Activists and civil society
Assembly, participation and accountability.
Guides
In simple words
Enforcement of Bill of Rights
- If your rights are denied or threatened, you can go to court.
Art. 22(1)
(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
Read the full article → - Someone can go to court on behalf of another person, a group, the public interest, or an association.
Art. 22(2)
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by— (a) a person acting on behalf of another person who cannot act in their own name; (b) a person acting as a member of, or in the interest of, a group or class of persons; (c) a person acting in the public interest; or (d) an association acting in the interest of one or more of its members.
Read the full article → - No fee may be charged for starting these court proceedings.
Art. 22(3)(c)
(c) no fee may be charged for commencing the proceedings;
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- If someone treats you unfairly and takes away your rights, you can ask a court to help.
Art. 22(1)
(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
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Freedom of association
- Everyone has the right to form, join or take part in an association of any kind.
Art. 36(1)
(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
Read the full article → - No one can be forced to join an association.
Art. 36(2)
(2) A person shall not be compelled to join an association of any kind.
Read the full article → - If an association must be registered, registration cannot be refused or withdrawn unreasonably.
Art. 36(3)(a)
(a) registration may not be withheld or withdrawn unreasonably; and
Read the full article → - You have a right to a fair hearing before a registration is cancelled.
Art. 36(3)(b)
(b) there shall be a right to have a fair hearing before a registration is cancelled.
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- You can join groups with other people, and no one can force you to join.
Art. 36(1)
(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
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Assembly, demonstration, picketing and petition
- You can gather, march or protest peacefully, as long as you are not carrying weapons.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
Read the full article → - You can present your complaints and petitions to the government.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
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- You can walk together with other people to show what you think, if you are peaceful and no one carries a weapon.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
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Kenya National Human Rights and Equality Commission
- Kenya has a national Human Rights and Equality Commission.
Art. 59(1)
(1) There is established the Kenya National Human Rights and Equality Commission.
Read the full article → - The Commission promotes respect for human rights and a culture of human rights.
Art. 59(2)(a)
(a) to promote respect for human rights and develop a culture of human rights in the Republic;
Read the full article → - It receives and investigates complaints about alleged abuses of human rights.
Art. 59(2)(e)
(e) to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;
Read the full article → - Every person has the right to complain to the Commission if a right has been denied, violated or threatened.
Art. 59(3)
(3) Every person has the right to complain to the Commission, alleging that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.
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- There is an office that listens when people say their rights have been broken.
Art. 59(2)(e)
(e) to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;
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Enforcement of environmental rights
- If the right to a clean and healthy environment is denied or threatened, a person may apply to a court for redress.
Art. 70(1)
(1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.
Read the full article → - A court may order that harmful acts be stopped, or award compensation.
Art. 70(2)
(2) On application under clause (1), the court may make any order, or give any directions, it considers appropriate— (a) to prevent, stop or discontinue any act or omission that is harmful to the environment; (b) to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) to provide compensation for any victim of a violation of the right to a clean and healthy environment.
Read the full article → - The applicant does not have to show that anyone suffered loss or injury.
Art. 70(3)
(3) For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.
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- If someone harms the environment, you can ask a court to stop them.
Art. 70(1)
(1) If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.
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Agreements relating to natural resources
- A transaction that grants a right to exploit a natural resource of Kenya is subject to ratification by Parliament.
Art. 71(1)
(1) A transaction is subject to ratification by Parliament if it— (a) involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and (b) is entered into on or after the effective date.
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- Big deals to use Kenya's natural resources, like minerals, must be approved by Parliament.
Art. 71(1)
(1) A transaction is subject to ratification by Parliament if it— (a) involves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of Kenya; and (b) is entered into on or after the effective date.
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Public access and participation
- Parliament must conduct its business openly, and its sittings and committee sittings are held in public.
Art. 118(1)(a)
(a) conduct its business in an open manner, and its sittings and those of its committees shall be in public; and
Read the full article → - Parliament must facilitate public participation in its legislative and other business.
Art. 118(1)(b)
(b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees.
Read the full article → - Parliament may not exclude the public or media except in exceptional circumstances.
Art. 118(2)
(2) Parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant Speaker has determined that there are justifiable reasons for the exclusion.
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- Parliament meets in public, and people can take part.
Art. 118(1)
(1) Parliament shall— (a) conduct its business in an open manner, and its sittings and those of its committees shall be in public; and (b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees.
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Right to petition Parliament
- Every person has the right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing legislation.
Art. 119(1)
(1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.
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- You can write to Parliament to ask it to consider an issue.
Art. 119(1)
(1) Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.
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Public participation and county assembly powers, privileges and immunities
- A county assembly must conduct its business openly and hold its sittings in public.
Art. 196(1)(a)
(a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
Read the full article → - It must facilitate public participation in its legislative and other business.
Art. 196(1)(b)
(b) facilitate public participation and involvement in the legislative and other business of the assembly and its committees.
Read the full article → - It may not exclude the public or media except in exceptional circumstances.
Art. 196(2)
(2) A county assembly may not exclude the public, or any media, from any sitting unless in exceptional circumstances the speaker has determined that there are justifiable reasons for doing so.
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- County assemblies meet in public, and people can take part.
Art. 196(1)
(1) A county assembly shall— (a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and (b) facilitate public participation and involvement in the legislative and other business of the assembly and its committees.
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General functions and powers
- Each commission may conduct investigations on its own initiative or on a complaint by a member of the public.
Art. 252(1)(a)
(a) may conduct investigations on its own initiative or on a complaint made by a member of the public;
Read the full article → - It has powers of conciliation, mediation and negotiation, and recruits its own staff.
Art. 252(1)(b)
(b) has the powers necessary for conciliation, mediation and negotiation;
Read the full article → - Some commissions, including the Human Rights and Equality Commission and the National Land Commission, and the Auditor-General, can issue summons to witnesses.
Art. 252(3)
(3) The following commissions and independent offices have the power to issue summons to a witness to assist for the purposes of its investigations— (a) the Kenya National Human Rights and Equality Commission; (b) the Judicial Service Commission; (c) the National Land Commission; and (d) the Auditor-General.
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- Commissions can investigate complaints and help settle disputes.
Art. 252(1)
(1) Each commission, and each holder of an independent office— (a) may conduct investigations on its own initiative or on a complaint made by a member of the public; (b) has the powers necessary for conciliation, mediation and negotiation; (c) shall recruit its own staff; and (d) may perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by this Constitution.
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Amendment by popular initiative
- An amendment may be proposed by a popular initiative signed by at least one million registered voters.
Art. 257(1)
(1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
Read the full article → - The signatures are verified by the IEBC, and the draft Bill is submitted to county assemblies for consideration.
Art. 257(4)
(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.
Read the full article → - If a majority of county assemblies approve it, the Bill is introduced in Parliament.
Art. 257(7)
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
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- People can propose a change to the Constitution if one million voters sign.
Art. 257(1)
(1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
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Enforcement of this Constitution
- Every person has the right to go to court claiming that the Constitution has been contravened, or is threatened with contravention.
Art. 258(1)
(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
Read the full article → - Court proceedings may also be instituted on behalf of another, a group, the public interest, or an association.
Art. 258(2)
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by— (a) a person acting on behalf of another person who cannot act in their own name; (b) a person acting as a member of, or in the interest of, a group or class of persons; (c) a person acting in the public interest; or (d) an association acting in the interest of one or more of its members.
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- Anyone can go to court if the Constitution is being broken or is about to be broken.
Art. 258(1)
(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
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