The Constitution Of Kenya in Kenya

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  • Article 32 of The Constitution of Kenya: 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 private, to manifest any religion or belief through worship, practice, teaching or observance, including...


  • Article 33 of The Constitution of Kenya: 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 and freedom of scientific research. (2) The right to freedom of expression does not extend...


  • Article 34 of The Constitution of Kenya: 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 control over or interfere with any person engaged in broadcasting, the production or circulation of...


  • Article 35 of The Constitution of Kenya: 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 freedom. (2) Every person has the right to the correction or deletion of untrue or misleading...


  • Article 36 of The Constitution of Kenya: 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 to join an association of any kind. (3) Any legislation that requires registration of an association...


  • Article 37 of The Constitution of Kenya: 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 of The Constitution of Kenya: 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 members for, a political party; or (c) to campaign for a political party or cause. (2) Every citizen...


  • Article 39 of The Constitution of Kenya: 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 of The Constitution of Kenya: 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 Kenya. (2) Parliament shall not enact a law that permits the State or any person— (a) to arbitrarily deprive a person...


  • Article 41 of The Constitution of Kenya: 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 activities and programmes of a trade union; and (d) to go on strike. (3) Every employer has the...


  • Article 42 of The Constitution of Kenya: 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 other measures, particularly those contemplated in Article 69; and (b) to have obligations...


  • Article 43 of The Constitution of Kenya: 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 adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have...


  • Article 44 of The Constitution of Kenya: 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, withother members of that community— (a) to enjoy the person’s culture and use the person’s language;...


  • Article 45 of The Constitution of Kenya: 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 marry a person of the opposite sex, based on thefree consent of the parties. (3) Parties to a...


  • Article 46 of The Constitution of Kenya: 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 their health, safety, and economic interests; and (d) to compensation for loss or injury arising from...


  • Article 47 of The Constitution of Kenya: 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 likely to beadversely affected by administrative action, the person has the right to be given written...


  • Article 48 of The Constitution of Kenya: 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 of The Constitution of Kenya: 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 consequences of not remaining silent; (b) to remain silent; (c) to communicate with an advocate, and...


  • Article 50 of The Constitution of Kenya: 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 impartial tribunal or body. (2) Every accused person has the right to a fair trial, which includes the...


  • Article 51 of The Constitution of Kenya: 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 fundamental freedom is clearly incompatible with the fact that the person is detained, held in...


  • Article 52 of The Constitution of Kenya: 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 as limiting or qualifying any right.


  • Article 53 of The Constitution of Kenya: 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 abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and...


  • Article 54 of The Constitution of Kenya: 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 institutions and facilities for persons with disabilities that are integrated into society to the extent...


  • Article 55 of The Constitution of Kenya: 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 participate in political, social, economic and other spheres of life; (c) access employment;...


  • Article 56 of The Constitution of Kenya: 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) are provided special opportunities in educational and economic fields; (c) are provided special...


  • Article 57 of The Constitution of Kenya: 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 and be free from abuse; and (d) to receive reasonable care and assistance from their family and the...


  • Article 58 of The Constitution of Kenya: 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 emergency; and (b) the declaration is necessary to meet the circumstances for which the emergency is...


  • Article 59 of The Constitution of Kenya: 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 rights in the Republic; (b) to promote gender equality and equity generally and to coordinate and...


  • Article 60 of The Constitution of Kenya: 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 land; (b) security of land rights; (c) sustainable and productive management of land...


  • Article 61 of The Constitution of Kenya: 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.