Difference between revisions of "THE CONSTITUTION OF THE REPUBLIC OF KENYA"

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(f) treated or punished in a cruel, inhuman or degrading manner.
 
(f) treated or punished in a cruel, inhuman or degrading manner.
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=== Slavery, servitude and forced labour ===
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30. (1) A person shall not be held in slavery or servitude.
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(2) A person shall not be required to perform forced labour.
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=== Privacy ===
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(a) their person, home or property searched;
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(b) their possessions seized;
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(c) information relating to their family or private affairs unnecessarily required or revealed; or
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(d) the privacy of their communications infringed.
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=== Freedom of conscience, religion, belief and opinion  ===
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32. (1) Every person has the right to freedom of conscience, religion, thought, belief and opinion.
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(2) Every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.
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(3) A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.
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(4) A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.
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=== Freedom of expression ===
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(a) freedom to seek, receive or impart information or ideas;
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(b) freedom of artistic creativity; and
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(c) academic freedom and freedom of scientific research.
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(a) propaganda for war;
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(b) incitement to violence;
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(c) hate speech; or
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(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
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(ii) is based on any ground of discrimination specified or contemplated in Article 27 (4).
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(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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===  Freedom of the media ===
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34. (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2).
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(a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or
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(b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.
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(a) are necessary to regulate the airwaves and other forms of signal distribution; and
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(b) are independent of control by government, political interests or commercial interests.
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(a) be free to determine independently the editorial content of their broadcasts or other communications;
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(b) be impartial; and
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(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
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(a) be independent of control by government, political interests or commercial interests;
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(b) reflect the interests of all sections of the society; and
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(c) set media standards and regulate and monitor compliance with those standards.
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=== Access to information ===
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(a) information held by the State; and
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(b) information held by another person and required for the exercise or protection of any right or fundamental freedom.
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(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.
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(3) The State shall publish and publicise any important information affecting the nation.
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Access to information.
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=== Freedom of association ===
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36. (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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(2) A person shall not be compelled to join an association of any kind.
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(a) registration may not be withheld or withdrawn unreasonably; and
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(b) there shall be a right to have a fair hearing before a registration is cancelled.
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=== Assembly, demonstration, picketing and petition ===
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37. Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
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=== Political rights ===
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(a) to form, or participate in forming, a political party;
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(b) to participate in the activities of, or recruit members for, a political party; or
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(c) to campaign for a political party or cause.
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(a) any elective public body or office established under this Constitution; or
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(b) any office of any political party of which the citizen is a member.
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(a) to be registered as a voter;
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(b) to vote by secret ballot in any election or referendum; and
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(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.
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=== Freedom of movement and residence ===
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39. (1) Every person has the right to freedom of movement.
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(2) Every person has the right to leave Kenya.
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(3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.
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=== Protection of right to property ===
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(a) of any description; and
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(b) in any part of Kenya.
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(a) to arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description; or
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(b) to limit, or in any way restrict the enjoyment of any right under this Article on the basis of any of the grounds specified or contemplated in Article 27 (4).
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(a) results from an acquisition of land or an interest in land or a conversion of an interest in land, or title to land, in accordance with Chapter Five; or
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(i) requires prompt payment in full, of just compensation to the person; and
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(ii) allows any person who has an interest in, or right over, that property a right of access to a court of law.
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(4) Provision may be made for compensation to be paid to occupants in good faith of land acquired under clause (3) who may not hold title to the land.
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(5) The State shall support, promote and protect the intellectual property rights of the people of Kenya.
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(6) The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.
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=== Labour relations ===
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41. (1) Every person has the right to fair labour practices.
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(a) to fair remuneration;
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(b) to reasonable working conditions;
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(c) to form, join or participate in the activities and programmes of a trade union; and
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(d) to go on strike.
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(e) to form and join an employers organisation; and
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(f) to participate in the activities and programmes of an employers organisation.
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(a) to determine its own administration, programmes and activities;
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(b) to organise; and
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(c) to form and join a federation.
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(5) Every trade union, employers’ organisation and employer has the right to engage in collective bargaining.
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=== Environment ===
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(a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and
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(b) to have obligations relating to the environment fulfilled under Article 70.

Revision as of 14:13, 21 October 2010