The Bill of Rights

Part 1—General provisions relating to the Bill of Rights

1. 19Rights and fundamental freedomsThe Bill of Rights is the framework for social, economic and cultural policy. Rights belong to each individual and are not granted by the State. They are subject only to limitations allowed by the Constitution.
2. 20Application of Bill of RightsThe Bill of Rights applies to all law and binds all State organs and all persons. Courts must interpret it in the way that most favours enforcing a right. If the State claims it lacks resources for Article 43 rights, it must show this.
3. 21Implementation of rights and fundamental freedomsThe State and all its organs must observe, respect, protect, promote and fulfil the rights in the Bill of Rights. They must work towards the Article 43 rights progressively and address the needs of vulnerable groups, including women, children, youth and persons with disabilities.
4. 22Enforcement of Bill of RightsYou have the right to go to court if a right is denied, violated or threatened. Cases may also be brought for others, a group, or in the public interest. No fee may be charged to start the case, and formalities are kept minimal.
5. 23Authority of courts to uphold and enforce the Bill of RightsThe High Court can hear cases about denied or threatened rights, and Parliament must let subordinate courts hear them in suitable cases. Courts may grant relief such as a declaration, injunction, compensation, judicial review, or a declaration that a law is invalid.
6. 24Limitation of rights and fundamental freedomsA right may be limited only by law, and only if reasonable and justifiable in an open and democratic society. A limit must be clear, must not remove a right's core, and must be justified. Special limits apply to Kadhis' courts, soldiers and police.
7. 25Fundamental Rights and freedoms that may not be limitedFour rights can never be limited: freedom from torture and cruel, inhuman or degrading treatment, freedom from slavery or servitude, the right to a fair trial, and the right to an order of habeas corpus.

Part 2—Rights and fundamental freedoms

1. 26Right to lifeEvery person has the right to life, which begins at conception. Abortion is not permitted unless a trained health professional finds an emergency or danger to the mother's life or health, or other written law allows it.
2. 27Equality and freedom from discriminationEveryone is equal before the law, and discrimination on grounds such as race, sex, age, disability or religion is prohibited. The State must redress past disadvantage, including through affirmative action, and work towards no more than two-thirds of one gender in elective and appointive bodies.
3. 28Human dignityEvery person has inherent dignity and the right to have it respected and protected.
4. 29Freedom and security of the personYou have the right to freedom and security of the person. This includes not being deprived of freedom arbitrarily, detained without trial (except during a state of emergency), subjected to violence, torture, corporal punishment, or cruel, inhuman or degrading treatment.
5. 30Slavery, servitude and forced labourNobody may be held in slavery or servitude, or required to perform forced labour.
6. 31PrivacyYou have the right to privacy. This includes not having your person, home or property searched, your possessions seized, your private information unnecessarily required or revealed, or your communications infringed.
7. 32Freedom of conscience, religion, belief and opinionYou have freedom of conscience, religion, thought, belief and opinion, including the right to practise and teach your religion. You cannot be denied access to any institution, job or right, or be compelled to act against your belief, because of your religion or belief.
8. 33Freedom of expressionYou 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.
9. 34Freedom of the mediaMedia freedom and independence is guaranteed, but not for expression excluded by Article 33(2). The State must not control or interfere with media or penalise opinions. Licensing must be independent, State media must be impartial, and Parliament must set up an independent media standards body.
10. 35Access to informationCitizens have the right to information held by the State, and to information held by others that is needed to exercise or protect a right. You may seek correction or deletion of untrue or misleading information about you. The State must publish important national information.
11. 36Freedom of associationYou have the right to form, join or take part in any association, and nobody can be forced to join one. Any law requiring registration must not allow registration to be withheld or withdrawn unreasonably, and must provide a fair hearing before cancellation.
12. 37Assembly, demonstration, picketing and petitionYou have the right, peaceably and unarmed, to assemble, demonstrate, picket and present petitions to public authorities.
13. 38Political rightsCitizens are free to make political choices, including forming or joining a party and campaigning. Citizens have the right to free, fair and regular elections. Every adult citizen may, without unreasonable restrictions, register as a voter, vote by secret ballot, and stand for office.
14. 39Freedom of movement and residenceEvery person has the right to freedom of movement and to leave Kenya. Every citizen has the right to enter, remain in and live anywhere in Kenya.
15. 40Protection of right to propertyAnyone may own property anywhere in Kenya, subject to Article 65 (non-citizens hold land only on leasehold). The State must not take property arbitrarily; taking it for a public purpose needs prompt, full, just compensation and access to court. Unlawfully acquired property is unprotected.
16. 41Labour relationsEvery person has the right to fair labour practices. Workers have the right to fair pay, reasonable working conditions, to join a trade union and to strike. Employers, unions and employers' organisations have organising and collective bargaining rights.
17. 42EnvironmentEvery person has the right to a clean and healthy environment, including having it protected for present and future generations and having environmental obligations fulfilled under Articles 69 and 70.
18. 43Economic and social rightsEvery person has the right to health care, housing and sanitation, adequate food, clean and safe water, social security and education. Nobody may be denied emergency medical treatment. The State must provide social security for those unable to support themselves and their dependants.
19. 44Language and cultureYou have the right to use the language and take part in the cultural life of your choice, and to enjoy your culture with your community and form cultural associations. Nobody may be compelled to perform, observe or undergo any cultural practice or rite.
20. 45FamilyThe family is recognised and protected by the State. Every adult has the right to marry a person of the opposite sex with free consent, and spouses have equal rights. Parliament must recognise marriages under any tradition or religious law, if consistent with the Constitution.
21. 46Consumer rightsConsumers have the right to goods and services of reasonable quality, necessary information, protection of health, safety and economic interests, and compensation for loss from defects. Parliament must legislate for consumer protection and fair, honest advertising.
22. 47Fair administrative actionYou have the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. If an action has affected or is likely to affect your rights adversely, you have the right to written reasons. Parliament must provide for court or tribunal review.
23. 48Access to justiceThe State must ensure access to justice for all. Any fee required must be reasonable and must not impede access to justice.
24. 49Rights of arrested personsIf arrested, you must be told promptly why and of your right to silence. You may contact a lawyer, must reach court within 24 hours (or by the end of the next court day), and have a right to bail unless there are compelling reasons.
25. 50Fair hearingYou have the right to a fair hearing. An accused person is presumed innocent, must be told the charge, and may have a lawyer, stay silent, have an interpreter and appeal. Evidence gained by violating rights is excluded if it would make the trial unfair.
26. 51Rights of persons detained, held in custody or imprisonedPeople who are detained, in custody or in prison keep all Bill of Rights rights, except those clearly incompatible with being detained. They may petition for habeas corpus, and Parliament must legislate for their humane treatment.

