Provisions
7,070 results
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…
16. A citizen by birth does not lose citizenship by acquiring the citizenship ofanother country.
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…
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…
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…
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…
21. (1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. (2) The State shall take legislative, policy and other measures, including thesetting of standards, to achieve the progressi…
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…
23. (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights. (2) Parliament shall enact legislation to give original jurisdiction…
24. (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, inc…
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order…
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…
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and fundamentalfreedoms. (3) Women and men have the right to equal treatment, including the right toequal opportunities in pol…
Every person has inherent dignity and the right to have that dignity respected and protected.
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…
30. (1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.
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…
(1) Every person has the right to freedom of conscience, religion, thought,belief and opinion. (2) Every person has the right, either individually or in community with others,in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including obse…
(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…
(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…
(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…
(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…
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
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…
(1) Every person has the right to freedom of movement. (2) Every person has the right to leave Kenya. (3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.
(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…
(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…
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…
(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…
(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…