43. Economic and social rights
Official Constitutional Text
43. (1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
(c) to be free from hunger, and to have adequate food of acceptable quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.
(2) A person shall not be denied emergency medical treatment.
(3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.
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 articles in the Constitution. It guarantees Economic and Social Rights (also known as Socio-Economic Rights).
Every person in Kenya has the right to:
- The highest attainable standard of health (including reproductive health care)
- Decent housing and sanitation
- Freedom from hunger and access to adequate food
- Clean and safe water
- Social security
- Education
Additional protections:
- No one can be denied emergency medical treatment.
- The State must provide social security to vulnerable people who cannot support themselves.
These rights are progressive and must be realised over time, but they are legally enforceable.