Sovereignty of the people refers to power by which the state is governed, where the people surrender to the state the right to govern therefore making the government an agent of the people. Article 1 of the constitution of Kenya states that, “all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the constitution. The people may exercise their sovereign power either directly or through their democratically elected representatives. Sovereign power under this constitution is delegated to state organs which shall perform their functions in accordance with the constitution.

Traditionally Constitutions were thought of as the documents which set out the framework and functions of various organs of government and defined the manner in which these organs were to operate. By defining the manner in which these organs operate Constitutions also play a significant role of coordinating the relationship between them.