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KenyaSimplified

Chapter 4, Part 1 · Art. 23

Authority of courts to uphold and enforce the Bill of Rights

2010-as-amended · effective 2010-08-27

Official text

(1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(2) Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
(3) In any proceedings brought under Article 22, a court may grant appropriate relief, including—
  (a) a declaration of rights;
  (b) an injunction;
  (c) a conservatory order;
  (d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24;
  (e) an order for compensation; and
  (f) an order of judicial review.
In simple words
  • The High Court can hear cases about rights that have been denied, violated or threatened.
    Art. 23(1)

    (1) The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

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  • A court can grant relief, including a declaration of rights, an injunction, compensation, or judicial review.
    Art. 23(3)

    (3) In any proceedings brought under Article 22, a court may grant appropriate relief, including— (a) a declaration of rights; (b) an injunction; (c) a conservatory order; (d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24; (e) an order for compensation; and (f) an order of judicial review.

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Kids explanation
  • A court can order help when your rights are broken, like telling someone to stop or to pay you.
    Art. 23(3)

    (3) In any proceedings brought under Article 22, a court may grant appropriate relief, including— (a) a declaration of rights; (b) an injunction; (c) a conservatory order; (d) a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24; (e) an order for compensation; and (f) an order of judicial review.

    Read the full article →

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