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 has the right to freedom of movement.
Every citizen has the right to enter, remain in and reside anywhere in Kenya
Every person has the right to leave Kenya.
The State shall support, promote and protect the intellectual property rights of the people of Kenya.
Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and (b) in any part of Kenya.
(1) Every person has the right to fair labour practices.
(2) (a) Every worker has the right— to fair remuneration.
(b) to reasonable working conditions.
Every person has the right—
(a) to the highest attainable standard of health, which includes
the right to health care services, including reproductive
health care;
(b) to accessible and adequate housing, and to reasonable
standards of sanitation;
(c) to be free from hunger, and to have adequate food of
acceptable quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.
(2) A person shall not be denied emergency medical treatment.
(3) The State shall provide appropriate social security to persons
who are unable to support themselves and their dependants.
(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State;
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties;
(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage;(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution.
Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair.
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.