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Articles 37, 43 & 29 of our Constitution
Table of Contents
Article 37: Right to a Fair Trial
Article 43: Right to Property
Article 29: Right to Equality and Freedom from Discrimination
1. Article 37: Right to a Fair Trial
Sources:
The Constitution of Kenya, 2010
Article 37: Right to a fair trial
Article 37 of the Constitution of Kenya, 2010 guarantees the right to a fair trial for all persons. This right is fundamental and essential for the protection of individual liberty and the rule of law.
Key Provisions of Article 37:
Presumption of Innocence: Every person is presumed innocent until proven guilty. This means that the burden of proof lies on the prosecution to establish the guilt of the accused beyond a reasonable doubt.
Right to be Informed of the Charge: Every person charged with a criminal offense has the right to be informed promptly and in detail of the nature and cause of the accusation against them.
Right to Legal Representation: Every person charged with a criminal offense has the right to be represented by a lawyer of their choice. If they cannot afford legal representation, the State shall provide them with legal aid.
Right to a Public Trial: Every person charged with a criminal offense has the right to a public trial before a court of law. This ensures transparency and accountability in the judicial process.
Right to a Fair Hearing: Every person charged with a criminal offense has the right to a fair hearing, which includes the right to be present at their trial, the right to examine witnesses against them, and the right to present evidence in their defense.
Right to a Speedy Trial: Every person charged with a criminal offense has the right to a speedy trial. This ensures that the accused is not subjected to prolonged detention without a trial.
Right to Appeal: Every person convicted of a criminal offense has the right to appeal against their conviction or sentence.
Importance of Article 37:
Protection of Individual Liberty: Article 37 safeguards individual liberty by ensuring that no one is deprived of their freedom without due process of law.
Rule of Law: The right to a fair trial is a cornerstone of the rule of law. It ensures that the law is applied fairly and impartially to all.
Accountability and Transparency: The right to a public trial promotes accountability and transparency in the judicial process.
Access to Justice: Article 37 guarantees access to justice for all, regardless of their financial means.
2. Article 43: Right to Property
Sources:
The Constitution of Kenya, 2010
Article 43: Right to property
Article 43 of the Constitution of Kenya, 2010 guarantees the right to property for all persons. This right is fundamental and essential for the protection of individual economic security and the promotion of economic development.
Key Provisions of Article 43:
Right to Own Property: Every person has the right to own property, either individually or in association with others.
Protection of Property Rights: The State shall protect the right to property, including the right to acquire, hold, use, enjoy, dispose of, and inherit property.
Compensation for Compulsory Acquisition: No person shall be deprived of their property except in accordance with the law and subject to payment of prompt and adequate compensation.
Right to Access Land: Every person has the right to access land, including the right to acquire, hold, use, enjoy, dispose of, and inherit land.
Land Reform: The State shall promote land reform with a view to ensuring equitable access to land and the efficient utilization of land resources.
Importance of Article 43:
Economic Security: The right to property provides individuals with economic security by enabling them to own and control assets.
Economic Development: The protection of property rights encourages investment and economic growth.
Social Justice: Land reform aims to ensure equitable access to land, promoting social justice and reducing inequality.
Environmental Protection: The right to property can be used to protect the environment by enabling individuals to own and manage land sustainably.
3. Article 29: Right to Equality and Freedom from Discrimination
Sources:
The Constitution of Kenya, 2010
Article 29: Right to equality and freedom from discrimination
Article 29 of the Constitution of Kenya, 2010 guarantees the right to equality and freedom from discrimination for all persons. This right is fundamental and essential for the promotion of a just and equitable society.
Key Provisions of Article 29:
Equality Before the Law: All persons are equal before the law and are entitled to the equal protection and benefit of the law.
Freedom from Discrimination: No person shall be discriminated against on any ground, including race, sex, pregnancy, marital status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language, or birth.
Affirmative Action: The State shall take legislative and other measures, including affirmative action programs, to promote equality and prevent discrimination.
Prohibition of Hate Speech: The State shall prohibit hate speech and incitement to violence.
Importance of Article 29:
Social Justice: The right to equality and freedom from discrimination promotes social justice by ensuring that all persons are treated fairly and equally.
Human Dignity: The right to equality and freedom from discrimination upholds human dignity by ensuring that all persons are respected and valued.
National Unity: The right to equality and freedom from discrimination promotes national unity by fostering a sense of belonging and shared citizenship.
Economic Development: The right to equality and freedom from discrimination promotes economic development by ensuring that all persons have equal opportunities to participate in the economy.
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