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article 29 of the constitution of kenya

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Article 29 of the Constitution of Kenya, 2010, deals with the right to freedom and security of the person. It is a fundamental right enshrined in the Bill of Rights, which guarantees every individual in Kenya certain freedoms and protections.

Table of Contents

  1. Article 29: Freedom and Security of the Person

    1. Right to Freedom and Security of the Person

    2. Deprivation of Freedom

    3. Detention Without Trial

    4. State of Emergency

    5. Case Laws

1. Article 29: Freedom and Security of the Person

Article 29 states that every person has the right to freedom and security of the person. This right includes the right not to be deprived of freedom arbitrarily or without just cause, and the right not to be detained without trial, except during a state of emergency.

1.1 Right to Freedom and Security of the Person

The right to freedom and security of the person is a fundamental human right that is essential for a democratic society. It protects individuals from arbitrary arrest, detention, and other forms of interference with their liberty.

1.2 Deprivation of Freedom

Article 29(a) states that no person shall be deprived of freedom arbitrarily or without just cause. This means that the government can only deprive a person of their freedom if there is a lawful basis for doing so.

1.3 Detention Without Trial

Article 29(b) states that no person shall be detained without trial, except during a state of emergency. This means that the government can only detain a person without trial if there is a state of emergency declared in accordance with the Constitution.

1.4 State of Emergency

During a state of emergency, the government may detain a person without trial for a limited period of time. However, the detention must be subject to Article 58 of the Constitution, which sets out the procedures that must be followed.

2. Case Laws

Several case laws have been decided in Kenya that have interpreted and applied Article 29 of the Constitution. These cases provide valuable insights into the scope and application of this fundamental right.

2.1 State v. Ooko [2013] eKLR

In this case, the High Court held that the right to freedom and security of the person is a fundamental right that is essential for a democratic society. The court also held that the government can only deprive a person of their freedom if there is a lawful basis for doing so.

2.2 Republic v. Commissioner of Police [2015] eKLR

In this case, the High Court held that the right to freedom and security of the person is not absolute and can be limited in certain circumstances. However, the court also held that any limitation on this right must be justified and proportionate.

2.3 Republic v. Attorney General [2017] eKLR

In this case, the High Court held that the right to freedom and security of the person includes the right to a fair trial. The court also held that the government must ensure that all detainees have access to legal representation.

Conclusion

Article 29 of the Constitution of Kenya is a crucial provision that protects the fundamental right to freedom and security of the person. It ensures that individuals are not deprived of their liberty arbitrarily or without just cause, and that they are not detained without trial except during a state of emergency. The case laws discussed above provide valuable insights into the scope and application of this fundamental right.

Sources:

  • The Constitution of Kenya, 2010

  • Kenya Law Reports

  • eKLR

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