GROUP 2

What are the main rights and freedoms in the Kenyan Constitution, (a minimum of 12
points)- Provide examples of how they have been violated in Kenya.

GROUP MEMBERS
1. FRANCIS JUMA- K59/4565/2019
2. RUKIA KINYUA-K59/4020/2018
3. ASHLEY WANJA-K59/5141/2021
4. IMMANUEL NGUGI-K59/4871/2020

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IMMANUEL NGUGI- K59/4871/2020
26. Right to life
29. Freedom and security of the person
31. Privacy
INTRODUCTION
On the 4th of August 2010, Kenyans from all walks of life voted in favour of the new
constitution. Its promulgation on the 27th of August 2010 marked a pivotal moment in Kenya's
constitutional history. The new constitution was born from the antithesis of a civil war and the
maladies of the old repressive Moi regime that was manifested with extrajudicial killings,
impunity, arbitrary arrests and other crude human rights violations. The tortuous memories of
the Nyayo chambers still resonate today.
The 2010 constitution was seen a transformative reform in the approach of human rights.
Chapter 4 of the constitution is the Bill of Rights that entrenches the fundamental rights and
freedoms of Kenyans. Article 19(1) of the 2010 constitution stipulates that the Bill of Rights is
an integral part of Kenya’s democratic state and is the center framework for social, economic and
cultural policies. The constitution binds all persons and mandates that no one is above the law,
including the president.
Kenya has also ratified international treaties and conventions that protect and guarantee human
rights. Article 2(5) of our 2010 constitution stipulates "The general rules of international law
shall form part of the law of Kenya. (6) Any treaty or convention ratified by Kenya shall form
part of the law of Kenya under this Constitution."
Examples of treaties, agreements and conventions ratified by Kenya include the Rome Statute of
the International Criminal Court, The African Charter on Human and People's Rights(ACHPR),
Universal Declaration of Human Rights (UDHR), The Convention against Torture and Other
Cruel, Inhumane or Degrading Treatment, et al.
However, despite the presence of a comprehensive Kenyan legal framework that provides for the
protection of human rights under the 2010 constitution, a string of human rights violations
continue to take shape mostly by state agencies such as the Police, the National Intelligence
Service and the Directorate of Criminal Investigations. For example, in July this year, veteran
Journalist Macharia Gaitho was seen being bundled in a Subaru by plain clothes DCI
officers in what was later admitted to be a case of mistaken identity by the DCI Boss. His
abduction highlighted the brazen impunity and cruel modus operandi of state agencies. The
harrowing story of the Kitengela Three who were also abducted by hooded men who had
identified themselves as police officers reignite the dark narratives of the Moi regime. While

2
appearing before the National Assembly Administration and Internal Security Committee on
7th November 2024, Police Boss IG Douglas Kanja fervently denied any involvement of security
apparatus in the recent abductions. This is despite prima facie evidence of police involvement in
the abductions and executions.
In a recent meeting at State House in Nairobi, Central Intelligence Agency (CIA) Director
William Burns and Britain's M16 Chief Richard Moore also expressed concerns with
abductions and the manner in which state agencies are targeting human rights defenders. The
Head of State reportedly denied the human rights violations by state agencies and distanced
himself from the allegations. This paper will extensively demonstrate that despite a rigid
constitutional framework in Kenya, human rights violations continue to occur mostly by even
state agencies that have sworn to uphold the rule of law.
1. RIGHT TO LIFE
(Article 26 of the constitution )
The right to life is one of the fundamental rights stipulated in the constitution. State agencies and
all persons are bound by law to protect and preserve life.
Article 26 stipulates;
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 authorised 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.
This right can only be limited under the conditions set out under Article 24. However, since the
promulgation of the 2010 constitution, there has been a consistent sequence of extrajudicial
killings and murders that have infringed the fabric of Article 26. Many people have lost their
lives in various circumstances unjustifiable by law.
Examples include;
a) 2024 Finance Bill protests killings
A string of extrajudicial killings intensified during the recent Finance Bill where protestors were
killed in broad daylight by state agencies. Some were abducted and killed by individuals
believed to be security personnel in brazen violation of the 2010 constitution. For example,
Denzel Omondi a third-year student at Jommo Kenyatta University of Agriculture and
Technology (JKUAT) was found dead dumped in a deserted quarry in Juja. He was among the

