22
Constitution of Kenya, 2010
Authority of courts to uphold and enforce the Bill of Rights.
23. (1) The High Court has jurisdiction, in accordance with Article
165, to hear and determine applications for redress of a denial,
violation or infringement of, or threat to, a right or fundamental freedom
in the Bill of Rights.
(2) Parliament shall enact legislation to give original jurisdiction in
appropriate cases to subordinate courts to hear and determine
applications for redress of a denial, violation or infringement of, or
threat to, a right or fundamental freedom in the Bill of Rights.
(3) In any proceedings brought under Article 22, a court may
grant appropriate relief, including—
(a) a declaration of rights;
(b) an injunction;
(c) a conservatory order;
(d) a declaration of invalidity of any law that denies, violates,
infringes, or threatens a right or fundamental freedom in the
Bill of Rights and is not justified under Article 24;
(e) an order for compensation; and
(f) an order of judicial review.
Limitation of rights and fundamental freedoms.
24. (1) A right or fundamental freedom in the Bill of Rights shall
not be limited except by law, and then only to the extent that the
limitation is reasonable and justifiable in an open and democratic
society based on human dignity, equality and freedom, taking into
account all relevant factors, including—
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and
fundamental freedoms by any individual does not prejudice
the rights and fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and
whether there are less restrictive means to achieve the
purpose.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières