Work through this list with the Constitution of Kenya, 2010 open — the articles themselves are the authority; these notes are a study guide.
Part 1 — General (Articles 19–23)
- 19
- Bill of Rights integral to democracy; binding effect; generous interpretation.
- 20
- Application to all law and to binding policy; State and private bodies where applicable.
- 21
- Implementation — legislative and other measures; budget.
- 22
- Standing to sue — individuals, groups, public interest, class actions.
- 23
- Authority of courts to uphold and enforce the Bill of Rights.
Part 2 — Rights and fundamental freedoms (Articles 24–50)
- 24
- Limitation of rights — law, reasonableness, justifiability.
- 25
- Rights not subject to limitation (non-derogable core).
- 26
- Right to life.
- 27
- Equality and freedom from discrimination.
- 28
- Human dignity.
- 29
- Freedom and security of the person.
- 30
- Slavery, servitude and forced labour.
- 31
- Privacy.
- 32
- Freedom of conscience, religion, belief and opinion.
- 33
- Freedom of expression.
- 34
- Freedom of the media.
- 35
- Access to information.
- 36
- Freedom of association.
- 37
- Assembly, demonstration, picketing and petition.
- 38
- Political rights.
- 39
- Freedom of movement and residence.
- 40
- Protection of right to property.
- 41
- Labour relations.
- 42
- Language and culture.
- 43
- Economic, social and cultural rights.
- 44
- Clean and healthy environment.
- 45
- Family.
- 46
- Consumer rights.
- 47
- Fair administrative action.
- 48
- Right to access justice.
- 49
- Rights of arrested persons.
- 50
- Fair hearing.
Part 3 — Specific application (Articles 51–57)
- 51
- Persons with disabilities.
- 52
- Minorities and marginalised groups.
- 53
- Children.
- 54
- Youth.
- 55
- Older members of society.
- 56
- Environment (specific application).
- 57
- Economic, social and cultural rights (progressive realisation).
Quick check
Which article protects the best interests of the child?
Answer: Article 53.
Which articles cover “economic, social and cultural” themes in Part 3?
Answer: Article 56 (environment) and Article 57 (progressive realisation of ESC rights) — read together with Article 43 in Part 2.