3
protestors who had gained access to parliament grounds during the 2024 Finance Bill protests. A
post-mortem report indicated that he had bruises on his neck showing possible signs of torture
before murder. Dozens of Kenyans were abducted and killed by agents believed to be drawn
from the police.
b) Recent spate of criminal murders
On the 6th of November 2024, the headline on the Star newspaper highlighted the recent ongoing
murders where women form majority of the victims such as the gruesome murders of women
in Eastleigh, Nairobi.
c)An NHIF whistleblower, Lilian Waithera, was killed in by a sniper and died immediately. The
murder was to silence her to ensure no eventual release of the NHIF corruption scandal
information by some high profile individuals. https://nation.africa/kenya/news/mysterious-city-
sniper-murder-of-nhif-woman-and-sh3bn-land-deal-that-never-was-4525422#story
d) The 2017 murder of IEC ICT Boss Chris Msando.
e) The 2020 murder of Kianjakoma brothers by police officers
f) Yala River murders. Dozens of dead bodies continue to be found on River Yala. In 2023, a
report by the Human Rights Organization Missing voices documented that 40 bodies had been
retrieved from Yala River further raising the alert on growing extra judicial killings.
g) NARK leader Martha Karua recently revealed to the country of a special police and military
killer squad that is targeting Kenyans who are criticizing the government.
https://youtu.be/ZGQp_WMNCtg?si=P-QBaOcYwgnn8MPY
Other high profile murders of key individuals in Kenya include the murder and assassinations of
Jacob Juma, and MP Muchai which sparked public outrage.

2. FREEDOM AND SECURITY OF THE PERSON

(Article 29 of the constitution)
It is the mandate of the Kenyan government to ensure freedom and security to all Kenyans as
stipulated by Article 29 of the constitution. However, cases of insecurity and violations to
freedom have been a norm since the promulgation of the constitution. For example the recent
case of the Kitengela Three laid revealed the rogue security apparatus present in the country.
The International Commission of Jurists in its statement on 10 th September 2024 castigated the
security apparatus for their disregard of Article 29 of the constitution. The statement also

4
condemned the continued defiance of court orders by the then Acting Police Boss Gilbert
Mesengeli who had failed to honour a court summon to explain the whereabouts of the three
activists.
Terrorists attacks by the Al Shabaab in addition to claiming lives also threatened the right to
freedom and security of Kenyans. The Al Shabaab during their sporadic attacks on Kenyan soil
abducted several Kenyans including foreign tourists in the coast of Kenya. This was in blatant
violation of Article 29. The state had failed to offer protection against external aggression by
violent extremists.
Other examples of violations to Article 29 include;
 The disappearance of renown political blogger Maverick Aoko.
 The abduction of Wajir MCA Yusuf Hussein.
 Morara Kebaso, an activist, was allegedly abducted by police officers in relation to his
criticism of government development projects. He was denied access to his lawyers as
stipulated in the constitution.
 Bandit hit areas in Rift Valley continue to experience insecurity without the firm response
from the government.
Article 29 stipulates;
Every person has the right to freedom and security of the person, which includes the right not
to be--
(a) deprived of freedom arbitrarily or without just cause;
(b) detained without trial, except during a state of emergency, in which case the detention is
subject to Article 58;
(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner.

3.RIGHT TO PRIVACY
(Article 31 of the constitution)
A recent expository by the Daily Nation sparked public outrage after it revealed how Kenyan
police officers illegally monitor people's mobile phones including their precise location in
complete disregard of Article 31. The surveillance is then used to conduct abductions as was

5
seen in the recent 2024 Finance Bill protests where state agencies used mobile and GPS
surveillance to illegally kidnap those they viewed as protests mobilizers.
Such illegal surveillance is in complete contravention with Article 31 that stipulates the right to
Privacy. The surveillance is also in gross violations of legislations such as the Data Protection
Act and the Kenya Information Communication Act. For example,
Section 15 (1) of the Kenya Information And Communications (Consumer Protection)
Regulations, 2010, states that, “Subject to the provisions of the Act or any other written law, a
licensee shall not monitor, disclose or allow any person to monitor or disclose, the content of any
information of any subscriber transmitted through the licensed systems by listening, tapping,
storage, or other kinds of interception or surveillance of communications and related data.”
Article 31 of the constitution stipulates;
Every person has the right to privacy, which includes the right not to have--
(a) their person, home or property searched;
(b) their possessions seized;
(c) information relating to their family or private affairs unnecessarily required or revealed;
or
(d) the privacy of their communications infringed.

