38. Political rights
Official Constitutional Text
38. (1) Every citizen is free to make political choices, which includes the right—
(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit members for, a political party; or
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for—
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions—
(a) to be registered as a voter;
(b) to vote by secret ballot in any election or referendum; and
(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.
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 core Political Rights for every Kenyan citizen.
It guarantees:
- The right to form or join political parties and campaign freely.
- The right to participate in free, fair, and regular elections.
- The right to vote by secret ballot.
- The right to stand for election (voter registration and candidacy).
These rights form the foundation of Kenya’s multi-party democracy.