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
Every person is equal before the law and has the right to equal protection and equal benefit of the law.
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, color, age, disability, religion, conscience, belief, culture, dress, language or birth.
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.
Every person has inherent dignity and the right to have that
dignity respected and protected.
Every person has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause, detained without trial, except during a state of emergency, in which case the detention is subject to Article 58.
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.
(1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labor.
Every person has the right to freedom of conscience, religion, thought, belief and opinion.
The right to freedom of expression does not extend to—(c) incitement to violence; (d) hate speech; or (e) 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).
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.