Examples of additional violations to the Right of Privacy include;

a) 2017 vandalization of Miguna Miguna home by police who was the then the National
Resistance Movement leader affiliated with the opposition coalition NASA
b) 2024 security operation on Jimmy Wanjigi's house in Muthaiga in what was purely a
political intimidation tactic. In addition to this violation, his communications were jammed by a
private state vehicle that was stationed near his home.
c) Kenya’s telecommunication companies sharing sensitive data on mobile money
transactions to the Kenya Revenue Authority. This move is an affront to the right to privacy
under the disguise of expanding the government’s tax base.

REFERENCES
Kiage, Karanja, 2024, Kitengela Three: Our 32 days of horror in secret torture cells
https://nation.africa/kenya/news/kitengela-three-our-32-days-of-horror-in-secret-torture-cells--
4769894

6
Maureen Kinyanjui, 2023, 40 bodies have been retrieved from River Yala – report, The Star.
https://www.the-star.co.ke/news/2023-03-24-40-bodies-have-been-retrieved-from-river-yala-
report
Ferdinand Omondi, 2022, Kenya’s River Yala: Mystery and heartbreak of the dead bodies
https://www.bbc.com/news/world-africa-60083684
NARK Kenya leader calls out govt on abductions https://youtu.be/ZGQp_WMNCtg?si=P-
QBaOcYwgnn8MPY

MWAI ASHLEY WANJA- K59/5141/2021

4. FREEDOM OF EXPRESSION
Under Article 33,
a. Every person has the right to freedom of expression, which includes—
i. Freedom to seek, receive or impart information or ideas;
ii. Freedom of artistic creativity; and
iii. academic freedom and freedom of scientific research.

(2) The right to freedom of expression does not extend to—

(a) Propaganda for war;
(b) Incitement to violence;
(c) hate speech; or
(d) Advocacy of hatred that—
(i) Constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27 (4).
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and
reputation of others.
.This right is essential for democratic participation by basically empowering citizens with
knowledge and information thus allowing them to freely share and critique ideas in the confines
of the law. In 2017 High Court ruled that decriminalized “undermining the authority of a public
officer,” . Despite this, laws prohibiting hate speech and incitement to violence are still used to
suppress expression.

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Violations:
● Harassment and Arbitrary Arrest of Activists: Activists in Kenya who are outspoken on
issues of corruption, police brutality, or political misconduct frequently face harassment,
abductions, or intimidation. In August, the state-funded Kenya National Commission on
Human Rights said it had documented at least 73 abductions. But three senior staff told Human
Rights Watch that they stopped public updates due to threats and pressure from senior
government officials. Some of the abductions that have come to light are of notable social media
influencers and activists such as Khalif Kairo, Ernest Nyerere, Zadock Nyamari, Dr Austin
Omondi alias Japrado, Billy Simani, Drey Mwangi, Frank Githiaka, Brian Ngula, and Florence
Atieno who were reported missing as a result of their outspoken stance against the Financial Bill.
Multiple people interviewed by Human Rights Watch, including former detainees, said the police
accused them of attempting to overthrow the government and threatened to kill them if they did
not disclose the identities of protest leaders and funders. This is a clear depiction of the state’s
hand in curtailing the people’s freedom of expression.

● Use of violence on protestors to impede public dissent: Additionally, there have been
several reports of police violence during peaceful demonstrations, where officers used egregious
force to suppress protestors whose aim was to have their concerns heard and addressed. This
ultimately raised concerns from groups like Human Rights Watch and Amnesty International.
The brutal force exerted on the unarmed protestors led to deaths of many in a bid to impede the
people’s expression of dissatisfaction with the Financial Bill.These incidents underscore a
growing pattern of restricting freedom of expression in the face of public opposition to
government policies.
● Censorship of Public Dissent : The government has often censored public protests or
online dissent, especially on social media, where users who criticize leaders may be summoned
for questioning or even detained. In some cases, individuals have been prosecuted under
cybercrime laws for allegedly “undermining authority,” which rights groups argue is a misuse of
these laws to silence critics

5. FREEDOM OF THE MEDIA

(Article 34)
Article 34 protects the freedom and independence of the media in Kenya. It ensures that the state
does not interfere with editorial policies, limit broadcasting rights, or penalize the media for
content unless it violates other specified laws. Media freedom is crucial in safeguarding
democracy by holding leaders accountable and enabling access to information.
In depth, it includes;

