Can you enforce your constitutional rights against a person or company?
Constitution of Kenya, 2010 · sources read 4 Oct 2026
Yes. The Bill of Rights applies to all law and binds all State organs and all persons, and under the Constitution a 'person' includes a company or other body. So private individuals and companies must also respect your rights.
- Where
- High Court (constitutional petition)
Steps
- Anyone can go to court claiming a right in the Bill of Rights has been denied, violated or is threatened.
- The High Court hears these cases. It can order a declaration of rights, an injunction or compensation, among other remedies.
- No fee may be charged to start the case, and the court can accept informal documents if needed.
Watch out
- Each right applies 'to the greatest extent consistent with the nature of the right'. Some duties, like providing services, fall mainly on the State.
- The duty to observe, protect, promote and fulfil rights is placed on the State and State organs.
- Rights can be limited by law, but only where the limit is reasonable and justifiable in an open and democratic society.
Who this covers
- Everyone. The Bill of Rights binds the State, its organs and all persons.
- 'Person' includes companies, associations and other groups, whether registered or not.
Official sources (1)
- The Constitution of Kenya, 2010 parliament.go.ke · read 4 Oct 2026