“Our freedom, God given liberties and inalienable constitutional rights are not the preserve of the dull, ignorant, conceited, corrupt few. They shall be preserved by a well informed and engaged public; it is therefore, the God given duty and responsibility of all and sundry to familiarize themselves with the Bill of Rights. Because this is a basic entitlement for the people against any government. The Bill of Rights is of the people, by the people; and it is not subject to be altered willy nilly by anyone. It is a gift from nature, to all declaring inalienable rights of man; not only against the government but the people too. This is the inescapable interrelational reality of democracy”.
2010 Kenya Constitution – Chapter Four Part 1; The Bill of Rights:
Part 1- General provisions relating to the Bill of Rights;
Rights and fundamental freedoms;
- The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
- 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 realization of potential of all human beings.
- The Rights and Fundamental Freedoms in the Bill of Rights-
- Belong to each individual and are not granted by the state;
- Do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognized or conferred by law, except to the extent that they are inconsistent with this chapter; and
- Are subject only to the limitations contemplated in this Constitution.
Application of Bill of Rights;
- The Bill of Rights applies to all law and binds all state organs and all persons.
- 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 freedom.
- In applying a provision of the Bill of Rights, a court shall-
- Develop the law to the extent that does not give effect to a right or fundamental freedom; and
- Adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
- In interpreting the Bill of Rights, a court, tribunal or other authority shall promote-
- The values that underlie an open and democratic society based in human dignity, equality, equity and freedom; and
- The spirit, purport and objects of the Bill of Rights.
- In applying any right under Article 43, if the State claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principles-
- It is the responsibility of the State to show that the resources are not available;
- In allocating 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
- The court, tribunal or other authority may not interfere with a decision by State organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion.
Njoroge Wanjigi is a multi-faceted individual, a seasoned Sales and Marketing Executive, an accomplished Corporate Trainer, Freelance Writer, Published Author, Corporate/Public Motivational Speaker, A Civic/Community Organizer and mobiliser, A President in waiting; Feel free to contact him at +254702784879, +254777784879 or +254726949924, email@example.com cc firstname.lastname@example.org, Facebook: Njoroge.wanjigi Twitter: Njoroge_Wanjigi, http://za.linkedin.com/in/NjorogeWanjigi