RIGHT TO LIFE
Everyone in Kenya has a right to life which is one of the most basic rights that one gets from conception. This right cannot be taken away from you unless permitted by the Constitution or any other law such as upon committing the offence of murder.
Abortion is illegal in Kenya since the right to life begins at conception. However, abortion is only permitted where a trained medical professional believes there is need for emergency treatment or the life of the mother is in danger.
RIGHT TO EQUALITY AND FREEDOM FROM DISCRIMINATION
Everyone has a right to privacy which involves:
- The right not to be searched
- The right not to have their home or property searched
- The right not to have information about their family or private affairs unnecessarily revealed
- The right not to have their private communications intercepted.
FREEDOM OF EXPRESSION
This right involves the right to:
- Seek, receive or transfer information or ideas
- Use artistic creativity
- Academic freedom and to do scientific research
This right is not extended to the spread of propaganda for war, incitement to violence, hate speech or spread of hatred.
RIGHT TO INFORMATION
Every Kenyan citizen has a right to information held by the state or any person which they require in order to protect their own rights.
Citizens also have the right to have untrue statements about them deleted or corrected.
RIGHT TO VOTE
Every adult Kenyan citizen above the age of 18 has a right to be registered as a voter and to vote.
Adult citizens also have a right run for any elective political offices as well as the right to form a political party and to participate in the activities of political parties.
RIGHT TO PROPERTY
Everyone in Kenya has a right to own property of any kind either alone or with others in any part of Kenya.
The state is prevented from passing any laws that will take away one’s property unfairly or prevent a person from acquiring property by discriminating against them.
The state can only take away one’s property for public interest but it must compensate the person in full for the value of the property.
FREEDOM OF MOVEMENT
Every Kenyan citizen has right to enter, remain in and to live anywhere in Kenya as well as the right to leave Kenya.
RIGHT TO JUSTICE & FAIR HEARING
Everyone in Kenya has a right to justice and to have their dispute resolved in a fair and public hearing before a court or an independent tribunal.
RIGHT TO A CLEAN AND HEALTHY ENVIRONMENT
Every person has a right to a clean and healthy environment and if this right is violated they have the right to go to court and get the clean environment restored or get compensated for the violation.
There are many other constitutional rights and these rights may be limited by law but only when it is fair and justifiable in society.
The following rights cannot be limited by law or the state:
- Freedom from torture or cruel treatment
- Freedom from slavery
- Right to a fair trial
- Right to appear in person before the court when arrested