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 Form 2 History and Government Lessons: Constitution and Constitution Making

Why Kenya’s new constitution is regarded as supreme.

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Answer Text:
Why Kenya’s new constitution is regarded as supreme.
a) The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
b) No person may claim or exercise State authority except as authorized under the Constitution.
c) The validity or legality of the Constitution is not subject to challenge by or before any court or other State organ.
d) Any law, including customary law that is inconsistent with the Constitution is void to the extent of the inconsistency, and any act or omission in contravention of the Constitution is invalid.
e) The general rules of international law shall form part of the law of Kenya.
f) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.


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