20
Constitution of Kenya, 2010
(b) adopt the interpretation that most favours the enforcement
of a right or fundamental freedom.
(4) In interpreting the Bill of Rights, a court, tribunal or other
authority shall promote––
(a) the values that underlie an open and democratic society
based on human dignity, equality, equity and freedom; and
(b) the spirit, purport and objects of the Bill of Rights.
(5) In applying any right under Article 43, if the State claims that
it does not have the resources to implement the right, a court, tribunal
or other authority shall be guided by the following principles––
(a) it is the responsibility of the State to show that the resources
are not available;
(b) in allocating resources, the State shall give priority to ensuring
the widest possible enjoyment of the right or fundamental
freedom having regard to prevailing circumstances, including
the vulnerability of particular groups or individuals; and
(c) the court, tribunal or other authority may not interfere with
a decision by a State organ concerning the allocation of
available resources, solely on the basis that it would have
reached a different conclusion.
Implementation
of rights and
fundamental
freedoms.
21. (1) It is a fundamental duty of the State and every State organ to
observe, respect, protect, promote and fulfil the rights and fundamental
freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures,
including the setting of standards, to achieve the progressive realisation
of the rights guaranteed under Article 43.
(3) All State organs and all public officers have the duty to address
the needs of vulnerable groups within society, including women, older
members of society, persons with disabilities, children, youth, members
of minority or marginalised communities, and members of particular
ethnic, religious or cultural communities.
(4) The State shall enact and implement legislation to fulfil its
international obligations in respect of human rights and fundamental
freedoms.