8
 (1) Freedom and independence of electronic, print and all other types of media is
guaranteed, but does not extend to any expression specified in Article 33 (2).
(2) The State shall not—
(a) Exercise control over or interfere with any person engaged in broadcasting, the
production or circulation of any publication or the dissemination of information by
any medium; or
(b) Penalize any person for any opinion or view or the content of any broadcast,
publication or dissemination.
(3) Broadcasting and other electronic media have freedom of establishment,
subject only to licensing procedures that—
(a) Are necessary to regulate the airwaves and other forms of signal distribution; and
(b) Are independent of control by government, political interests or commercial interests.

(4) All State-owned media shall—

(a) Be free to determine independently the editorial content of their broadcasts or other
communications;
(b) Be impartial; and
(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
(5) Parliament shall enact legislation that provides for the establishment of a body,
which shall—
(a) Be independent of control by government, political interests or commercial interests;
(b) Reflect the interests of all sections of the society; and
set media standards and regulate compliance with those standards.

Violations:
● Interference with internet access during protests. The government’s interference with
internet access during significant public protests not a foreign concept in the country as
evidenced by the internet disruption that occurred during the #RejectFinanceBill2024
demonstrations. Several human rights groups reported government-led internet disruptions that
were aimed at stifling online discourse about the contentious Finance Bill. The state also
partnered with the largest mobile providers in the country and hindered communication for some
period of time which ultimately facilitated more extra judicial killings around the Githurai area
without the knowledge of the general public. These disruptions, condemned by groups like
Amnesty International Kenya and Access Now, impacted Kenyans’ ability to communicate,
organize, and protest the bill peacefully, causing economic harm and blocking emergency
services from functioning effectively.

9
We also have other instances of online censorship, such as shadow-banning specific hashtags and
throttling social media traffic, which were reported, undermining the public’s ability to
participate in policy debates and freedom of speech.
● Use of excessive and brutal force on reporters by the police: Law enforcers also exerted
pressure on mass media to limit live reporting. In some notable instances, they’ve used excessive
force to drive away reporters that tried to get coverage of the protests and unfortunately ended up
injuring quite a number. Journalist Catherine Wanjeri, is one of many who got shot while she was
working to cover the 2024 protests. This highlights a broader trend of using internet and media
controls to quell dissent in Kenya. Journalists report that they have been harassed and
intimidated by security forces or supporters of politicians, and the government has failed to
adequately investigate these incidents.

6. ACCESS TO INFORMATION
Article 35 guarantees citizens the right to access information held by the state or by another
person, if necessary for the exercise or protection of any right. This right is essential for
transparency, enabling citizens to seek information on public affairs, government contracts,
policies, and other activities affecting the public
It dictates;
(1) Every citizen has the right of access to—
(a) Information held by the State; and
(b) Information held by another person and required for the exercise or protection of any
right or fundamental freedom
(2) Every person has the right to the correction or deletion of untrue or misleading
information that affects the person.
(3) The State shall publish and publicize any important information affecting the
nation.

Violations:
● Denial of Public Contract Information: Despite the right to access information, requests
for details on public projects are frequently denied or delayed, especially in large infrastructure
contracts. It is difficult to keep track of public funds expenditure and county developments in the

10
country because such information is kept discreet. In 2017, citizens and journalists requested
information on Kenya’s debt and the financing terms for the Standard Gauge Railway (SGR)
project.This contract, worth KES 450 billion, generated public calls for disclosure, prompting
civil society organisations like The Institute for Social Accountability (TISA) and Okoa
Mombasa to file a legal petition demanding access to these agreements. However, these details
were withheld, leading to concerns about the potential burden on taxpayers and lack of
transparency in major infrastructure deals. It was only until the year 2022 that Transport Cabinet
Secretary Kipchumba Murkomen released bits and pieces of the financial contracts and withheld
critical details on claims that the contracts signed with financiers demanded some level of
confidentiality.
● Lack of Transparency in Public Health Data: During the COVID-19 pandemic,
transparency around public health spending, procurement of medical supplies, and allocation of
funds was often lacking. When journalists requested access to information on COVID-19
expenditure and distribution of donated medical supplies, access was restricted or requests went
unanswered, limiting public oversight of emergency resources.
● Obstructing Environmental Impact Information: Information on environmental impact
assessments for major projects, such as road construction and urban developments, is often
withheld, despite public concern. For instance, residents seeking information on projects
impacting Nairobi’s Karura Forest and other sensitive areas have found it difficult to access
environmental reports, which raises questions about the environmental and social costs of these
projects

