33. Freedom of expression
Official Constitutional Text
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) academic freedom and freedom of scientific research.
(2) The right to freedom of expression does not extend to—
(a) propaganda for war;
(b) incitement to violence;
(c) hate speech; or
(d) advocacy of hatred that—
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27 (4).
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
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 Freedom of Expression — one of the most important rights in a democracy.
It includes:
- Freedom to speak, write, and share ideas and information
- Freedom of the press and media
- Artistic creativity
- Academic freedom and scientific research
Important limitations:
- Does not protect hate speech, incitement to violence, or propaganda for war
- Expression must respect the rights and reputation of others
This right is fundamental to public debate, journalism, and artistic expression in Kenya.