Chapter 4, Part 1 · Art. 19

Rights and fundamental freedoms

2010-as-amended · effective 2010-08-27

Official text

(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
(3) The rights and fundamental freedoms in the Bill of Rights—
  (a) belong to each individual and are not granted by the State;
  (b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
  (c) are subject only to the limitations contemplated in this Constitution.

In simple words

The Bill of Rights is a core part of Kenya's democracy.
Art. 19(1)
(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
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Its purpose is to protect the dignity of every person and community, and to promote social justice.
Art. 19(2)
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
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Your rights belong to you. They are not given to you by the State.
Art. 19(3)(a)
(a) belong to each individual and are not granted by the State;
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The Bill of Rights does not exclude other rights recognised by law.
Art. 19(3)(b)
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
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Kids explanation

You have rights just because you are a person. They are yours, and no one gives them to you.
Art. 19(3)(a)
(a) belong to each individual and are not granted by the State;
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Rights help everyone live with dignity and fairness.
Art. 19(2)
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
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