26. Right to life
Official Constitutional Text
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 authorised by this Constitution or other written law.
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
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 protects the Right to Life.
Key points:
- Every person has the right to life.
- Life begins at conception (this is a unique provision in the Kenyan Constitution).
- No one can be intentionally killed except as allowed by the Constitution or other laws (e.g., death penalty or self-defence).
- Abortion is generally not permitted, except in cases of emergency or when the mother’s life or health is at risk.
Related Information
- Relevant to: Bill of Rights, Fundamental Freedoms, Right to Life