29
Constitution of Kenya, 2010
(c) to be a candidate for public office, or office within a political
party of which the citizen is a member and, if elected, to
hold office.
39. (1) Every person has the right to freedom of movement.
(2) Every person has the right to leave Kenya.
Freedom of
movement and
residence.
(3) Every citizen has the right to enter, remain in and reside
anywhere in Kenya.
40. (1) Subject to Article 65, every person has the right,
Protection of right to
either individually or in association with others, to acquire and own
property.
property––
(a) of any description; and
(b) in any part of Kenya.
(2) Parliament shall not enact a law that permits the State or any
person—
(a) to arbitrarily deprive a person of property of any description
or of any interest in, or right over, any property of any
description; or
(b) to limit, or in any way restrict the enjoyment of any right
under this Article on the basis of any of the grounds specified
or contemplated in Article 27 (4).
(3) The State shall not deprive a person of property of any
description, or of any interest in, or right over, property of any
description, unless the deprivation—
(a) results from an acquisition of land or an interest in land
or a conversion of an interest in land, or title to land, in
accordance with Chapter Five; or
(b) is for a public purpose or in the public interest and is carried
out in accordance with this Constitution and any Act of
Parliament that—
(i) requires prompt payment in full, of just compensation to
the person; and
(ii) allows any person who has an interest in, or right over,
that property a right of access to a court of law.