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Ask the Constitution

Can I go to court if my rights are violated, and do I have to pay to start the case?

Yes

Yes. Anyone can go to court if a right in the Bill of Rights is denied, violated or threatened, and the court rules must not charge a fee to start such a case.

Article 22 lets every person go to court claiming a right in the Bill of Rights has been denied, violated or threatened, including on behalf of others or in the public interest. Rules made by the Chief Justice must keep formalities minimal and must not charge a fee for starting the case.

“no fee may be charged for commencing the proceedings;”

Article 22: Enforcement of Bill of Rights

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More questions like this

NoCan police arrest me without telling me why?No. An arrested person must be told promptly, in a language they understand, the reason for the arrest.NoCan police hold me for days without taking me to court?No. You must be brought before a court within 24 hours, or by the end of the next court day if that time ends outside court hours.YesCan I stay silent if I am arrested?Yes. An arrested person has the right to remain silent and cannot be forced to confess.NoCan police beat or torture someone to get information?No. Everyone has the right not to be tortured or treated in a cruel, inhuman or degrading way, and this right can never be limited.

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.