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CONSTITUTIONAL INTERPRETATION

Introduction

Constitutional interpretation is the process by which meanings are assigned to words


in a constitution, to enable legal decisions to be made that are justified by it. Courts
usually apply various methods when interpreting a legal text. Some of these methods
are: textual, historical, functional, doctrinal, prudential, equitable and natural.

Chapter seventeen of the constitution of Kenya 2010, in Art, 259, it is provided that,
the constitution shall be interpreted in a manner that:

1. Promotes its purpose, values and principles.


2. Advances the rule of law, and the human rights and fundamental freedoms in
the Bill of Rights.
3. Permits the development of law, and
4. Contributes to good governance.

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