Kenya

The Constitution of Kenya, adopted and enacted in 2010.
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26. (1) Every person has the right to life.

27. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.

29. Every person has the right to freedom and security of the person, which includes the right not to be—
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner.

31. Every person has the right to privacy, which includes the right not to have—
(a) their person, home or property searched;
(c) information relating to their family or private affairs unnecessarily required or revealed;

41. (1) Every person has the right to fair labour practices.

42. Every person has the right to a clean and healthy environment

43. (1) Every person has the right—
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive
health care;
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
(c) to be free from hunger, and to have adequate food of acceptable quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.

44. (1) Every person has the right to use the language, and to participate in the cultural life, of the person’s choice.
(2) A person belonging to a cultural or linguistic community has the right, with other members of that community—
(a) to enjoy the person’s culture and use the person’s language

45. (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.

53. (1) Every child has the right––
(a) to a name and nationality from birth;

(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the
child, whether they are married to each other or not; and
(f) not to be detained, except as a measure of last resort, and when detained, to be held –
(i) for the shortest appropriate period of time; and
(ii) separate from adults and in conditions that take account of the child’s sex and age.
(2) A child’s best interests are of paramount importance in every matter concerning the child.
54. (1) A person with any disability is entitled––
(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;
(c) to reasonable access to all places, public transport and information;
(d) to use Sign language, Braille or other appropriate means of communication; and
(e) to access materials and devices to overcome constraints arising from the person’s disability.
(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

56. The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and
(e) have reasonable access to water, health services andinfrastructure.
57. The State shall take measures to ensure the rights of older persons––
(a) to fully participate in the affairs of society;
(b) to pursue their personal development;
(c) to live in dignity and respect and be free from abuse; and
(d) to receive reasonable care and assistance from their family and the State.

 

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