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

48. Access to justice

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
• 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 (Current)
• 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

---

In this Chapter

Official Constitutional Text

48. The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.

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 Access to Justice for every person in Kenya.

The State must make sure that courts and other justice institutions are available and accessible to all.

If any fees are charged (e.g., court filing fees), they must be reasonable and must not prevent people from seeking justice.

This is a very important provision that aims to prevent justice from being available only to the rich.