The Constitution and national values
An overview of Kenya's constitutional framework, the core principles of governance, and the shared values that shape civic life.
Introduction to the Constitution
The Constitution of Kenya was promulgated on 27 August 2010. It is the supreme law of the Republic and binds all state organs, public officers, and citizens.
The Constitution:
- sets up the framework for how Kenya is governed
- protects fundamental rights through a comprehensive Bill of Rights
- divides authority between the national government and 47 county governments
- establishes the values that hold the nation together
Read the full Constitution of Kenya 2010 on this website.
National values and principles of governance
Article 10 of the Constitution lists the national values that bind all state organs, state officers, public entities, and citizens whenever they apply or interpret the law, or make public policy decisions.
Patriotism and national unity
Encourages devotion to the development, security and cultural heritage of Kenya. It prioritises shared nationhood over individual or ethnic interests.
Sharing and devolution of power
Prevents the concentration of absolute authority in one central body. Power and resources are shared across the 47 county governments.
The rule of law
Every person, regardless of rank or status, is equal before the law. No one is above the law.
Democracy and participation of the people
Governance must be carried out through democratically elected representatives and open public participation.
Human dignity, equity and social justice
All public systems must protect the inherent worth of every person, ensure fair distribution of resources, and remove barriers that disadvantage marginalised communities.
Equality
Every person is equal before the law and has the right to equal protection and benefit of the law, including full and equal enjoyment of all rights and fundamental freedoms.
Protection of the marginalised
The interests of minority and marginalised groups must be protected and given special attention in national development.
Good governance, integrity, transparency and accountability
Public administration must be transparent, free from corruption, and answerable to the public.
Sustainable development
Development must meet the needs of the present without compromising the ability of future generations to meet their own needs.
National identity and diversity
The Constitution recognises Kenya's cultural diversity as the foundation of its national identity. It balances a single, shared citizenship with deep respect for different ethnic traditions and languages.
Explore related topics:
- National symbols — the flag, Coat of Arms, anthem, motto and pledge
- Languages — Kiswahili as the national language, alongside English and indigenous languages
- Communities — population data on Kenya's ethnic communities
- Religion and faith — Kenya's diverse religious traditions
Structure of government
The Constitution divides state authority into three independent branches, plus a devolved tier of government:
- The Executive — the President, Deputy President and Cabinet. Executes national laws and state policy.
- The Legislature — the National Assembly and Senate. Makes laws and oversees public spending.
- The Judiciary — the courts, headed by the Chief Justice. Independent and has exclusive authority to interpret the law.
- Devolved government — 47 County Governments, each with a County Executive (headed by a Governor) and a County Assembly.
See the full government directory for a complete list of all state institutions.
Fundamental rights and freedoms
Chapter 4 of the Constitution contains a comprehensive Bill of Rights. It protects individual liberties and group rights. Key rights include:
- Equality and freedom from discrimination — equal treatment before the law regardless of race, sex, religion, ethnicity or social origin
- Right to life — life begins at conception
- Human dignity — every person has inherent dignity and the right to have that dignity respected
- Freedom of expression and media — includes freedom to seek, receive and impart information
- Freedom of religion and conscience — no state religion; every person may worship freely
- Freedom of assembly and association — the right to gather peacefully and form organisations
- Political rights — the right to vote, stand for election and participate in political processes
- Economic and social rights — the right to health care, clean water, adequate housing, food, social security and education
- Environmental rights — the right to a clean and healthy environment
- Consumer rights — the right to goods and services of reasonable quality
- Protection for specific groups — tailored protections for children, youth, persons with disabilities, older members of society and minority communities
Read the full Bill of Rights (Chapter 4).
