CHAPTER 4: THE BILL OF RIGHTSPART 2 — RIGHTS AND FUNDAMENTAL FREEDOMS

27. Equality and freedom from discrimination

Navigate this Chapter (41 Articles)

• 19. Rights and fundamental freedoms
• 20. Application of Bill of Rights
• 21. Implementation of rights and fundamental freedoms
• 22. Enforcement of Bill of Rights
• 23. Authority of courts to uphold and enforce the Bill of Rights
• 24. Limitation of rights and fundamental freedoms
• 25. Fundamental rights and freedoms that may not be limited
• 26. Right to life
• 27. Equality and freedom from discrimination (Current)
• 28. Human dignity
• 29. Freedom and security of the person
• 30. Slavery, servitude and forced labour
• 31. Privacy
• 32. Freedom of conscience, religion, belief and opinion
• 33. Freedom of expression
• 34. Freedom of the media
• 35. Access to information
• 36. Freedom of association
• 37. Assembly, demonstration, picketing and petition
• 38. Political rights
• 39. Freedom of movement and residence
• 40. Protection of right to property
• 41. Labour relations
• 42. Environment
• 43. Economic and social rights
• 44. Language and culture
• 45. Family
• 46. Consumer rights
• 47. Fair administrative action
• 48. Access to justice
• 49. Rights of arrested persons
• 50. Fair hearing
• 51. Rights of persons detained, held in custody or imprisoned
• 52. Interpretation of this Part
• 53. Children
• 54. Persons with disabilities
• 55. Youth
• 56. Minorities and marginalised groups
• 57. Older members of society
• 58. State of emergency
• 59. Kenya National Human Rights and Equality Commission

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In this Chapter

Official Constitutional Text

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 and fundamental freedoms.

(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.

(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).

(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.

(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.

(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

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 one of the most important equality provisions in the Constitution.

It guarantees:
- Equality before the law and equal protection for everyone
- Full enjoyment of all rights and freedoms
- Equal treatment between women and men
- Prohibition of discrimination on many grounds (race, sex, pregnancy, disability, age, etc.)
- Affirmative action to correct past discrimination
- The "not more than two-thirds" gender rule in public bodies

Related Information

• Relevant to: Bill of Rights, Equality, Non-discrimination