REFERENCES
1. CIPIT Law — Technology-Facilitated Rights and Digital Authoritarianism: Examining
the Recent Internet Shutdown in Kenya – Centre for Intellectual Property and
Information Technology Law
Cipit.or
2. U.S. Department of State — Technical Difficulties
State.gov
3. Human Rights Watch — World Report 2024: Kenya | Human Rights Watch
Hrw.org
4. Amnesty Kenya — Statement on Possible Internet Disruptions during
#RejectFinanceBill2024 Demonstrations – Amnesty Kenya
Amnestykenya.org
5. https://www.article19.org/resources/kenya-access-to-information-regulations/
6. Global Freedom of Expression — Global Freedom of Expression | Okoiti v.
Communications Authority of Kenya – Global Freedom of Expression

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 7. Global Freedom of Expression — Global Freedom of Expression | Kenya Human Rights
Commission v. Communications Authority of Kenya – Global Freedom of Expression
Globalfreedomofexpression.columbia.edu

K59/4020/2018
KINYUA RUKIA MBATA

7. RIGHT TO ASSEMBLY, DEMONSTRATION, PICKETING, AND PETITION

ARTICLE 37
Article 37 of the Kenyan Constitution guarantees every citizen the right to peaceful and unarmed
assembly, demonstration, picketing, and presenting petitions to public authorities. This right
ensures that citizens can express their views, seek redress, and make demands without fear of
violence or repression.

Violations:

12
  Police Brutality During Protests: Peaceful protests have often been met with excessive
police force. An example is the police response to the Kenyan Gen-Z protests, where
demonstrators were dispersed using tear gas, rubber bullets, and, at times, live
ammunition, which led to injuries and even deaths of peaceful citizens such as Rex
 Harassment of Protest Organizers: Organizers of protests or demonstrations sometimes
face intimidation, arrest, or detention. For instance, activists advocating for accountability
in government have been detained without clear charges, stifling their freedom to protest.
 Unlawful Bans on Protests: In some cases, authorities have imposed unlawful bans on
demonstrations, limiting citizens’ ability to exercise this right. This has occurred
especially during political rallies or when protesting economic hardships.

8. POLITICAL RIGHTS
ARTICLE 38
Article 38 guarantees every Kenyan citizen the right to make political choices, including forming
or participating in a political party, voting in elections, and contesting for office if qualified. This
right emphasizes democratic participation, freedom of choice, and active involvement in political
processes.

Violations:
 Intimidation and Violence During Elections: Cases of political violence and
intimidation, particularly during election periods, have infringed upon citizens’ political
rights. Supporters of certain candidates have faced threats, and some political rallies have
turned violent, discouraging free political expression.
 Restricted Voting Access: In remote or marginalized areas, logistical challenges and poor
infrastructure have limited some citizens’ ability to vote, effectively disenfranchising
them. Reports of voter suppression, particularly in areas with political tensions, have
further hindered political participation.
 Corruption in Electoral Processes: Corruption and bribery within electoral bodies have
cast doubt on the fairness of elections, undermining citizens’ trust in the political system
and impeding the exercise of true political rights.

ARTICLE 43: ECONOMIC AND SOCIAL RIGHTS

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Article 43 provides for essential economic and social rights, including the right to health,
adequate housing, food, clean water, social security, and education. These rights ensure that all
Kenyans have access to basic needs, enhancing their well-being and dignity.
Violations:
 Inadequate Access to Healthcare: Public healthcare in Kenya suffers from underfunding
and misappropriation of funds allocated to healthcare leading to limited services, lack of
essential medicines, and strikes by healthcare workers. Many Kenyans, especially in rural
areas, lack adequate healthcare, violating their right to health.
 Housing Challenges: Forced evictions, particularly in informal settlements, have
violated citizens’ right to adequate housing. For example, residents in various Nairobi
slums have been forcibly evicted without proper notice or compensation, leaving families
homeless.
 Water Scarcity and Poor Sanitation: Access to clean water remains a significant issue,
particularly in rural and informal urban areas. In some regions, people must travel long
distances for water, and sanitation facilities are inadequate, affecting their right to clean
water and a healthy environment.

FRANCIS JUMA.
K59/4565/2019.

