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Articles 37, 43 & 29 of our Constitution

Sources

  • Constitution of Kenya, 2010

    • Article 37: Right of Assembly, Demonstration, Picketing, and Petition

    • Article 43: Economic and Social Rights

    • Article 29: Freedom and Security of the Person

Table of Contents

  1. Article 37: Right of Assembly, Demonstration, Picketing, and Petition

  2. Article 43: Economic and Social Rights

  3. Article 29: Freedom and Security of the Person


1. Article 37: Right of Assembly, Demonstration, Picketing, and Petition

Source: Constitution of Kenya, 2010

Article 37 of the Constitution of Kenya, 2010, guarantees the right to assemble, demonstrate, picket, and present petitions to public authorities. This right is fundamental in a democratic society as it allows citizens to express their views and grievances publicly.

  • Right to Assemble: Citizens have the right to come together in a peaceful manner for a common purpose.

  • Right to Demonstrate: This includes the right to participate in public demonstrations to express opinions or protest against issues.

  • Right to Picket: Citizens can peacefully picket, which involves standing or marching in a public place to express a viewpoint.

  • Right to Petition: Individuals have the right to present petitions to public authorities, seeking redress or action on various issues.

This article ensures that these activities are conducted peacefully and without arms. It is a crucial aspect of participatory democracy, allowing citizens to engage directly with their government.

2. Article 43: Economic and Social Rights

Source: Constitution of Kenya, 2010

Article 43 of the Constitution of Kenya, 2010, outlines the economic and social rights that every person in Kenya is entitled to. These rights are essential for ensuring a basic standard of living and promoting social justice.

  • Right to Health: Every person has the right to the highest attainable standard of health, which includes the right to healthcare services, including reproductive health care.

  • Right to Housing: Every person has the right to accessible and adequate housing, and to reasonable standards of sanitation.

  • Right to Food: Every person has the right to be free from hunger and to have adequate food of acceptable quality.

  • Right to Water: Every person has the right to clean and safe water in adequate quantities.

  • Right to Social Security: Every person has the right to social security.

  • Right to Education: Every person has the right to education.

These rights are aimed at ensuring that all individuals can live in dignity and have access to the basic necessities of life. The state is obligated to take legislative, policy, and other measures to achieve the progressive realization of these rights.

3. Article 29: Freedom and Security of the Person

Source: Constitution of Kenya, 2010

Article 29 of the Constitution of Kenya, 2010, guarantees the right to freedom and security of the person. This article is fundamental in protecting individuals from various forms of abuse and ensuring personal liberty.

  • Freedom from Arbitrary Detention: No one shall be deprived of freedom arbitrarily or without just cause.

  • Freedom from Violence: Every person has the right to be free from all forms of violence from either public or private sources.

  • Freedom from Torture: No one shall be subjected to torture in any manner, whether physical or psychological.

  • Freedom from Cruel, Inhuman, or Degrading Treatment: Every person has the right to be free from cruel, inhuman, or degrading treatment or punishment.

  • Freedom from Slavery and Servitude: No one shall be held in slavery or servitude.

  • Freedom from Forced Labour: No one shall be required to perform forced labour.

This article ensures that individuals are protected from any form of physical or psychological harm and that their personal liberty is respected and upheld.


These articles collectively contribute to the protection and promotion of fundamental human rights and freedoms in Kenya, ensuring that individuals can live with dignity, participate in democratic processes, and have access to essential services and protections.

Answered by mwakili.com