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Article 33 · Part 2—Rights and fundamental freedoms

Freedom of expression

In plain English

You have freedom of expression, including seeking and sharing information and ideas, artistic creativity, and academic freedom. It does not extend to war propaganda, incitement to violence, hate speech, or advocacy of hatred. You must respect others' rights and reputation.

The official text

(1) Every person has the right to freedom of expression, which includes—

(a) freedom to seek, receive or impart information or ideas;

(b) freedom of artistic creativity; and

(c) academic freedom and freedom of scientific research.

(2) The right to freedom of expression does not extend to—

(a) propaganda for war;

(b) incitement to violence;

(c) hate speech; or

(d) advocacy of hatred that—

(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or

(ii) is based on any ground of discrimination specified or contemplated in Article 27(4).

(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.

Questions this Article answers

NoDoes freedom of expression mean I can say anything I want, including online?No. Freedom of expression is protected, but it does not cover hate speech, incitement to violence or propaganda for war.NoCan the government punish a media house or blogger for their opinions?No. The State shall not penalise anyone for any opinion or the content of a broadcast or publication, except expression outside free-speech protection.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.