47 Fair administrative action.

49 Rights of arrested persons.
51 Rights of persons detained, in custody or in prison.

14
In the 2010 constitution of Kenya, Chapter 4 part two -the Bill of Rights….the named 3 articles
above are well stipulated as follows;

. FAIR ADMINISTRATIVE ACTION.

ARTICLE 47
It states;
1.)Every person has the right to administrative action that is expeditious, efficient, lawful ,
reasonable and procedurally fair.
2.)If a rights or fundamental freedom of a person can be adversely affected by the
administrative action, the person has the right to be given written reasons for such action.
3.Parliament shall enact legislation to give effect to rights in clause(1) and that legislation
shall
A)provide for the review of administrative action by a court and if possible by an
independent tribunal and ;
B)promote efficient administration.
(Complemented by the _Fair Administrative Act No. 4 of 2015_ )
Examples of violations
1. In 2015, the Permanent Secretary to the Treasury declined to give sufficient
reasons to the Law Society of Kenya (LSK) on why it rejected its application for
exemption of corporate tax* . _This act was in contravention of Sections 4 (1) and
(2) of the Fair Administrative Action Act of 2015.

2. The Supreme Court of Kenya in January this year through its registrar barred city
Lawyer AhmedNassir Abdullahi SC and his employees from appearing before it
without according him a fair administrative action as required by Article 47.
3. In 2023 the Ministry of Lands deliberately delay in implementing the Public
Service Commission decision of appointment of Dr. Mburu Nga’nga as Chief
Lands Registrar was unlawful and in gross violation to the Fair Administrative
Act of 2015 and

RIGHTS OF ARRESTED PERSONS.

15
ARTICLE 49
1.)An arrested person has the right ;
a)to be informed promptly of the language that the person understands, of;
-the reason of arrest.
-the right to remain silent
-the consequences of not remaining silent.
b)to remain silent.
c)to communicate with an advocate or any other person whose help is necessary.
d)not to be compelled to male any admission or confession that can be used against the
person
e)To be held separately from persons who are serving their term.

f)to be brought before court as soon as reasonably possible but not later than ;
-24 hours after being arrested or
-if the 24hours ends outside ordinary court hours…
g)at the first court appearance, to be charged or informed of the reason of detention
continuing or to be released and;

2.)An arrested person shall not be remanded if the offence is punishable by a fine or a jail term of
not more than 6 months.

Violations

1. In 2016 , Michael Rotich, a member of the Kenyan Sports Team to the

2016 Rio Summer Olympics in Brazil was presented to court without
any charge being preferred against him in violation of Article 49 (g) of
the Constitution..
2. Morara Kebaso, an activist, was recently arrested and denied access to
his Advocate in contravention of Article 49(1)(c)of the Constitution.

16
 3. In 2016, Senator Johnston Muthama, MP Aisha Jumwa, SONU Chair
Babu Owino amongst other leaders were held incommunicado for 3
days..

RIGHTS OF PERSONS DETAINED, IN CUSTODY OR IN PRISON.

ARTICLE 51
(1) A person who is detained, held in custody or imprisoned
Under the law, retains all the rights and fundamental freedoms n the
Bill of Rights, except to the extent that any particular right or a
Fundamental freedom is clearly incompatible with the fact that the
Person is detained, held n custody or imprisoned.
(2) A person who is detained or held in custody is entitled to
Petition for an order of habeas corpus.
(3) Parliament shall enact legislation that—
(a) Provides for the humane treatment of persons detained, held
In custody or imprisoned; and
(b) Takes into account the relevant international human rights Instruments.

Examples.of violations;
The June 2024 Finance Bill protests resulted in unprecedented abductions and unlawful
detentions by state agencies. The brazen impunity attracted condemnation from local and
international Institutions. The Chief Justice in her statement on June 25, 2024 expressed deep
concerns at the unparalleled violations by security agencies and the crude modus operandi of
state machinery.

17
An example of breach of Article 51 of the Constitution was;
The abduction of the Kenya School of Law students president Joshua Okayo by suspected
DCI operatives who detained him beyond the timelines stipulated in the constitution. He was
brutally tortured including strangulation before being thrown besides river Maragua in Murang’a
county. His story re-ignites the chilling narratives of the representative Moi regime which the
2010 Constitution was hoped to extinguish.

Reference .
The Constitution of Kenya, 2010.
www.kenyalaw.org

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