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• Patrick Mwangi Kinyua v Republic [2020] eKLR Case Summary
  

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• Article 22 - Enforcement of Bill of Rights.
  

  22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is...

• Article 23 - Authority of courts to uphold and enforce the Bill of Rights.
  

  23. (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or...

• Article 24 - Limitation of rights and fundamental freedoms.
  

  24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and...

• Article 25 - Fundamental Rights and freedoms that may not be limited.
  

  25. Despite any other provision in this Constitution, the following rights andfundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or...

• Article 26 - Right to life.
  

  26. (1) Every person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except to the extentauthorised by this...

• Article 27 - Equality and freedom from discrimination.
  

  (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and...

• Article 28 - Human dignity.
  

  Every person has inherent dignity and the right to have that dignity respected and protected.

• Article 29 - Freedom and security of the person.
  

  Freedom and security of the person. 29. Every person has the right to freedom and security of the person, whichincludes the right not to be— (a) deprived of freedom arbitrarily or without just...

• Article 30 - Slavery, servitude and forced labour.
  

  30. (1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.

• Article 31 - Privacy.
  

  31. Every person has the right to privacy, which includes the right not to have—(a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or...

• Article 32 - Freedom of conscience, religion, belief and opinion.
  

  (1) Every person has the right to freedom of conscience, religion, thought,belief and opinion. (2) Every person has the right, either individually or in community with others,in public or in...

• Article 33 - Freedom of expression.
  

  (1) Every person has the right to freedom of expression, which includes— (a) freedom to seek, receive or impart information or ideas; (b) freedom of artistic creativity; and (c) academic freedom...

• Article 34 - Freedom of the media.
  

  (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2). (2) The State shall not— (a) exercise...

• Article 35 - Access to information.
  

  (1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental...

• Article 36 - Freedom of association.
  

  (1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. (2) A person shall not be compelled...

• Article 37 - Assembly, demonstration, picketing and petition.
  

  Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

• Article 38 - Political rights.
  

  38. (1) Every citizen is free to make political choices, which includes the right—(a) to form, or participate in forming, a political party; (b) to participate in the activities of, or recruit...

• Article 39 - Freedom of movement and residence.
  

  (1) Every person has the right to freedom of movement. (2) Every person has the right to leave Kenya. (3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.

• Article 40 - Protection of right to property.
  

  (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and in any part of...

• Article 41 - Labour relations.
  

  (1) Every person has the right to fair labour practices. (2) Every worker has the right—(a) to fair remuneration; (b) to reasonable working conditions; (c) to form, join or participate in the...

• Article 42 - Environment.
  

  Every person has the right to a clean and healthy environment, whichincludes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and...

• Article 43 - Economic and social rights.
  

  (1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and...

• Article 44 - Language and culture.
  

  (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice. (2) A person belonging to a cultural or linguistic community has the right,...

• Article 45 - Family.
  

  (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State. (2) Every adult has the right to...

• Article 46 - Consumer rights.
  

  (1) Consumers have the right— (a) to goods and services of reasonable quality; (b) to the information necessary for them to gain full benefit from goods and services; (c) to the protection of...

• Article 47 - Fair administrative action.
  

  (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. (2) If a right or fundamental freedom of a person has been or is...

• Article 48 - Access to justice.
  

  The State shall ensure access to justice for all persons and, if any fee isrequired, it shall be reasonable and shall not impede access to justice. Rights of arrested persons.

• Article 49 - Rights of arrested persons.
  

  (1) An arrested person has the right— (a) to be informed promptly, in a language that the person understands, of— (i) the reason for the arrest; (ii) the right to remain silent; and (iii) the...

• Article 50 - Fair hearing.
  

  (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and...

• Article 51 - Rights of persons detained, held in custody or imprisoned.
  

  (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a...

• Article 52 - Interpretation of this Part.
  

  (1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons. (2) This Part shall not be construed...

• Article 53 - Children.
  

  (1) Every child has the right— (a) to a name and nationality from birth; (b) to free and compulsory basic education; (c) to basic nutrition, shelter and health care; (d) to be protected from...

• Article 54 - Persons with disabilities.
  

  (1) A person with any disability is entitled— (a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning; (b) to access educational...

• Article 55 - Youth.
  

  The State shall take measures, including affirmative action programmes, toensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and...

• Article 56 - Minorities and marginalised groups.
  

  The State shall put in place affirmative action programmes designed toensure that minorities and marginalised groups— (a) participate and are represented in governance and other spheres of life; (b)...

• Article 57 - Older members of society.
  

  The State shall take measures to ensure the rights of older persons—(a) to fully participate in the affairs of society; (b) to pursue their personal development; (c) to live in dignity and respect...

• Article 58 - State of emergency.
  

  (1) A state of emergency may be declared only under Article 132 (4) (d) andonly when— (a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public...

• Article 59 - Kenya National Human Rights and Equality Commission.
  

  (1) There is established the Kenya National Human Rights and Equality Commission. (2) The functions of the Commission are— (a) to promote respect for human rights and develop a culture of human...

• Article 60 - Principles of land policy.
  

  (1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles— (a) equitable access to...

• Article 61 - Classification of land.
  

  (1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals. (2) Land in Kenya is classified as public, community or private.

• Article 62 - Public land.
  

  (1) Public land is— (a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date; (b) land lawfully held, used or occupied...

• Article 63 - Community land.
  

  1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. (2) Community land consists of— (a) land lawfully...

• Article 64 - Private land.
  

  Private land consists of — (a) registered land held by any person under any freehold tenure; (b) land held by any person under leasehold tenure; and (c) any other land declared private land under...

• Article 65 - Landholding by non-citizens.
  

  (1) A person who is not a citizen may hold land on the basis of leaseholdtenure only, and any such lease, however granted, shall not exceed ninety-nine years. (2) If a provision of any agreement,...

• Article 66 - Regulation of land use and property.
  

  (1) The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use...

• Article 67 - National Land Commission.
  

  (1) There is established the National Land Commission. (2) The functions of the National Land Commission are— (a) to manage public land on behalf of the national and county governments; (b) to...

• Article 68 - Legislation on land.
  

  Parliament shall— (a) revise, consolidate and rationalise existing land laws; (b) revise sectoral land use laws in accordance with the principles set out in Article 60(1); and (c) enact...

• Article 69 - Obligations in respect of the environment.
  

  (1) The State shall— (a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing...

• Article 70 - Enforcement of environmental rights.
  

  (1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened,...

• Article 71 - Agreements relating to natural resources.
  

  (1) A transaction is subject to ratification by Parliament if it— (a) involves the grant of a right or concession by or on behalf of any person, including the national government, to another person...