KENYAN LEGISLATION

Acts and laws in Kenya

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Article 45 of The Constitution of Kenya: 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 marry a person of the opposite sex, based on thefree consent of the parties. (3) Parties to a marriage…

Article 46 of The Constitution of Kenya: Consumer rights.

(1) Consumers have the right— (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 their health, safety, and economic interests; and (d) to compensation for loss or injury arising from defect…

Article 47 of The Constitution of Kenya: 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 likely to beadversely affected by administrative action, the person has the right to be given written rea…

Article 49 of The Constitution of Kenya: Rights of arrested persons.

(1) An arrested person has the right— (a) to be informed promptly, in a language that the person understands, of— (i) the reason for the arrest; (ii) the right to remain silent; and (iii) the consequences of not remaining silent; (b) to remain silent; (c) to communicate with an advocate, and other p…

Article 50 of The Constitution of Kenya: 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 impartial tribunal or body. (2) Every accused person has the right to a fair trial, which includes the rig…

Article 53 of The Constitution of Kenya: Children.

(1) Every child has the right— (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 abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and haza…

Article 54 of The Constitution of Kenya: Persons with disabilities.

(1) A person with any disability is entitled— (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 institutions and facilities for persons with disabilities that are integrated into society to the extent compatibl…

Article 55 of The Constitution of Kenya: Youth.

The State shall take measures, including affirmative action programmes, toensure that the youth— (a) access relevant education and training; (b) have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; (c) access employment; and (d) ar…

Article 56 of The Constitution of Kenya: Minorities and marginalised groups.

The State shall put in place affirmative action programmes designed toensure that minorities and marginalised groups— (a) participate and are represented in governance and other spheres of life; (b) are provided special opportunities in educational and economic fields; (c) are provided special oppor…

Article 57 of The Constitution of Kenya: Older members of society.

The State shall take measures to ensure the rights of older persons—(a) to fully participate in the affairs of society; (b) to pursue their personal development; (c) to live in dignity and respect and be free from abuse; and (d) to receive reasonable care and assistance from their family and the Sta…

Article 58 of The Constitution of Kenya: State of emergency.

(1) A state of emergency may be declared only under Article 132 (4) (d) andonly when— (a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and (b) the declaration is necessary to meet the circumstances for which the emergency is de…

Article 60 of The Constitution of Kenya: 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 principles— (a) equitable access to land; (b) security of land rights; (c) sustainable and productive management of land resources; (d) transpa…

Article 62 of The Constitution of Kenya: Public land.

(1) Public land is— (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 by any State organ, except any such land that is occupied by the State organ as lessee under a private…

Article 63 of The Constitution of Kenya: 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 of— (a) land lawfully registered in the name of group representatives under the provisions of any law; (b) land lawfully transferred…

Article 64 of The Constitution of Kenya: Private land.

Private land consists of — (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 an Act of Parliament.

Article 65 of The Constitution of Kenya: 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, deed, conveyance or document of whatevernature purports to confer on a person who is not a citizen an in…

Article 67 of The Constitution of Kenya: National Land Commission.

(1) There is established the National Land Commission. (2) The functions of the National Land Commission are— (a) to manage public land on behalf of the national and county governments; (b) to recommend a national land policy to the national government; (c) to advise the national government on a com…

Article 68 of The Constitution of Kenya: Legislation on land.

Parliament shall— (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 legislation— (i) to prescribe minimum and maximum land holding acreages in respect of private land; (ii) to regula…

Article 73 of The Constitution of Kenya: Responsibilities of leadership.

(1) Authority assigned to a State officer— (a) is a public trust to be exercised in a manner that— (i) is consistent with the purposes and objects of this Constitution; (ii) demonstrates respect for the people; (iii) brings honour to the nation and dignity to the office; and (iv) promotes public con…