Constitution of Kenya

23. Authority of courts to uphold and enforce the Bill of Rights

Edition: 2010-09-03 · In force

23. Authority of courts to uphold and enforce the Bill of Rights

(1)The High Court has jurisdiction, in accordance with Article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

(2)Parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.

(3)In any proceedings brought under Article 22, a court may grant appropriate relief, including—

(a)a declaration of rights;

(b)an injunction;

(c)a conservatory order;

(d)a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the Bill of Rights and is not justified under Article 24;

(e)an order for compensation; and

(f)an order of judicial review.

Case law referring to this provision

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Source: Kenya Law