CHAPTER 4: THE BILL OF RIGHTS
19.Rights and fundamental freedoms
19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. (2) The purpose of recognising and prot...
20.Application of Bill of Rights
20. (1) The Bill of Rights applies to all law and binds all State organs and all persons. (2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to...
21.Implementation of rights and fundamental freedoms
21. (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. (2)...
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 t...
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 r...
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...
25.Fundamental rights and freedoms that may not be limited
25. Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading t...
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 extent authoris...
27.Equality and freedom from discrimination
27. (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 a...
28.Human dignity
28. Every person has inherent dignity and the right to have that dignity respected and protected....
29.Freedom and security of the person
29. Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained wi...
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....
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...
32.Freedom of conscience, religion, belief and opinion
32. (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...
33.Freedom of expression
33. (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...
34.Freedom of the media
34. (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 ...
35.Access to information
35. (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 r...
36.Freedom of association
36. (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 s...
37.Assembly, demonstration, picketing and petition
37. Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities....
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 o...
39.Freedom of movement and residence
39. (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 ...
40.Protection of right to property
40. (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 (b) in any pa...
41.Labour relations
41. (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 p...
42.Environment
42. Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations...
43.Economic and social rights
43. (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 a...
44.Language and culture
44. (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 communi...
45.Family
45. (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 a...
46.Consumer rights
46. (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 th...
47.Fair administrative action
47. (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 pe...
48.Access to justice
48. The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice....
49.Rights of arrested persons
49. (1) An arrested person has the right— (a) to be informed promptly, in language that the person understands, of— (i) the reason for the arrest; (ii) the right to remain silent; ...
50.Fair hearing
50. (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, anothe...
51.Rights of persons detained, held in custody or imprisoned
51. (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 ...
52.Interpretation of this Part
52. (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 ...
53.Children
53. (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 ...
54.Persons with disabilities
54. (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 ed...
55.Youth
55. The State shall take measures, including affirmative action programmes, to ensure that the youth— (a) access relevant education and training; (b) have opportunities to associat...
56.Minorities and marginalised groups
56. The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups— (a) participate and are represented in governance and oth...
57.Older members of society
57. 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 i...
58.State of emergency
58. (1) A state of emergency may be declared only under Article 132 (4) (d) and only when— (a) the State is threatened by war, invasion, general insurrection, disorder, natural dis...
59.Kenya National Human Rights and Equality Commission
59. (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 ...