Chapter One Article 1 and 2 give all sovereign power of the nation to the people of Kenya and supremacy of the constitution respectively.
No person may claim state or exercise authority except as authorised in the Constitution. The Constitution creates institutions of governance and all positions must issue and flow from there.
The Executive is delineated under Chapter nine. Specifically Article 129 under principle and structure of executive. It recognises executive into offices specifically provided. Which is President, deputy and cabinet.
Other employments will be created under Public service in the structure set out under the Constitution. Such structure must embody the spirit of the Constitution under two forms.
The 2010 constitution is reformist of the erstwhile constitution specifically on abolishing of delegated executive state powers through the presidential system. Secondly, that which is not included in law is deemed to be excluded.
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As such county commissioners were excluded in the delineation of state functions. If the intention was to include them, nothing would have been easier to say so expressly in the constitution.
