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• Omar Khamis Mwamnwadzi & 2 others v. The Inspector General of Police & The Hon. Attorney General (2015) eKLR
  
• Moses Lukale Sande & another v Attorney General [2020] eKLR
  

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• 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...

• Article 72 - Legislation relating to the environment.
  

  Parliament shall enact legislation to give full effect to the provisions of thisPart.

• Article 73 - Responsibilities of leadership.
  

  (1) Authority assigned to a State officer— (a) is a public trust to be exercised in a manner that— (i) is consistent with the purposes and objects of this Constitution; (ii) demonstrates respect...

• Article 74 - Oath of office of State officers.
  

  Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe to the oath or affirmation of office, in the manner and form...

• Article 75 - Conduct of State officers.
  

  (1) A State officer shall behave, whether in public and official life, in privatelife, or in association with other persons, in a manner that avoids— (a) any conflict between personal interests and...

• Article 76 - Financial probity of State officers.
  

  (1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament. (2)...

• Article 77 - Restriction on activities of State officers.
  

  (1) A full-time State officer shall not participate in any other gainful employment. (2) Any appointed State officer shall not hold office in a political party. (3) A retired State officer who is...

• Article 78 - Citizenship and leadership.
  

  (1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya. (2) A State officer or a member of the defence forces shall not hold...

• Article 79 - Legislation to establish the ethics and anti-corruption commission.
  

  Parliament shall enact legislation to establish an independent ethics andanti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes...

• Article 80 - Legislation on leadership.
  

  Parliament shall enact legislation— (a) establishing procedures and mechanisms for the effective administration of this Chapter; (b) prescribing the penalties, in addition to the penalties referred...

• Article 81 - General principles for the electoral system.
  

  The electoral system shall comply with the following principles—(a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective...

• Article 82 - Legislation on elections.
  

  (1) Parliament shall enact legislation to provide for— (a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly...

• Article 83 - Registration as a voter.
  

  (1) A person qualifies for registration as a voter at elections or referenda if the person— (a) is an adult citizen; (b) is not declared to be of unsound mind; and (c) has not been convicted of an...

• Article 84 - Candidates for election and political parties to comply with code of conduct.
  

  In every election, all candidates and all political parties shall complywith the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

• Article 85 - Eligibility to stand as an independent candidate.
  

  Any person is eligible to stand as an independent candidate for election ifthe person— (a) is not a member of a registered political party and has not been a member for at least three months...

• Article 86 - Voting.
  

  At every election, the Independent Electoral and Boundaries Commissionshall ensure that— (a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and...