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← Your rights and the law

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)
Read the law

Steps

  1. Anyone can go to court claiming a right in the Bill of Rights has been denied, violated or is threatened.
  2. The High Court hears these cases. It can order a declaration of rights, an injunction or compensation, among other remedies.
  3. 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)
  1. The Constitution of Kenya, 2010 parliament.go.ke · read 4 Oct 2026

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