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Ask the Constitution

Can the government ever limit my rights?

It depends

Most rights can be limited only by law and only if reasonable and justifiable; four rights can never be limited.

Article 24 says a right may be limited only by law, and only to the extent that is reasonable and justifiable in an open and democratic society. A law may also limit some rights for members of the defence forces and police. During a state of emergency, Article 58 allows limits only as far as strictly required. Article 25 lists rights that can never be limited: freedom from torture and cruel treatment, freedom from slavery, the right to a fair trial and habeas corpus.

“A right or fundamental freedom in the Bill of Rights shall not be limited except by law,”

Article 24: Limitation of rights and fundamental freedoms

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More questions like this

NoCan I be forced to join a political party?No. The Constitution says nobody can be compelled to join an association of any kind, and a political party is an association.YesCan I join a protest or demonstration?Yes, as long as it is peaceful and you are unarmed.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.YesCan I ask the government for information it holds?Yes. Every citizen has the right of access to information held by the State.

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.