21. Implementation of rights and fundamental freedoms
Official Constitutional Text
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) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43.
(3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.
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 article places a strong duty on the government and all state organs to actively protect and fulfil human rights.
Key obligations include:
- The State must respect, protect, promote and fulfil all rights in the Bill of Rights.
- The government must take progressive steps (through laws and policies) to realise social and economic rights (especially Article 43).
- Special attention must be given to vulnerable groups such as women, children, persons with disabilities, youth, and marginalised communities.
- Kenya must fulfil its international human rights obligations.
Related Information
- Relevant to: Bill of Rights, Fundamental Freedoms