Article 38 - Political rights.
38. (1) Every citizen is free to make political choices, which includes the rightâ(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit...
Article 40 - Protection of right to property.
(1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own propertyâ (a) of any description; and
in any part of...
Article 41 - Labour relations.
(1) Every person has the right to fair labour practices.
(2) Every worker has the rightâ(a) to fair remuneration;
(b) to reasonable working conditions;
(c) to form, join or participate in the...
Article 42 - Environment.
Every person has the right to a clean and healthy environment, whichincludes the rightâ
(a) to have the environment protected for the benefit of present and future generations through legislative and...
Article 43 - Economic and social rights.
(1) Every person has the rightâ
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
(b) to accessible and...
Article 44 - Language and culture.
(1) Every person has the right to use the language, and to participate in the cultural life, of the personâs choice.
(2) A person belonging to a cultural or linguistic community has the right,...
Article 45 - Family.
(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
(2) Every adult has the right to...
Article 46 - Consumer rights.
(1) Consumers have the rightâ
(a) to goods and services of reasonable quality;
(b) to the information necessary for them to gain full benefit from goods and services;
(c) to the protection of...
Article 47 - Fair administrative action.
(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
(2) If a right or fundamental freedom of a person has been or is...
Article 48 - Access to justice.
The State shall ensure access to justice for all persons and, if any fee isrequired, it shall be reasonable and shall not impede access to justice. Rights of arrested persons.
Article 49 - Rights of arrested persons.
(1) An arrested person has the rightâ
(a) to be informed promptly, in a language that the person understands, ofâ
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the...
Article 50 - Fair hearing.
(1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and...
Article 52 - Interpretation of this Part.
(1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons.
(2) This Part shall not be construed...
Article 53 - Children.
(1) Every child has the rightâ
(a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from...
Article 54 - Persons with disabilities.
(1) A person with any disability is entitledâ
(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b) to access educational...
Article 55 - Youth.
The State shall take measures, including affirmative action programmes, toensure that the youthâ
(a) access relevant education and training;
(b) have opportunities to associate, be represented and...
Article 56 - Minorities and marginalised groups.
The State shall put in place affirmative action programmes designed toensure that minorities and marginalised groupsâ
(a) participate and are represented in governance and other spheres of life; (b)...
Article 57 - Older members of society.
The State shall take measures to ensure the rights of older personsâ(a) to fully participate in the affairs of society;
(b) to pursue their personal development;
(c) to live in dignity and respect...
Article 58 - State of emergency.
(1) A state of emergency may be declared only under Article 132 (4) (d) andonly whenâ
(a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public...
Article 60 - Principles of land policy.
(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principlesâ
(a) equitable access to...
Article 61 - Classification of land.
(1) All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.
(2) Land in Kenya is classified as public, community or private.
Article 62 - Public land.
(1) Public land isâ
(a) land which at the effective date was unalienated government land as defined by an Act of Parliament in force at the effective date;
(b) land lawfully held, used or occupied...
Article 63 - Community land.
1) Community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest.
(2) Community land consists ofâ
(a) land lawfully...
Article 64 - Private land.
Private land consists of â
(a) registered land held by any person under any freehold tenure;
(b) land held by any person under leasehold tenure; and
(c) any other land declared private land under...
Article 65 - Landholding by non-citizens.
(1) A person who is not a citizen may hold land on the basis of leaseholdtenure only, and any such lease, however granted, shall not exceed ninety-nine years.
(2) If a provision of any agreement,...
Article 67 - National Land Commission.
(1) There is established the National Land Commission.
(2) The functions of the National Land Commission areâ
(a) to manage public land on behalf of the national and county governments;
(b) to...
Article 68 - Legislation on land.
Parliament shallâ
(a) revise, consolidate and rationalise existing land laws;
(b) revise sectoral land use laws in accordance with the principles set out in Article 60(1); and
(c) enact...
Article 70 - Enforcement of environmental rights.
(1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened,...
Article 73 - Responsibilities of leadership.
(1) Authority assigned to a State officerâ
(a) is a public trust to be exercised in a manner thatâ
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect...
Article 74 - Oath of office of State officers.
Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe to the oath or affirmation of office, in the manner and form...
Article 75 - Conduct of State officers.
(1) A State officer shall behave, whether in public and official life, in privatelife, or in association with other persons, in a manner that avoidsâ
(a) any conflict between personal interests and...
Article 76 - Financial probity of State officers.
(1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament.
(2)...
Article 78 - Citizenship and leadership.
(1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.
(2) A State officer or a member of the defence forces shall not hold...
Article 80 - Legislation on leadership.
Parliament shall enact legislationâ
(a) establishing procedures and mechanisms for the effective administration of this Chapter;
(b) prescribing the penalties, in addition to the penalties referred...
Article 82 - Legislation on elections.
(1) Parliament shall enact legislation to provide forâ
(a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly...
Article 83 - Registration as a voter.
(1) A person qualifies for registration as a voter at elections or referenda if the personâ
(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an...
Article 86 - Voting.
At every election, the Independent Electoral and Boundaries Commissionshall ensure thatâ
(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and...
Article 87 - Electoral disputes.
(1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.
(2) Petitions concerning an election, other than a presidential election, shall befiled...