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Articles 37, 43 & 29 of our Constitution

Articles 37, 43 & 29 of the Constitution of Kenya

This response will discuss the provisions of Articles 37, 43, and 29 of the Constitution of Kenya, 2010.

Table of Contents

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

    1. Right to Assemble

    2. Right to Demonstrate

    3. Right to Picket

    4. Right to Petition

    5. Limitations on the Rights

  2. Article 43: Economic and Social Rights

    1. Right to Work

    2. Right to Education

    3. Right to Healthcare

    4. Right to Social Security

    5. Right to Housing

    6. Right to Food

    7. Right to Water

    8. Right to Clean and Healthy Environment

    9. Limitations on the Rights

  3. Article 29: Protection of Property

    1. Right to Property

    2. Compulsory Acquisition of Property

    3. Compensation for Compulsory Acquisition

    4. Limitations on the Right to Property

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

Article 37 of the Constitution of Kenya, 2010, guarantees the right to assemble, demonstrate, picket, and petition. These rights are fundamental to a democratic society and allow citizens to express their views and participate in the political process.

1.1 Right to Assemble

The right to assemble peacefully and unarmed is enshrined in Article 37(1) of the Constitution. This right allows individuals to gather together for a common purpose, such as discussing issues of public concern, expressing their views, or engaging in collective action.

1.2 Right to Demonstrate

Article 37(2) of the Constitution guarantees the right to demonstrate peacefully and unarmed. This right allows individuals to express their views publicly through marches, rallies, or other forms of protest.

1.3 Right to Picket

Article 37(3) of the Constitution guarantees the right to picket peacefully and unarmed. This right allows individuals to gather in front of a particular place, such as a government building or a business, to express their views or to draw attention to a particular issue.

1.4 Right to Petition

Article 37(4) of the Constitution guarantees the right to petition the government or any other authority. This right allows individuals to present their grievances or proposals to the authorities in writing or orally.

1.5 Limitations on the Rights

While these rights are fundamental, they are not absolute. Article 37(5) of the Constitution allows for limitations on these rights if they are necessary to protect national security, public order, public health, or the rights and freedoms of others.

2. Article 43: Economic and Social Rights

Article 43 of the Constitution of Kenya, 2010, guarantees a range of economic and social rights, which are essential for the well-being and dignity of all citizens. These rights are aimed at ensuring that everyone has the opportunity to live a decent life and to participate fully in society.

2.1 Right to Work

Article 43(1)(a) of the Constitution guarantees the right to work. This right includes the right to choose one's work, to fair and safe working conditions, and to a living wage.

2.2 Right to Education

Article 43(1)(b) of the Constitution guarantees the right to education. This right includes the right to free and compulsory basic education, the right to access higher education, and the right to quality education.

2.3 Right to Healthcare

Article 43(1)(c) of the Constitution guarantees the right to healthcare. This right includes the right to access affordable and quality healthcare services, the right to preventive healthcare, and the right to access essential medicines.

2.4 Right to Social Security

Article 43(1)(d) of the Constitution guarantees the right to social security. This right includes the right to social insurance, the right to unemployment benefits, and the right to disability benefits.

2.5 Right to Housing

Article 43(1)(e) of the Constitution guarantees the right to housing. This right includes the right to adequate housing, the right to security of tenure, and the right to access affordable housing.

2.6 Right to Food

Article 43(1)(f) of the Constitution guarantees the right to food. This right includes the right to access sufficient, safe, and nutritious food, the right to food security, and the right to participate in food production.

2.7 Right to Water

Article 43(1)(g) of the Constitution guarantees the right to water. This right includes the right to access clean and safe water, the right to water security, and the right to participate in water management.

2.8 Right to Clean and Healthy Environment

Article 43(1)(h) of the Constitution guarantees the right to a clean and healthy environment. This right includes the right to access clean air, water, and land, the right to protection from pollution, and the right to participate in environmental management.

2.9 Limitations on the Rights

While these rights are fundamental, they are not absolute. Article 43(2) of the Constitution allows for limitations on these rights if they are necessary to protect national security, public order, public health, or the rights and freedoms of others.

3. Article 29: Protection of Property

Article 29 of the Constitution of Kenya, 2010, guarantees the right to property, which is a fundamental right that protects individuals from arbitrary deprivation of their property.

3.1 Right to Property

Article 29(1) of the Constitution guarantees the right to own property, either individually or in association with others. This right includes the right to acquire, hold, use, enjoy, dispose of, and inherit property.

3.2 Compulsory Acquisition of Property

Article 29(2) of the Constitution allows for the compulsory acquisition of property by the State for public purposes. However, this acquisition must be done in accordance with the law and must be accompanied by just compensation.

3.3 Compensation for Compulsory Acquisition

Article 29(3) of the Constitution states that compensation for compulsory acquisition of property must be fair and prompt. The compensation must be based on the market value of the property at the time of acquisition, and it must be paid in full before the property is taken over.

3.4 Limitations on the Right to Property

Article 29(4) of the Constitution allows for limitations on the right to property if they are necessary to protect national security, public order, public health, or the rights and freedoms of others.

Conclusion

Articles 37, 43, and 29 of the Constitution of Kenya, 2010, are essential provisions that guarantee fundamental rights and freedoms to all citizens. These rights are crucial for a just and equitable society, and they must be protected and upheld by the State.

Sources:

  • The Constitution of Kenya, 2010

  • Kenya Law Reform Commission

  • The Judiciary of Kenya

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