27 Equality and freedom from discrimination

Chapter 4 : Bill of Rights

Part 2 - Rights and fundamental freedoms

Article 27 of the constitution of Kenya 2010

Equality and freedom from discrimination

1. Every one is equal before the law and has the right to equal to treatment, including the right to equal protection and equal protection of the law.
2. Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
3. Women and men have the right equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
4. The state shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
5. A person shall not discriminate directly or indirectly against another person on any grounds specified or contemplated in clause (4).
6. To give full effect to the realization of the rights guaranteed under this Article, the state shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by any individuals or groups because of past discrimination.
7. Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
8. In addition to the measures contemplated in clause (6), the state shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

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