Part 3 — Specific application of rights

1. 52Interpretation of this PartThis Part spells out certain rights for particular groups so their application is clearer. It does not limit or qualify any right.
2. 53ChildrenEvery child has the right to a name and nationality, free and compulsory basic education, nutrition, shelter, health care, protection from abuse and exploitation, and parental care. A child may be detained only as a last resort. The child's best interests are of paramount importance.
3. 54Persons with disabilitiesPersons with disabilities are entitled to dignity and respect, reasonable access to places, public transport and information, and use of Sign language or Braille. The State must progressively ensure at least five percent of members of elective and appointive bodies are persons with disabilities.
4. 55YouthThe State must take measures, including affirmative action, to ensure youth can access education and training, employment, and opportunities to participate and be represented, and are protected from harmful cultural practices and exploitation.
5. 56Minorities and marginalised groupsThe State must put in place affirmative action programmes so minorities and marginalised groups are represented in governance, get special opportunities in education, the economy and employment, develop their cultures and languages, and have reasonable access to water, health services and infrastructure.
6. 57Older members of societyThe State must take measures to ensure older persons can participate fully in society, pursue personal development, live in dignity free from abuse, and receive reasonable care and assistance from their family and the State.

Part 4 — State of emergency

1. 58State of emergencyA state of emergency may be declared only for war, invasion, disorder, natural disaster or other public emergency, and lasts at most 14 days unless the National Assembly extends it. Rights may be limited only as strictly required. The Supreme Court may review it.

Part 5 — Kenya National Human Rights and Equality Commission

1. 59Kenya National Human Rights and Equality CommissionThis Article establishes the Kenya National Human Rights and Equality Commission, which promotes and monitors human rights and gender equality, and investigates complaints of rights abuses and improper official conduct. Every person may complain to it about a denied or threatened right.

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.