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Constitution of Kenya, 2010
court to which the person is entitled to appeal, or the person
did not appeal within the time allowed for appeal; and
(b) new and compelling evidence has become available.
(7) In the interest of justice, a court may allow an intermediary
to assist a complainant or an accused person to communicate with the
court.
(8) This Article does not prevent the exclusion of the press or
other members of the public from any proceedings if the exclusion
is necessary, in a free and democratic society, to protect witnesses or
vulnerable persons, morality, public order or national security.
(9) Parliament shall enact legislation providing for the protection,
rights and welfare of victims of offences.
Rights of persons
detained, held
in custody or
imprisoned.
51. (1) A person who is detained, held in custody or imprisoned
under the law, retains all the rights and fundamental freedoms in the Bill
of Rights, except to the extent that any particular right or a fundamental
freedom is clearly incompatible with the fact that the person is detained,
held in custody or imprisoned.
(2) A person who is detained or held in custody is entitled to
petition for an order of habeas corpus.
(3) Parliament shall enact legislation that––
(a) provides for the humane treatment of persons detained, held
in custody or imprisoned; and
(b) takes into account the relevant international human rights
instruments.
Part 3––Specific Application of Rights
Interpretation of this
Part.
52. (1) This Part elaborates certain rights to ensure greater
certainty as to the application of those rights and fundamental freedoms
to certain groups of persons.
right.
Children.
(2) This Part shall not be construed as limiting or qualifying any
53. (1) Every child has the right––
(a) to a name and nationality from birth;