya. The Constitution in very certain terms specifies that sovereign power may be exercised directly by the people or through delegation to elected representatives. This article therefore focuses on instances where the people of Kenya may directly exercise their sovereign power, if only to enforce the idea of the “true sovereign”. While these “direct exercise of sovereignty rights” may appear plain and simple, elements of power play as well as ghosts from historical past makes the practice of the said rights a conundrum. Therefore, these deserve a deeper reflection as the Constitutional provision on the sovereign power of the people is distilled. The article structurally discusses the concept of sovereignty, the history of sovereignty, theoretical understanding of the concept of sovereignty and these instances of direct application of people’s sovereignty within the Constitution of Kenya,2010.
2. Introduction
The term “sovereignty” is often discussed as an evolutionary concept. This is because like many other legal concepts, it does not have a definite meaning and more so, it has also acquired a number of elements...