Civic responsibilities
A strong democracy depends on active civic participation. Key duties of Kenyan citizens include:
- Respecting the Constitution — upholding, defending and obeying the law
- Paying taxes — contributing national and county taxes to fund public services
- Democratic participation — registering to vote and taking part in elections and referendums
- Respecting others — tolerating diverse opinions and protecting the freedoms of fellow citizens
- Protecting the environment — cooperating with conservation efforts to preserve natural resources for future generations
- Reporting corruption — reporting abuse of power and misuse of public resources
Public participation
Public participation is a constitutional requirement. All law-making and public policy processes must include opportunities for citizens to contribute.
Government ministries, parliamentary committees and county executives are required to:
- give timely notice of proposed laws and policies
- hold public forums and consultations
- consider public views before making decisions
Citizens can take part through:
- Town hall meetings — attending county budget forums to influence local development priorities
- Written submissions — sending memoranda to Parliament on pending bills
- Citizen petitions — lodging formal petitions to Parliament to request investigations into public service delivery
- Public hearings — giving oral evidence at committee hearings
Devolution
Devolution divides government functions between the National Government and 47 County Governments. Its main goal is to bring services closer to the people and ensure fair distribution of resources.
National government responsibilities include foreign policy, national defence, the judicial system, immigration, and economic planning.
County government responsibilities include agriculture, county health facilities, pre-primary education, local transport, and waste management.
Explore the 47 county governments.
Constitutional commissions and independent offices
Chapter 15 of the Constitution establishes independent commissions and offices. These bodies are free from executive control and are designed to safeguard democracy, protect human rights and ensure financial accountability.
Constitutional commissions
Multi-member bodies established under Article 248(2).
- Independent Electoral and Boundaries Commission (IEBC) — conducts elections and manages voter registration
- Ethics and Anti-Corruption Commission (EACC) — fights corruption and promotes integrity in public office
- Commission on Revenue Allocation (CRA) — recommends how national revenue is shared between national and county governments
- Salaries and Remuneration Commission (SRC) — sets and reviews pay for all public officers
- Kenya National Commission on Human Rights (KNCHR) — promotes and protects human rights
- National Gender and Equality Commission (NGEC) — promotes gender equality and inclusion for marginalised groups
- Commission on Administrative Justice (CAJ) — the Ombudsman; handles complaints of unfair treatment by government
- National Land Commission (NLC) — manages public land and resolves land disputes
- Public Service Commission (PSC) — recruits and manages public servants
- Teachers Service Commission (TSC) — manages teachers in public schools
- Parliamentary Service Commission — manages the administration of Parliament
- Judicial Service Commission (JSC) — recommends judicial appointments and manages the Judiciary
- National Police Service Commission (NPSC) — recruits, promotes and disciplines police officers
Independent offices
Single-holder offices established under Article 248(3).
- Office of the Auditor-General — audits all government accounts and reports to Parliament
- Office of the Controller of Budget — approves withdrawals from public funds
See the full list of constitutional commissions and independent bodies.
Amending the Constitution
The Constitution can be amended in two ways:
- Parliamentary process — under Article 256, amendments to non-sovereign provisions require approval by both Houses of Parliament
- Popular initiative — under Article 257, citizens can propose amendments through a petition signed by at least 2 million registered voters, followed by approval in a national referendum
Amendments to certain key provisions (such as the supremacy of the Constitution, the territory of Kenya, and the Bill of Rights) can only be made through a referendum, as set out in Article 255.
Constitutional history
Kenya's legal framework has evolved through three major constitutional phases:
| Year | Milestone |
|---|---|
| 15 December 1963 | Independence Constitution — drafted at the Lancaster House Conferences. It established a regional (majimbo) system of government that was later centralised. |
| 1964 to 2008 | Centralisation and reform era — a long series of amendments changed the system of government. Kenya returned to multi-party democracy in 1991, and growing demands for reform eventually led to calls for a new constitution. |
| 27 August 2010 | The current Constitution — approved by 67% of voters in a national referendum. It introduced devolution, a modern Bill of Rights, separation of powers and the national values in Article 10. |
Published: 22 May 2026 • Last updated: 2 July 2026
This information is regularly reviewed to ensure accuracy.