KENYAN LEGISLATION

Acts and laws in Kenya

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Provisions

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Article 15 of The Constitution of Kenya: Citizenship by registration.

15. (1) A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen. (2) A person who has been lawfully resident in Kenya for a continuous periodof at least seven years, and who satisfies the conditions prescribed by an Act…

Article 17 of The Constitution of Kenya: Revocation of citizenship.

17. (1) If a person acquired citizenship by registration, the citizenship may berevoked if— (a) the person acquired the citizenship by fraud, false representation or concealment of any material fact; (b) the person has, during any war in which Kenya was engaged, unlawfully traded or communicated wit…

Article 18 of The Constitution of Kenya: Legislation on citizenship.

18. Parliament shall enact legislation— (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c) providing for the status of permanent residents; (d) providing for voluntary renunciation of citizenship; (e) prescribing procedures for rev…

Article 19 of The Constitution of Kenya: Rights and fundamental freedoms.

19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and isthe framework for social, economic and cultural policies. (2) The purpose of recognising and protecting human rights and fundamentalfreedoms is to preserve the dignity of individuals and communities and to promote socia…

Article 20 of The Constitution of Kenya: Application of Bill of Rights.

20. (1) The Bill of Rights applies to all law and binds all State organs and all persons. (2) Every person shall enjoy the rights and fundamental freedoms in the Bill ofRights to the greatest extent consistent with the nature of the right or fundamental freedom. (3) In applying a provision of the Bi…

Article 22 of The Constitution of Kenya: Enforcement of Bill of Rights.

22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened. (2) In addition to a person acting in their own interest, court proceedings underclause (1) may be instituted…

Article 26 of The Constitution of Kenya: Right to life.

26. (1) Every person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except to the extentauthorised by this Constitution or other written law. (4) Abortion is not permitted unless, in the opinion of a trained health prof…

Article 29 of The Constitution of Kenya: Freedom and security of the person.

Freedom and security of the person. 29. Every person has the right to freedom and security of the person, whichincludes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subje…

Article 31 of The Constitution of Kenya: Privacy.

31. 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; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infrin…

Article 33 of The Constitution of Kenya: Freedom of expression.

(1) Every person has the right to freedom of expression, which includes— (a) freedom to seek, receive or impart information or ideas; (b) freedom of artistic creativity; and (c) academic freedom and freedom of scientific research. (2) The right to freedom of expression does not extend to—(a) propaga…

Article 34 of The Constitution of Kenya: Freedom of the media.

(1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2). (2) The State shall not— (a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of an…

Article 35 of The Constitution of Kenya: Access to information.

(1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. (2) Every person has the right to the correction or deletion of untrue or misleading informatio…

Article 36 of The Constitution of Kenya: Freedom of association.

(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. (2) A person shall not be compelled to join an association of any kind. (3) Any legislation that requires registration of an association of…

Article 38 of The Constitution of Kenya: Political rights.

38. (1) Every citizen is free to make political choices, which includes the right—(a) to form, or participate in forming, a political party; (b) to participate in the activities of, or recruit members for, a political party; or (c) to campaign for a political party or cause. (2) Every citizen has th…

Article 40 of The Constitution of Kenya: 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 property— (a) of any description; and in any part of Kenya. (2) Parliament shall not enact a law that permits the State or any person— (a) to arbitrarily deprive a person of p…

Article 41 of The Constitution of Kenya: Labour relations.

(1) Every person has the right to fair labour practices. (2) Every worker has the right—(a) to fair remuneration; (b) to reasonable working conditions; (c) to form, join or participate in the activities and programmes of a trade union; and (d) to go on strike. (3) Every employer has the right— (a) t…

Article 42 of The Constitution of Kenya: Environment.

Every person has the right to a clean and healthy environment, whichincludes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating…

Article 43 of The Constitution of Kenya: Economic and social rights.

(1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate…

Article 44 of The Constitution of Kenya: Language and culture.

(1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice. (2) A person belonging to a cultural or linguistic community has the right, withother members of that community— (a) to enjoy the person’s culture and use the person’s language; or (b…