Organization of the Kenya Constitution 2010
1. Preamble: Outlines the aspirations and values of the Kenyan people.
2. Chapter 1 - Sovereignty of the People and Supremacy of the Constitution
o Establishes the people as the sovereign authority and affirms the supremacy of the
Constitution.
3. Chapter 2 - The Republic
o Declares Kenya as a sovereign, multi-party, democratic state.
4. Chapter 3 - Citizenship
o Defines citizenship acquisition, rights, and obligations.
5. Chapter 4 - The Bill of Rights
o Enshrines fundamental rights and freedoms.
6. Chapter 5 - Land and Environment
o Addresses land ownership, management, and environmental sustainability.
7. Chapter 6 - Leadership and Integrity
o Provides ethical standards for public officers.
8. Chapter 7 - Representation of the People
o Covers the electoral system and representation.
9. Chapter 8 - The Legislature
o Establishes the bicameral Parliament (Senate and National Assembly) and their
powers.
10. Chapter 9 - The Executive
Defines the roles of the President, Deputy President, and other executive offices.
11. Chapter 10 - The Judiciary
Outlines the structure and functions of the judiciary, including judicial independence.
12. Chapter 11 - Devolved Government
Establishes county governments for local governance.
13. Chapter 12 - Public Finance
Regulates public financial management, taxation, and revenue allocation.
14. Chapter 13 - Public Service
Covers the organization and principles of public service.
15. Chapter 14 - National Security
Defines the national security framework and agencies.
16. Chapter 15 - Commissions and Independent Offices
Establishes constitutional commissions and independent offices.
17. Chapter 16 - Amendment of the Constitution
Outlines the procedures for constitutional amendments.
18. Chapter 17 - General Provisions
Miscellaneous provisions.
19. Schedules: Provide additional details on the Constitution’s implementation and specific
guidelines, such as boundaries of counties and transitional arrangements.
Rights and Freedoms in the Kenya Constitution 2010 That Enhance Trade and Commerce
The Bill of Rights (Chapter 4) is particularly significant for trade and commerce as it protects
individual freedoms and promotes an enabling business environment. Below are key rights
relevant to trade and commerce:
1. Equality and Freedom from Discrimination (Article 27)
o Guarantees equal opportunities for all individuals in business and trade without
discrimination.
2. Freedom of Expression (Article 33)
o Supports the right to advertise and share commercial information.
3. Freedom of Association (Article 36)
o Allows individuals to form trade associations, unions, and business organizations.
4. Right to Property (Article 40)
o Protects the ownership of private property, a critical aspect of commerce and
investment.
5. Economic and Social Rights (Article 43)
o Includes the right to fair labor practices and access to economic resources, which
are vital for sustainable trade.
6. Access to Information (Article 35)
o Enables businesses to access necessary information for informed decision-
making.
7. Consumer Rights (Article 46)
o Protects consumers by promoting fair trade practices, ensuring quality goods and
services.
8. Right to Fair Administrative Action (Article 47)
o Guarantees fair and efficient government processes in trade licensing, taxation,
and other regulatory matters.
9. Freedom of Movement and Residence (Article 39)
o Facilitates mobility for traders and businesspersons across regions.
10. Environmental Rights (Article 42)
o Promotes sustainable business practices by ensuring a clean and healthy
environment.
