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Ask the Constitution

Can the authorities search my phone, home or belongings?

It depends

Your privacy is protected, but this right can be limited by a law that meets strict constitutional tests.

Article 31 protects you from having your person, home or property searched, your possessions seized, or your communications infringed. Article 24 allows a right to be limited only by law, and only as far as is reasonable and justifiable in an open and democratic society. A law sets the details.

“Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized;”

Article 31: Privacy

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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.