Students
Education, expression and your rights at school.
Guides
In simple words
Rights and fundamental freedoms
- 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.
Read the full article → - 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.
Read the full article → - 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;
Read the full article → - 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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- 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;
Read the full article → - 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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Application of Bill of Rights
- The Bill of Rights applies to all law and binds the State and all people.
Art. 20(1)
(1) The Bill of Rights applies to all law and binds all State organs and all persons.
Read the full article → - Everyone should enjoy their rights as fully as possible.
Art. 20(2)
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
Read the full article → - When applying rights, courts must interpret the law in the way that best protects your rights.
Art. 20(3)(b)
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
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- The rules about rights apply to everyone, everywhere in Kenya.
Art. 20(1)
(1) The Bill of Rights applies to all law and binds all State organs and all persons.
Read the full article → - If there is a choice, the law should be read in the way that protects your rights best.
Art. 20(3)(b)
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
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Limitation of rights and fundamental freedoms
- A right may only be limited by law, and only when the limit is reasonable and justifiable in a free and democratic society.
Art. 24(1)
(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, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article → - Even when limited, a right cannot be emptied of its core meaning.
Art. 24(2)(c)
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
Read the full article → - The State must be able to show the court that any limit on a right is justified.
Art. 24(3)
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
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- Some rules can limit a right, but only if they are fair and if they are needed to protect others.
Art. 24(1)
(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, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
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Freedom of expression
- You are free to say what you think, and to look for, get, and share information and ideas.
Art. 33(1)(a)
(a) freedom to seek, receive or impart information or ideas;
Read the full article → - You are free to make art, and to study and do research.
Art. 33(1)(b)
(b) freedom of artistic creativity; and
Read the full article → - But you may not use words to spread war, violence, or hate.
Art. 33(2)
(2) The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4).
Read the full article → - When you speak, you must still respect other people's rights and good name.
Art. 33(3)
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
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- You can say what you feel. You can ask questions and tell others what you learn.
Art. 33(1)(a)
(a) freedom to seek, receive or impart information or ideas;
Read the full article → - You can draw, sing, and make things. You can learn and find out new things.
Art. 33(1)(b)
(b) freedom of artistic creativity; and
Read the full article → - But you must not use words to hurt people or start fights.
Art. 33(2)
(2) The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4).
Read the full article → - Be kind with your words, because other people matter too.
Art. 33(3)
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
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Economic and social rights
- Everyone has the right to the best possible standard of health, including health care services.
Art. 43(1)(a)
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
Read the full article → - Everyone has the right to decent housing and to reasonable sanitation.
Art. 43(1)(b)
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
Read the full article → - Everyone has the right to enough good food, and to be free from hunger.
Art. 43(1)(c)
(c) to be free from hunger, and to have adequate food of acceptable quality;
Read the full article → - Everyone has the right to clean and safe water in enough quantity.
Art. 43(1)(d)
(d) to clean and safe water in adequate quantities;
Read the full article → - Everyone has the right to social security.
Art. 43(1)(e)
(e) to social security; and
Read the full article → - Everyone has the right to education.
Art. 43(1)(f)
(f) to education.
Read the full article → - No one may be refused emergency medical treatment.
Art. 43(2)
(2) A person shall not be denied emergency medical treatment.
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- Every person should have food, water, a home, and a school to go to.
Art. 43(1)
(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 food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education.
Read the full article → - If you are very sick and need help right away, the hospital must help you.
Art. 43(2)
(2) A person shall not be denied emergency medical treatment.
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Children
- Every child has the right to a name and a nationality from birth.
Art. 53(1)(a)
(a) to a name and nationality from birth;
Read the full article → - Every child has the right to free and compulsory basic education.
Art. 53(1)(b)
(b) to free and compulsory basic education;
Read the full article → - Every child has the right to food, shelter and health care.
Art. 53(1)(c)
(c) to basic nutrition, shelter and health care;
Read the full article → - Every child must be protected from abuse, neglect, violence and harmful practices.
Art. 53(1)(d)
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
Read the full article → - Both parents have equal responsibility to provide for the child, whether they are married or not.
Art. 53(1)(e)
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and
Read the full article → - A child should only be detained as a last resort, for the shortest possible time, and kept separate from adults.
Art. 53(1)(f)
(f) not to be detained, except as a measure of last resort, and when detained, to be held—
Read the full article → - In every matter concerning a child, what is best for the child comes first.
Art. 53(2)
(2) A child’s best interests are of paramount importance in every matter concerning the child.
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- Every child should have a name, go to school, and have food, a home and a doctor.
Art. 53(1)
(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 hazardous or exploitative labour; (e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and (f) not to be detained, except as a measure of last resort, and when detained, to be held— (i) for the shortest appropriate period of time; and (ii) separate from adults and in conditions that take account of the child’s sex and age.
Read the full article → - The most important thing is what is best for the child.
Art. 53(2)
(2) A child’s best interests are of paramount importance in every matter concerning the child.
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