ADVOKS GLOBAL · KENYA
National Youth Service Act
46. Conditions for the limitation of rights or fundamental freedoms
Edition: 2024-09-03 · In force
46. Conditions for the limitation of rights or fundamental freedoms
(1)A limitation of a right or fundamental freedom under this Part shall be in compliance with Article 24 of the Constitution and shall—(a)ensure the protection of national security, public safety, public order, public health or morals;(b)the protection of the rights and fundamental freedoms of others;(c)be necessary to achieve the purposes and objects of the Service;(d)be applied without discrimination; and(e)not impair the essence of the right or fundamental freedom being limited.(2)The limitation of rights or fundamental freedoms under this Part, based on human dignity, is necessary for the purposes of employment in the Service in order to ensure—(a)protection of classified information;(b)maintenance and preservation of national security;(c)maintenance of the security and safety of members of the Service;(d)that the enjoyment of a right or a fundamental freedom by a member of the Service does not prejudice the enjoyment of a right or fundamental freedom by another member;(e)good order and discipline in the Service; and(f)public health and safety.