Constitution of Kenya, 2010
23
effective date, is not valid unless the legislation specifically
expresses the intention to limit that right or fundamental
freedom, and the nature and extent of the limitation;
(b) shall not be construed as limiting the right or fundmental
freedom unless the provision is clear and specific about the
right or freedom to be limited and the nature and extent of
the limitation; and
(c) shall not limit the right or fundamental freedom so far as to
derogate from its core or essential content.
(3) The State or a person seeking to justify a particular limitation
shall demonstrate to the court, tribunal or other authority that the
requirements of this Article have been satisfied.
(4) The provisions of this Chapter on equality shall be qualified to
the extent strictly necessary for the application of Muslim law before the
Kadhis’ courts, to persons who profess the Muslim religion, in matters
relating to personal status, marriage, divorce and inheritance.
(5) Despite clause (1) and (2), a provision in legislation may limit
the application of the rights or fundamental freedoms in the following
provisions to persons serving in the Kenya Defence Forces or the
National Police Service––
(a) Article 31—Privacy;
(b) Article 36—Freedom of association;
(c) Article 37—Assembly, demonstration, picketing and
petition;
(d) Article 41—Labour relations;
(e) Article 43—Economic and social rights; and
(f) Article 49—Rights of arrested persons.
25. Despite any other provision in this Constitution, the following
Fundamental Rights
rights and fundamental freedoms shall not be limited––
(a) freedom from torture and cruel, inhuman or degrading
treatment or punishment;
(b) freedom from slavery or servitude;
and freedoms that
may not be limited.