CHAPTER 4: THE BILL OF RIGHTSPART 1GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS

19. Rights and fundamental freedoms

Navigate this Chapter (41 Articles)

Official Constitutional Text

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 protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

(3) The rights and fundamental freedoms in the Bill of Rights—
(a) belong to each individual and are not granted by the State;
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
(c) are subject only to the limitations contemplated in this Constitution.

Plain English Explanation

This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.

This is a very important article that introduces the Bill of Rights.

It states that:
- The Bill of Rights is a core part of Kenya’s democracy
- Its purpose is to protect human dignity and promote social justice
- Human rights belong to every individual automatically — they are not given by the government
- The rights in the Constitution do not prevent other rights that may exist in law
- All rights can only be limited according to the rules set out in the Constitution

Related Information

  • Relevant to: Human Dignity, Bill of Rights, Fundamental Freedoms

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