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

39. Freedom of movement and residence

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
• 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 (Current)
• 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

39. (1) Every person has the right to freedom of movement.

(2) Every person has the right to leave Kenya.

(3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.

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 guarantees Freedom of Movement and Residence.

It protects three key rights:
- Every person in Kenya can move freely within the country.
- Every person has the right to leave Kenya.
- Every Kenyan citizen has the right to enter, live, and settle anywhere in Kenya.

This right prevents internal exile, forced relocation, or discrimination based on where a citizen chooses to live. It is especially important for devolution and national unit