Authority of courts to uphold and enforce the Bill of Rights

Chapter 4: The Bill of Rights

Part 1 - General provisions relating to the Bill of Rights

Article 23 of the Constitution of Kenya 2010

 Authority of courts to uphold and enforce the Bill of Rights

1. The High Court has jurisdiction, in accordance with Article 165: High Court
   , 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 [Enforcement of Bill of Rights], a court may grant appropriate relief, including-
   
   1. a declaration of rights;
   2. an injunction;
   3. a conservatory order;
   4. 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; Limitations of Rights or Fundamental freedoms
      
   5. an order for compensation; and
   6. an order of judicial review.