Ask a lawyer:
Articles 37, 43 & 29 of our Constitution
Introduction
The Constitution of Kenya, 2010, is the supreme law of the Republic of Kenya. It outlines the structure of the government, the rights and duties of citizens, and the principles that guide the country's legal and political framework. Articles 37, 43, and 29 of the Constitution are particularly significant as they address fundamental rights and freedoms, economic and social rights, and the limitations on these rights, respectively.
Table of Contents
Article 37: Assembly, Demonstration, Picketing, and Petition
Article 43: Economic and Social Rights
Article 29: Freedom and Security of the Person
Conclusion
Sources
1. Article 37: Assembly, Demonstration, Picketing, and Petition
Article 37 of the Constitution of Kenya 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 and peacefully.
Key Provisions
Right to Assemble: Citizens have the right to gather in public or private spaces to discuss and express their views on various issues.
Right to Demonstrate: This includes the right to participate in peaceful protests and marches to draw attention to specific issues.
Right to Picket: Citizens can peacefully gather outside a place of work or other locations to express their views or grievances.
Right to Petition: Individuals and groups can present petitions to public authorities to request action or express concerns.
These rights are subject to limitations that are necessary in a democratic society, such as maintaining public order, protecting public health, and respecting the rights and freedoms of others.
2. Article 43: Economic and Social Rights
Article 43 of the Constitution of Kenya enshrines various economic and social rights, which are essential for the well-being and dignity of individuals. These rights include:
Key Provisions
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.
The State is obligated to take legislative, policy, and other measures, including the setting of standards, to achieve the progressive realization of these rights.
3. Article 29: Freedom and Security of the Person
Article 29 of the Constitution of Kenya guarantees the right to freedom and security of the person. This right is crucial for the protection of individuals from various forms of abuse and violence.
Key Provisions
Freedom from Arbitrary Detention: No person shall be subjected to arbitrary arrest, detention, or imprisonment.
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 person shall be subjected to torture in any manner, whether physical or psychological.
Freedom from Inhuman Treatment: Every person has the right to be free from cruel, inhuman, or degrading treatment or punishment.
Freedom from Slavery: No person shall be held in slavery or servitude.
Freedom from Forced Labour: No person shall be required to perform forced labour.
These provisions ensure that individuals are protected from abuses that infringe on their dignity and personal security.
Conclusion
The Constitution of Kenya, 2010, through Articles 37, 43, and 29, provides robust protections for fundamental rights and freedoms. Article 37 ensures the right to peaceful assembly, demonstration, picketing, and petitioning. Article 43 enshrines essential economic and social rights, including health, housing, food, water, social security, and education. Article 29 guarantees the right to freedom and security of the person, protecting individuals from arbitrary detention, violence, torture, inhuman treatment, slavery, and forced labour. These provisions are vital for the protection and promotion of human dignity and the realization of a just and equitable society.
Sources
Answered by mwakili.com