22
Constitution of Kenya, 2010
(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.
Limitation of rights
and fundamental
freedoms.
24. (1) A right or fundamental freedom in the Bill of Rights
shall not be limited except by law, and then only to the extent that the
limitation is reasonable and justifiable in an open and democratic society
based on human dignity, equality and freedom, taking into account all
relevant factors, including––
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and
fundamental freedoms by any individual does not prejudice
the rights and fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and
whether there are less restrictive means to achieve the
purpose.
(2) Despite clause (1), a provision in legislation limiting a right
or fundamental freedom—
(a) in the case of a provision enacted or amended on or after the