44. Language and culture
Official Constitutional Text
44. (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.
(2) A person belonging to a cultural or linguistic community has the right, with other members of that community—
(a) to enjoy the person’s culture and use the person’s language; or
(b) to form, join and maintain cultural and linguistic associations and other organs of civil society.
(3) A person shall not compel another person to perform, observe or undergo any cultural practice or rite.
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 Language and Cultural Rights.
It guarantees:
- Every person can use the language of their choice and participate in the culture they prefer.
- Members of cultural or linguistic communities can enjoy their culture together and form associations to preserve it.
- No one can be forced to take part in any cultural practice or rite against their will.
This article is important for protecting Kenya’s rich cultural and linguistic diversity while preventing harmful or coercive cultural practices.