SUPREMACY OF THE CONSTITUTION

SUPREMACY OF THE CONSTITUTION

Article 2 of the Kenya Constitution 2010 affirms the supremacy of the constitution

2. (1) This Constitution is the supreme law of the Republic and  binds all persons and all State organs at both levels of government..

(2)               No person may claim or exercise State authority except as authorised under this Constitution.

(3)               The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.

(4)               Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.

(5)               The general rules of international law shall form part of the law of Kenya.

(6)               Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.