[Rev. 2012]
Kenya Defence Forces
Kenya Defence Forces
CAP. 199
(3) The limitation under this Part shall comply with Article 24 of the Constitution
and shall satisfy the following four criteria—
(a) ensure the protection of national security, public safety, public order,
public health or morals, protection of the rights and freedoms of
others;
(b) be necessary to achieve the mandate of the Defence Forces;
(c) operate without discrimination; and
(d) be exceptional and not impair the essence of the freedom being
limited.
44. Limitation to freedom of conscience, religion, thought, belief and opinion
(1) The right to freedom of conscience, religion, thought, belief and opinion set
out in Article 32 of the Constitution shall be subject to limitations in respect of a
person to whom this Act applies only under the conditions set out in subsection (2).
(2) Nothing contained in or done under the authority of this Act shall be held to
be inconsistent with or in contravention of freedom of conscience, religion, thought,
belief and opinion set out in Article 32 of the Constitution if that act is reasonably
done—
(a) in the interests of defence, security, public safety, public order, public
morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons
including the right to observe and practice religion, belief, opinion
without the unsolicited intervention of members of another religion; or
(c) for good order and discipline in the Defence Forces.
45. Limitation of freedom of expression
(1) The right to freedom of expression set out in Article 33 of the Constitution
shall be subject to limitation in respect of a person to whom this Act applies only
under the conditions set out in subsection (2).
(2) The limitation to freedom of expression shall be to the extent that it is done—
(a) in the interests of national defence, national security, public safety,
public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of
other persons or the private persons concerned in legal proceedings,
preventing the disclosure of information received in confidence,
maintaining the authority and independence of the courts martial
or regulating the technical administration or the technical operation
of telecommunication, posts, wireless broadcasting, communication,
internet, satellite communication or television;
K7-35
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