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article 29 of the constitution of kenya

Introduction

Article 29 of the Constitution of Kenya, 2010, is a fundamental provision that outlines the right to freedom and security of the person. This article is part of the Bill of Rights, which is enshrined in Chapter Four of the Constitution. The Bill of Rights is a cornerstone of Kenya's democratic governance, ensuring the protection of individual liberties and human dignity.

Table of Contents

1. Overview of Article 29

2. Detailed Provisions of Article 29

   • 2.1 Right to Freedom and Security of the Person

   • 2.2 Protection from Arbitrary Detention

   • 2.3 Protection from Torture and Cruel Treatment

   • 2.4 Protection from Slavery and Servitude

3. Related Legal Provisions

   • 3.1 International Human Rights Instruments

   • 3.2 National Legislation

4. Conclusion

1. Overview of Article 29

Article 29 of the Constitution of Kenya, 2010, guarantees the right to freedom and security of the person. This right is essential for the protection of human dignity and personal autonomy. The article is divided into several sub-articles, each addressing specific aspects of this right.

2. Detailed Provisions of Article 29

2.1 Right to Freedom and Security of the Person

Article 29(a) states:

• "Every person has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause."

This provision ensures that individuals cannot be detained or imprisoned without a legitimate reason. Arbitrary detention is prohibited, and any deprivation of liberty must be justified by law.

2.2 Protection from Arbitrary Detention

Article 29(b) states:

• "Every person has the right to freedom and security of the person, which includes the right not to be detained without trial, except during a state of emergency, in which case the detention is subject to Article 58."

This sub-article protects individuals from being held in custody without a fair trial. It emphasizes the importance of due process and the rule of law. Detention without trial is only permissible under specific circumstances, such as a state of emergency, and even then, it must comply with the provisions of Article 58.

2.3 Protection from Torture and Cruel Treatment

Article 29(c) and (d) state:

• "Every person has the right to freedom and security of the person, which includes the right not to be subjected to any form of violence from either public or private sources."

• "Every person has the right to freedom and security of the person, which includes the right not to be subjected to torture in any manner, whether physical or psychological."

These provisions prohibit any form of violence, torture, or inhumane treatment. They apply to actions by both state and non-state actors, ensuring comprehensive protection for individuals.

2.4 Protection from Slavery and Servitude

Article 29(e) and (f) state:

• "Every person has the right to freedom and security of the person, which includes the right not to be subjected to corporal punishment."

• "Every person has the right to freedom and security of the person, which includes the right not to be subjected to slavery or servitude."

These sub-articles explicitly ban corporal punishment, slavery, and servitude. They underscore the commitment to human dignity and the prohibition of practices that degrade or exploit individuals.

3. Related Legal Provisions

3.1 International Human Rights Instruments

Kenya is a signatory to several international human rights treaties that reinforce the protections outlined in Article 29. These include:

• The Universal Declaration of Human Rights (UDHR)

• The International Covenant on Civil and Political Rights (ICCPR)

• The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

These international instruments provide a broader context for understanding and implementing the rights enshrined in Article 29.

3.2 National Legislation

Several national laws complement and operationalize the rights guaranteed under Article 29. These include:

• The Penal Code (Cap 63)

• The Criminal Procedure Code (Cap 75)

• The Prevention of Torture Act, 2017

These statutes provide the legal framework for protecting individuals from arbitrary detention, torture, and other forms of inhumane treatment.

Conclusion

Article 29 of the Constitution of Kenya, 2010, is a vital provision that safeguards the right to freedom and security of the person. It encompasses protections against arbitrary detention, violence, torture, and exploitation. By aligning with international human rights standards and national legislation, Article 29 ensures comprehensive protection for individuals, reinforcing the principles of human dignity and the rule of law.

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