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article 29 of the constitution of kenya

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Introduction

Article 29 of the Constitution of Kenya, 2010, is a critical provision that guarantees 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 legal framework, ensuring the protection of fundamental human rights and freedoms.

Overview of Article 29
Key Provisions of Article 29
Relevant Case Laws
Conclusion
Sources

1. Overview of Article 29

Article 29 of the Constitution of Kenya, 2010, provides for the right to freedom and security of the person. This right is essential for the protection of individuals against arbitrary actions by the state or other entities. It encompasses several specific protections, including freedom from arbitrary detention, torture, and other forms of inhumane treatment.

2. Key Provisions of Article 29

Article 29 states:

"Every person has the right to freedom and security of the person, which includes the right not to be—

(a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner."

Breakdown of Provisions

Arbitrary Deprivation of Freedom (29(a)): This clause protects individuals from being deprived of their liberty without a legitimate reason. It ensures that any deprivation of freedom must be justified and lawful.
Detention Without Trial (29(b)): This provision prohibits detention without trial, except under specific conditions during a state of emergency as outlined in Article 58. This is a safeguard against indefinite detention without due process.
Protection from Violence (29(c)): This clause ensures protection from violence, whether it originates from public authorities or private individuals. It underscores the state's duty to protect individuals from harm.
Prohibition of Torture (29(d)): This provision categorically prohibits torture in any form, whether physical or psychological. It aligns with international human rights standards against torture.
Corporal Punishment (29(e)): This clause bans corporal punishment, reflecting a commitment to humane treatment and the dignity of the individual.
Cruel, Inhuman, or Degrading Treatment (29(f)): This provision prohibits any treatment or punishment that is cruel, inhuman, or degrading, ensuring respect for human dignity.

3. Relevant Case Laws

1. Anarita Karimi Njeru v The Republic (1976-1980) KLR 1272

Parties: Anarita Karimi Njeru (Appellant) vs. The Republic (Respondent)
Outcome: The court emphasized the need for constitutional petitions to be drafted with precision, ensuring that the rights claimed are clearly articulated.
Relevance: This case underscores the importance of clearly defining the rights being claimed under the Constitution, including those under Article 29.

2. Kahiu v. Mutua

Parties: Wanuri Kahiu (Petitioner) vs. Ezekiel Mutua (Respondent)
Outcome: The court read Article 29 alongside Articles 53 and 55, emphasizing the protection of children from abuse and harmful practices.
Relevance: This case highlights the application of Article 29 in protecting individuals, particularly vulnerable groups like children, from inhumane treatment.

3. Petition 4 of 2020 [Formerly Mombasa HC Petition 29 of 2020]

Parties: Unspecified
Outcome: The court determined the scope of the right to access information under Article 35 and its interplay with other constitutional provisions.
Relevance: This case illustrates the judiciary's role in interpreting and enforcing constitutional rights, including those under Article 29.

4. 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 provides comprehensive protections against arbitrary detention, violence, torture, and inhumane treatment. The judiciary has played a crucial role in interpreting and enforcing these rights, ensuring that individuals are protected from abuses and that their dignity is upheld.

5. Sources

These sources provide comprehensive information on the constitutional provisions and relevant case laws that interpret and enforce Article 29 of the Constitution of Kenya, 2010.