Constitution of Kenya (Repealed) - Kenya Law Reports

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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
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Constitution of Kenya (Repealed) - Kenya Law Reports

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