26 Right to life

Chapter 4: Bill of Rights

Part 2 - Rights and fundamental freedoms

Article 26 of the constitution of Kenya 2010

Right to life

1. Every person has the right to life.
2. The life of a person begins at conception.
3. A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.
4. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.

Implementation of rights and fundamental freedoms

Chapter 4: The Bill of Rights

Part 1 - General provisions relating to the Bill of Rights

Article 21 of the Constitution of Kenya 2010

Implementation of rights and fundamental freedoms

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1. It is a fundamental duty of the State and every State organ to observe, respect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.
2. The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under Article 43: Economic and social rights
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3. All State organs and all public officers have the duty to address the needs of vulnerable groups within the society, including women, older members of the society, persons with disabilities, children, youth, members of the minority or marginalized communities, and members of particular ethnic, religious or cultural communities.
4. The State shall enact and implement legislation to fulfill its international obligations in respect of human rights and fundamental freedoms.

Application of Bill of Rights

Chapter 4: The Bill of Rights

Part 1 - General provisions relating to the Bill of Rights

Article 20 of Constitution of Kenya 2010 

Application of Bill of Rights

1. The Bill of Rights applies to all law and binds all State organs and all persons.
2. Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedoms.
3. In applying a provision of the Bill of Rights, a court shall-
   
   
   1. develop the law to the extent that it does not give effect to the right or fundamental freedom; and
   2. adopt the interpretation that most favours the enforcement of a right.
4. In interpreting the Bill of Rights, a court, tribunal or other authority shall promote-
   
   1. the value that underlie an open and democratic society based on human dignity, equality, equity and freedom; and
      
   2. the spirit of, purport and objects of the Bill of Rights.
      
5. In applying any right under Article 43: Economic and social rights
   , if the State claims that it does not have the resources to implement the right, a court, a tribunal or other authority shall be guided by the following principles-
   
   1. it is the responsibility of the State to show that the resources are not available;
   2. in allocating the resources, the State shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and
   3. the court, tribunal or other authority may not interfere with a decision by the State organ concerning the allocation of available resources, sorely on the basis that it would have reached a different conclusion.

Rights and fundamental freedoms

Chapter 4: The Bill of Rights

Part 1 - General provisions relating to the Bill of Rights

Article 19 of Constitution of Kenya 2010

Rights and fundamental freedoms

1. The Bill of Rights is an integral part of Kenya's democratic state and is the framework for social, economic and cultural policies.

2. The purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.

3. The rights and fundamental freedoms in the Bill of Rights-

   
   
   

   1. belong to each individual and are not granted by the State;

   2. do not include other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this chapter; and

   3. are subject to the limitations contemplated in this Constitution.