Kenya Constitution Course

Chapter 4

Bill of Rights

Articles 19–59

Fundamental rights and freedoms

In the classroom: The Bill of Rights binds all state organs and persons; rights may be limited only if the limitation is clear, fair, and proportionate (Article 24). Courts must interpret rights generously.

Article 19 — Rights and fundamental freedoms

The Bill of Rights is part of Kenya’s democratic state; its purpose is to protect dignity and promote social justice.

Article 20 — Application of Bill of Rights

The Bill of Rights applies to all law and binds all State organs and all persons; rights must be enjoyed to the greatest extent consistent with the nature of each right.

Article 24 — Limitation of rights

Any limitation must be written in law, serve a legitimate aim, and be proportionate to the aim.

Article 27 — Equality

Equality before the law and freedom from discrimination; special measures may be allowed.

Article 48 — Access to justice

State must ensure access to justice; courts may grant appropriate relief.

Multiple choice — 10 questions

Think of your answer, then open Correct answer & explanation for each question.

1. The Bill of Rights applies to:

Correct answer & explanation

Correct: B — Article 20(1) provides that the Bill of Rights applies to all law and binds all State organs and all persons.

2. Rights may be limited in Article 24 only if the limitation is:

Correct answer & explanation

Correct: B — Article 24 sets out requirements for limitation, including law and proportionality.

3. Interpretation of rights in Article 20 must:

Correct answer & explanation

Correct: B — Article 20(1) directs generous interpretation and development of the law.

4. Equality before the law and equality of opportunity are in:

Correct answer & explanation

Correct: A — Article 27 guarantees equality and freedom from discrimination.

5. The Constitution requires the State to ensure access to justice:

Correct answer & explanation

Correct: A — Article 48 provides for access to justice.

6. If a law is vague about rights, courts should:

Correct answer & explanation

Correct: B — Article 20(1) directs generous interpretation and development of the law.

7. Chapter Four covers:

Correct answer & explanation

Correct: A — Chapter Four is the Bill of Rights and contains Articles 19 through 59.

8. Article 22 allows a person to bring a claim if the Bill of Rights is denied or threatened to be denied — this is about:

Correct answer & explanation

Correct: B — Article 22 allows any person to institute court proceedings if a right is denied or threatened.

9. Article 26 protects life; deprivation of life is not permitted except:

Correct answer & explanation

Correct: B — Article 26 protects life and restricts when life may be taken under law.

10. Socio-economic rights such as health, housing, and food appear in:

Correct answer & explanation

Correct: A — Article 43 sets out economic, social, and cultural rights.

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