For teachers, clubs and groups

Teach the Constitution

A lesson card for every chapter: what it is about, the articles to read, two questions with answers and one question to discuss. Print the page, or open a chapter in class.

1

Chapter One

Sovereignty of the People and Supremacy of this Constitution

Power belongs to the people of Kenya, and this Constitution is the supreme law.

Read: Article 1, Article 2, Article 3

  1. Who does all sovereign power belong to?Answer: The people of Kenya (Article 1(1))
  2. What is the supreme law of Kenya?Answer: The Constitution (Article 2(1))

Discuss: What would change in your community if everyone knew this chapter?

2

Chapter Two

The Republic

Kenya as a republic: its territory, languages, symbols, national values and devolved government.

Read: Article 4, Article 5, Article 6, Article 7 ยท all 8 articles

  1. What is the national language of Kenya?Answer: Kiswahili (Article 7(1))
  2. What are the official languages of Kenya?Answer: Kiswahili and English (Article 7(2))

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

3

Chapter Three

Citizenship

Who is a Kenyan citizen, how citizenship is gained and when it can be lost.

Read: Article 12, Article 13, Article 14, Article 15 ยท all 7 articles

  1. A person is a citizen by birth if, on the day they were bornโ€ฆAnswer: Either their mother or father was a citizen (Article 14(1))
  2. If a citizen by birth takes another country's citizenship, theyโ€ฆAnswer: Keep their Kenyan citizenship (Article 16)

Discuss: Which part of this chapter matters most where you live? Give one example.

4

Chapter Four

The Bill of Rights

The rights and freedoms every person has, and how they are protected.

Read: Article 19, Article 20, Article 21, Article 22 ยท all 41 articles

  1. How does the Constitution say you cast your vote?Answer: By secret ballot (Article 38(3))
  2. What kind of basic education does every child have a right to?Answer: Free and compulsory (Article 53(1))

Discuss: What would change in your community if everyone knew this chapter?

5

Chapter Five

Land and Environment

Land ownership and use, and protecting the environment and natural resources.

Read: Article 60, Article 61, Article 62, Article 63 ยท all 13 articles

  1. How does the Constitution classify land in Kenya?Answer: Public, community or private (Article 61(2))
  2. A person who is not a citizen can hold land in Kenyaโ€ฆAnswer: On leasehold of up to 99 years (Article 65(1))

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

6

Chapter Six

Leadership and Integrity

The standards every State officer must meet.

Read: Article 73, Article 74, Article 75, Article 76 ยท all 8 articles

  1. What does the Constitution say about State officers and foreign bank accounts?Answer: They may not keep one except as an Act of Parliament allows (Article 76(2))

Discuss: Which part of this chapter matters most where you live? Give one example.

7

Chapter Seven

Representation of the People

How you vote: the electoral system, voter registration, the IEBC and political parties.

Read: Article 81, Article 82, Article 83, Article 84 ยท all 12 articles

  1. Who can register as a voter?Answer: An adult citizen (18+) (Article 83(1))
  2. How long do you have to file a petition about any election other than the presidential one?Answer: 28 days (Article 87(2))

Discuss: What would change in your community if everyone knew this chapter?

8

Chapter Eight

The Legislature

The National Assembly and the Senate: who sits in them and what they do.

Read: Article 93, Article 94, Article 95, Article 96 ยท all 36 articles

  1. When is a general election held?Answer: The second Tuesday in August, every fifth year (Article 101(1))
  2. How many county women members sit in the National Assembly?Answer: 47 (Article 97(1))

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

9

Chapter Nine

The Executive

The President, Deputy President and Cabinet, and how they are elected or appointed.

Read: Article 129, Article 130, Article 131, Article 132 ยท all 30 articles

  1. How many terms can one person serve as President?Answer: Two (Article 142(2))
  2. Who elects the President?Answer: Registered voters, in a national election (Article 136(1))

Discuss: Which part of this chapter matters most where you live? Give one example.

10

Chapter Ten

Judiciary

The courts, the judges and how justice is administered.

Read: Article 159, Article 160, Article 161, Article 162 ยท all 15 articles

  1. How is the Chief Justice appointed?Answer: By the President, on the JSC's recommendation and with National Assembly approval (Article 166(1))
  2. How many judges sit on the Supreme Court in total?Answer: 7 (Article 163(1))

Discuss: What would change in your community if everyone knew this chapter?

11

Chapter Eleven

Devolved Government

The 47 counties, their governors and county assemblies.

Read: Article 174, Article 175, Article 176, Article 177 ยท all 27 articles

  1. To run for governor, a person must be eligible for election asโ€ฆAnswer: A member of the county assembly (Article 180(2))
  2. What two parts make up each county government?Answer: A county assembly and a county executive (Article 176(1))

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

12

Chapter Twelve

Public Finance

How public money is raised, shared and spent.

Read: Article 201, Article 202, Article 203, Article 204 ยท all 31 articles

  1. Counties' equitable share must be not less than what share of revenue raised nationally?Answer: 15% (Article 203(2))
  2. How much of national revenue goes into the Equalisation Fund each year?Answer: 0.5% (Article 204(1))

Discuss: Which part of this chapter matters most where you live? Give one example.

13

Chapter Thirteen

The Public Service

The public service and the values that guide it.

Read: Article 232, Article 233, Article 234, Article 235 ยท all 6 articles

Discuss: What would change in your community if everyone knew this chapter?

14

Chapter Fourteen

National Security

The defence forces, the intelligence service and the police.

Read: Article 238, Article 239, Article 240, Article 241 ยท all 10 articles

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

15

Chapter Fifteen

Commissions and Independent Offices

Independent commissions and offices that hold power to account.

Read: Article 248, Article 249, Article 250, Article 251 ยท all 7 articles

  1. Which of these is a constitutional commission under Chapter Fifteen?Answer: The IEBC (Article 248(2))

Discuss: Which part of this chapter matters most where you live? Give one example.

16

Chapter Sixteen

Amendment of this Constitution

How this Constitution can be amended, by Parliament or by the people.

Read: Article 255, Article 256, Article 257

  1. A popular initiative to amend the Constitution needs signatures from at leastโ€ฆAnswer: One million registered voters (Article 257(1))
  2. A Bill to amend the Constitution cannot be called for second reading until how long after first reading?Answer: 90 days (Article 256(1))

Discuss: What would change in your community if everyone knew this chapter?

17

Chapter Seventeen

General Provisions

General provisions and the meaning of words used in this Constitution.

Read: Article 258, Article 259, Article 260

  1. In the Constitution, an "adult" is a person who is at leastโ€ฆAnswer: 18 years old (Article 260)

Discuss: Who is responsible for making this chapter real, and how can citizens hold them to it?

18

Chapter Eighteen

Transitional and Consequential Provisions

Moving from the old Constitution to this one.

Read: Article 261, Article 262, Article 263, Article 264

Discuss: Which part of this chapter matters most where you live? Give one example.