Constitution of Kenya (Repealed) - Kenya Law Reports

More documents

Recommendations

Info

58 Constitution of Kenya[Rev. 2009(4) Where a person is brought before a court in execution of theorder of a court in any proceedings or upon suspicion of his havingcommitted or being about to commit an offence, he shall not be thereafterfurther held in custody in connexion with those proceedings or thatoffence save upon the order of a court.(5) If a person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then, without prejudice to anyfurther proceedings that may be brought against him, he shall, unlesshe is charged with an offence punishable by death, be released eitherunconditionally or upon reasonable conditions, including in particularsuch conditions as are reasonably necessary to ensure that he appearsat a later date for trial or for proceedings preliminary to trial.(6) A person who is unlawfully arrested or detained by anotherperson shall be entitled to compensation therefor from that otherperson.Protection fromslavery and forcedlabour.73. (1) No person shall be held in slavery or servitude.(2) No person shall be required to perform forced labour.(3) For the purposes of this section “forced labour” does notinclude -(a) labour required in consequence of the sentence or order ofa court;(b) labour required of a person while he is lawfully detainedthat, though not required in consequence of the sentence ororder of a court, is reasonably necessary in the interests ofhygiene or for the maintenance of the place at which he isdetained;(c) labour required of a member of a disciplined force inpursuance of his duties as such or, in the case of a personwho has conscientious objections to service as a member ofan armed force, labour that that person is required by law toperform in place of such service;(d) labour required during a period when Kenya is at war or anorder under section 85 is in force or in the event of any otheremergency or calamity that threatens the life or well-being ofthe community, to the extent that the requiring of the labouris reasonably justifiable, in the circumstances of a situationarising or existing during that period or as a result of thatother emergency or calamity, for the purpose of dealing with
Rev. 2009]Constitution of Kenya 59that situation; or(e) labour reasonably required as part of reasonable and normalcommunal or other civic obligations.74. (1) No person shall be subject to torture or to inhuman ordegrading punishment or other treatment.Protection frominhuman treatment.(2) Nothing contained in or done under the authority of any lawshall be held to be inconsistent with or in contravention of this sectionto the extent that the law in question authorizes the infliction of anydescription of punishment that was lawful in Kenya on 11 th December,1963.75. (1) No property of any description shall be compulsorilytaken possession of, and no interest in or right over property of anydescription shall be compulsorily acquired, except where the followingconditions are satisfied -Protection fromdeprivationof property.13 of 1977, s. 3.(a) the taking of possession or acquisition is necessary in theinterests of defence, public safety, public order, publicmorality, public health, town and country planning or thedevelopment or utilization of property so as to promote thepublic benefit; and(b) the necessity therefor is such as to afford reasonablejustification for the causing of hardship that may result to anyperson having an interest in or right over the property; and(c) provision is made by a law applicable to that taking ofpossession or acquisition for the prompt payment of fullcompensation.(2) Every person having an interest or right in or over propertywhich is compulsorily taken possession of or whose interest in or rightover any property is compulsorily acquired shall have a right of directaccess to the High Court for -(a) the determination of his interest or right, the legality of thetaking of possession or acquisition of the property, interestor right, and the amount of any compensation to which heis entitled; and(b) the purpose of obtaining prompt payment of thatcompensation:Provided that if Parliament so provides in relation to a matter
Page 1 and 2:
LAWS OF KENYATHE CONSTITUTION OF KE
Page 3 and 4:
Rev. 2009]Constitution of Kenya 3Se
Page 5 and 6:
Rev. 2009]Constitution of Kenya 581
Page 7 and 8: Rev. 2009]Constitution of Kenya 7TH
Page 9 and 10: Rev. 2009]Constitution of Kenya 9th
Page 11 and 12: Rev. 2009]Constitution of Kenya 118
Page 13 and 14: Rev. 2009]Constitution of Kenya 13(
Page 17 and 18: Rev. 2009]Constitution of Kenya 17d
Page 25 and 26: Rev. 2009]Constitution of Kenya 25s
Page 29 and 30: Rev. 2009]Constitution of Kenya 29p
Page 33 and 34: Rev. 2009]Constitution of Kenya 33b
Page 35 and 36: Rev. 2009]Constitution of Kenya 35u
Page 37 and 38: Rev. 2009]Constitution of Kenya 37a
Page 45 and 46: Rev. 2009]Constitution of Kenya 45v
Page 49 and 50: Rev. 2009]Constitution of Kenya 49t
Page 57: Rev. 2009]Constitution of Kenya 57(
Page 61 and 62: Rev. 2009]Constitution of Kenya 61o
Page 63 and 64: Rev. 2009]Constitution of Kenya 63p
Page 71 and 72: Rev. 2009]Constitution of Kenya 71d
Page 77 and 78: Rev. 2009]Constitution of Kenya 77s
Page 79 and 80: Rev. 2009]Constitution of Kenya 79n
Page 85 and 86: Rev. 2009]Constitution of Kenya 85A
Page 91 and 92: Rev. 2009]Constitution of Kenya 91C
Page 99 and 100: Rev. 2009]Constitution of Kenya 99P
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
show all

Constitution of Kenya (Repealed) - Kenya Law Reports

Create successful ePaper yourself

Delete template?

Save as template?