Equality, dignity and privacy
Equal treatment, human dignity, personal privacy and disability rights.
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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Fundamental Rights and freedoms that may not be limited
- Some rights can never be limited, even in an emergency.
Art. 25
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 of habeas corpus.
Read the full article → - Freedom from torture and cruel, inhuman or degrading treatment can never be limited.
Art. 25(a)
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 of habeas corpus.
Read the full article → - Freedom from slavery or servitude can never be limited.
Art. 25(b)
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 of habeas corpus.
Read the full article → - The right to a fair trial can never be limited.
Art. 25(c)
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 of habeas corpus.
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- Some rights can never be taken away, not even in an emergency.
Art. 25
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 of habeas corpus.
Read the full article → - No one is ever allowed to torture you or treat you cruelly.
Art. 25(a)
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 of habeas corpus.
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Right to life
- Every person has the right to life.
Art. 26(1)
(1) Every person has the right to life.
Read the full article → - The life of a person begins at conception.
Art. 26(2)
(2) The life of a person begins at conception.
Read the full article → - No one may be deprived of life intentionally, except as the law allows.
Art. 26(3)
(3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
Read the full article → - Abortion is not allowed unless a trained health professional finds a need for emergency treatment, or the mother's life or health is in danger, or another law permits it.
Art. 26(4)
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
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- Every person has the right to live.
Art. 26(1)
(1) Every person has the right to life.
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Equality and freedom from discrimination
- Everyone is equal before the law, and everyone gets the same protection and benefits from it.
Art. 27(1)
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
Read the full article → - Women and men have equal rights and equal opportunities.
Art. 27(3)
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
Read the full article → - The State must not discriminate against you for any reason, including your race, sex, pregnancy, marital status, health, ethnicity, colour, age, disability, religion, culture, dress, language or birth.
Art. 27(4)
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
Read the full article → - No person is allowed to discriminate against another person.
Art. 27(5)
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
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- Everyone is the same in the eyes of the law. Boys and girls, and people big and small, all have the same rights.
Art. 27(1)
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
Read the full article → - No one should be treated badly because of how they look, where they come from, or what they believe.
Art. 27(4)
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
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Human dignity
- Every person has worth and must be treated with respect. No one may take your dignity away.
Art. 28
Every person has inherent dignity and the right to have that dignity respected and protected.
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- You matter. Everyone matters. Always treat people with kindness and respect.
Art. 28
Every person has inherent dignity and the right to have that dignity respected and protected.
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Freedom and security of the person
- No one may take away your freedom without a good reason or a fair process.
Art. 29(a)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - You may not be held in jail without being taken to trial, except during a declared state of emergency.
Art. 29(b)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - No one may hurt you — not the government and not other people.
Art. 29(c)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - Torture is never allowed, whether it is physical or mental.
Art. 29(d)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - Corporal punishment is not allowed.
Art. 29(e)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - You may not be treated or punished in a cruel, inhuman or degrading way.
Art. 29(f)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
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- Nobody is allowed to hurt you or be mean to you — not a grown-up, not anyone.
Art. 29(c)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - No one can lock you up for no reason.
Art. 29(a)
Every person has the right to freedom and security of the person, which includes 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 subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
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Slavery, servitude and forced labour
- No person may be held in slavery or servitude.
Art. 30(1)
(1) A person shall not be held in slavery or servitude.
Read the full article → - No person may be forced to do forced labour.
Art. 30(2)
(2) A person shall not be required to perform forced labour.
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- No one is allowed to own another person or force them to work.
Art. 30
(1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.
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Privacy
- Your body, your home and your property may not be searched without a good legal reason.
Art. 31(a)
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 infringed.
Read the full article → - Your possessions may not be seized from you unlawfully.
Art. 31(b)
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 infringed.
Read the full article → - You do not have to reveal private information about your family or personal life unless the law requires it.
Art. 31(c)
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 infringed.
Read the full article → - Your phone calls, messages and emails are private.
Art. 31(d)
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 infringed.
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- Your home and your things are yours. People should ask before they look through them.
Art. 31(a)
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 infringed.
Read the full article → - Your messages are private. Nobody should read them without a good reason.
Art. 31(d)
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 infringed.
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Freedom of association
- Everyone has the right to form, join or take part in an association of any kind.
Art. 36(1)
(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.
Read the full article → - No one can be forced to join an association.
Art. 36(2)
(2) A person shall not be compelled to join an association of any kind.
Read the full article → - If an association must be registered, registration cannot be refused or withdrawn unreasonably.
Art. 36(3)(a)
(a) registration may not be withheld or withdrawn unreasonably; and
Read the full article → - You have a right to a fair hearing before a registration is cancelled.
Art. 36(3)(b)
(b) there shall be a right to have a fair hearing before a registration is cancelled.
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- You can join groups with other people, and no one can force you to join.
Art. 36(1)
(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.
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Rights of persons detained, held in custody or imprisoned
- Even if you are detained or in prison, you keep your rights in the Bill of Rights.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
Read the full article → - If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
Art. 51(2)
(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.
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- Even people in prison still have rights and must be treated well.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
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Persons with disabilities
- A person with a disability must be treated with dignity and respect, and spoken about in a way that is not demeaning.
Art. 54(1)(a)
(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
Read the full article → - People with disabilities have the right to education and facilities that include them in society.
Art. 54(1)(b)
(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;
Read the full article → - People with disabilities have the right to access places, public transport and information.
Art. 54(1)(c)
(c) to reasonable access to all places, public transport and information;
Read the full article → - People with disabilities can use Sign language, Braille or other ways to communicate.
Art. 54(1)(d)
(d) to use Sign language, Braille or other appropriate means of communication; and
Read the full article → - People with disabilities can get materials and devices to help overcome barriers.
Art. 54(1)(e)
(e) to access materials and devices to overcome constraints arising from the person’s disability.
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- Children with disabilities can go to school and take part in everything.
Art. 54(1)(b)
(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;
Read the full article → - Everyone should be able to move around and use places easily.
Art. 54(1)(c)
(c) to reasonable access to all places, public transport and information;
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