The Constitution of Kenya respects at the Preamble the environment as our heritage with determined sustainability to benefit the future generations.
The Constitution of Kenya recognizes at Article 1 the sovereignty of the people with sovereign power being delegated to the Parliament, The National Executive, the judiciary and independent commissions.
The supremacy of the constitution of Kenya is underscored under Article 2 thereof with the directive that the Constitution of Kenya is the supreme law and binds all persons and all state organs.
The Constitution of Kenya recognizes, by dint of Article 2(5)(6), the formation of General Rules of International law, Treaties and Conventions to be part of our laws as ratified under the Constitution of Kenya 2010.
All State Officers, Public Offices and any International Persons/Body operating in Kenya are obliged to comply with national values and principles of governance set out in Article 10 of the Constitution of Kenya 2020 whenever they apply or interpret the Constitution of Kenya and apply and interpret any law whether it is a statute or ratified international law. This values include the rule of law, social justice, good governance, integrity, transparency and accountability.
Chapter Four of the Constitution of Kenya entrenches the Bill of Rights as an integral part of Kenya’s democratic state and is the framework of social, economic and cultural policies.
The recognition under Article 19(1) and (3) of the Constitution of Kenya that the Bill of Rights is an integral part of Kenya’s democratic state and is the framework of social, economic and cultural policies. The rights and fundamental freedoms in the Bill of Rights belong to each individual and are not granted by the state, and are subject only to the limitations given under the Constitution.
Article 21 (1) of the Constitution commands that it is the fundamental duty of the state and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.
Article 21 (3) of the Constitution of Kenya 2010 imposes a duty on all state organs and public officers to address the needs of vulnerable groups within the society including but not limited to women, older members of the society, persons with disability, children, youth, members of minority or marginalized communities, members of particular ethnic, religious or cultural communities.
Article 24 of the Constitution prohibits against limitation of rights and fundamental freedoms except in a manner set out in the constitution in particular that imposition of a duty on the state to justify any limitation of rights under any legislation failing which the limitation shall be deemed as invalid
The right to equality and freedom from discrimination under Article 27 of the Constitution which include the right to equal protection and equal benefit of the law, full and equal enjoyment of all rights and fundamental freedoms, non-discrimination on account of ethnic or social origin, age, disability, religion, belief, culture and language at birth.
Article 29 gives the right to freedom and security of the person including the right not to be subjected to torture in any manner, whether physical or psychological.
The right to freedom of expression, which includes freedom to seek, receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research given under Article 33(1) (a), (b) and (c) of the Constitution of Kenya.
Article 42 guaranteed the right to clean and healthy environment including the protection of the environment for the benefit of the present and future generations.
Economic and social rights including the right to the highest attainable standard of health; adequate and accessible housing with reasonable standards of sanitation; free from hunger with adequate food of acceptable quality; clean and safe water in an adequate quantity, social security and education as given under article 43 of the constitution.
The right given to any person upon the state under Article 70 of the Constitution of Kenya to seek redress in vindication of denial, violation, infringement or threat in that regard to the right to a clean and healthy environment.
The right to fair administrative action under Article 47(1) of the Constitution of Kenya which includes the right to fair administrative action that is effective, efficient, lawful, reasonable and procedurally fair.
The right under 47(2) of the Constitution of Kenya to be given written reasons for any administrative action likely to adversely affect a right or fundamental freedom.
The right to every child to free and compulsory education given under Article 53(1)(b) of the Constitution of Kenya.
The right of persons with disability to be treated with dignity and respect, to access educational institutions and facilities for persons with disability that are all integrated into society to the extent compatible with the interest of the persons under Article 54(1)(b), (d) and (e) of the Constitution of Kenya.
The right for every youth to access inter alia relevant education and training; protection from exploitation in terms of Article 55 (a) and (d) of the Constitution of Kenya.
The mandate and obligation on the part of State under Article 56 (a) (d) and (e) of the Constitution of Kenya to put in place affirmative action programs designed to ensure that minorities and marginalized groups to participate and represented in governance and other spheres of life, develop their cultural values, languages and practices, and have a reasonable access to water, health services and infrastructure.
The State is obligated, under Article 57 of the Constitution of Kenya, to take measures to ensure the rights of Older Persons to:
To fully participate in the affairs of the society
To pursue their personal development
To live in dignity and respect, free from abuse
To receive reasonable care and assistance from their family and the State.
All persons operating in Kenya including State Officers, Public Officers or/and International bodies/Persons holding any land to use, manage or hold that land in a manner that is equitable, efficient, productive, sustainable and in accordance with land policy principles. These principles include, among others, sustainable and productive management of land resources, transparent and cost effective administration of land, and sound conservation and protection of ecologically sensitive areas.