Difference between revisions of "THE CONSTITUTION OF THE REPUBLIC OF KENYA"
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(g) generally giving effect to the provisions of this Chapter. | (g) generally giving effect to the provisions of this Chapter. | ||
| − | == CHAPTER FOUR - THE BILL OF RIGHTS | + | == CHAPTER FOUR - THE BILL OF RIGHTS == |
| − | === Rights | + | === PART 1 - General Provisions Relating to the Bill of Rights === |
19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. | 19. (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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(c) are subject only to the limitations contemplated in this Constitution. | (c) are subject only to the limitations contemplated in this Constitution. | ||
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20. (1) The Bill of Rights applies to all law and binds all State organs and all persons. | 20. (1) The Bill of Rights applies to all law and binds all State organs and all persons. | ||
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(c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion. | (c) the court, tribunal or other authority may not interfere with a decision by a State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion. | ||
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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. | 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. | ||
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(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. | (4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. | ||
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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. | 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. | ||
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(4) The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court. | (4) The absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this Article, and to have the matter heard and determined by a court. | ||
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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. | 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. | ||
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(f) an order of judicial review. | (f) an order of judicial review. | ||
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(d) the right to an order of habeas corpus. | (d) the right to an order of habeas corpus. | ||
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== CHAPTER FOUR - THE BILL OF RIGHTS PART 2 - Rights and Fundamental Freedoms == | == CHAPTER FOUR - THE BILL OF RIGHTS PART 2 - Rights and Fundamental Freedoms == | ||
