Last Change:
05/16/2025
The Constitution of Kenya
Year: 2010
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Constitution of Kenya, enacted in 2010, is the supreme law of the Republic of Kenya, embodying the country's fundamental principles, institutions, and governance framework. The constitution reflects the aspirations of the Kenyan people, seeking to address historical injustices, promote social equity, and uphold human rights.
Selected provisions
Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.
The national values and principles of governance include- human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalized.
The national values and principles of governance include- (c) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalized.
13. (1) Every person who was a citizen immediately before the
effective date retains the same citizenship status as of that date.
(2) Citizenship may be acquired by birth or registration.
(3) Citizenship is not lost through marriage or the dissolution of
marriage
14. (1) A person is a citizen by birth if on the day of the person’s
birth, whether or not the person is born in Kenya, either the mother or
father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the
effective date, whether or not the person was born in Kenya, if either
the mother or father of the person is or was a citizen.
(3) Parliament may enact legislation limiting the effect of clauses
(1) and (2) on the descendents of Kenyan citizens who are born
outside Kenya.
(4) A child found in Kenya who is, or appears to be, less than
eight years of age, and whose nationality and parents are not known,
is presumed to be a citizen by birth.
(5) A person who is a Kenyan citizen by birth and who, on the
effective date, has ceased to be a Kenyan citizen because the person
acquired citizenship of another country, is entitled on application to
regain Kenyan citizenship.
The national values and principles of governance include- human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalized.
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.
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.
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.
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.