Can the government limit your rights?
Constitution of Kenya · sources read 2 Oct 2026
A right can be limited only by a law, and only as far as is reasonable and justifiable in an open and democratic society. Four rights can never be limited: freedom from torture and cruel treatment, freedom from slavery or servitude, the right to a fair trial, and the right to habeas corpus.
- Where
- The High Court (the Supreme Court for state-of-emergency questions)
Steps
- If you believe a limit on your right goes too far, you can ask the High Court to decide whether your right has been denied, violated or threatened.
- In court, it is the State or whoever is limiting the right that must prove the limit meets the Constitution's test.
- During a state of emergency, the Supreme Court can decide whether the declaration and any laws or actions under it are valid.
Watch out
- A new law that limits a right must say clearly which right it limits and how far, and it can never remove the core of the right.
- For soldiers (KDF) and police officers, a law may limit some rights, such as privacy, association, assembly, labour relations and the rights of arrested persons.
- A state of emergency lasts at most 14 days unless the National Assembly extends it, and emergency laws may limit rights only as far as strictly required.
Who this covers
- Every person whose rights in the Bill of Rights are limited by the State or anyone else
Official sources (1)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026