Constitution of Kenya (Repealed) - Kenya Law Reports

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64 Constitution of Kenya[Rev. 2009law:Provided that nothing in this subsection shall prevent a courtfrom punishing a person for contempt notwithstanding that the act oromission constituting the contempt is not defined in a written law andthe penalty therefor is not so prescribed.(9) A court or other adjudicating authority prescribed by law forthe determination of the existence or extent of a civil right or obligationshall be established by law and shall be independent and impartial; andwhere proceedings for such a determination are instituted by a personbefore such a court or other adjudicating authority, the case shall begiven a fair hearing within a reasonable time.(10) Except with the agreement of all the parties thereto, allproceedings of every court and proceedings for the determination ofthe existence or extent of any civil right or obligation before any otheradjudicating authority, including the announcement of the decision ofthe court or other authority, shall be held in public.(11) Nothing in subsection (10) shall prevent the court or otheradjudicating authority from excluding from the proceedings personsother than the parties thereto and their legal representatives to suchextent as the court or other authority -(a) may by law be empowered to do and may considernecessary or expedient in circumstances where publicitywould prejudice the interests of justice or in interlocutoryproceedings or in the interests of public morality, the welfareof persons under the age of eighteen years or the protectionof the private lives of persons concerned in the proceedings;or(b) may by law be empowered or required to do in the interestsof defence, public safety or public order.(12) Nothing contained in or done under the authority of any lawshall be held to be inconsistent with or in contravention of -(a) subsection (2) (a) to the extent that the law in questionimposes upon a person charged with a criminal offence theburden of proving particular facts;(b) subsection (2) (e) to the extent that the law in questionimposes conditions that must be satisfied if witnesses calledto testify on behalf of an accused person are to be paid theirexpenses out of public funds; or
Rev. 2009]Constitution of Kenya 65(c) subsection (5) to the extent that the law in questionauthorizes a court to try a member of a disciplined force fora criminal offence notwithstanding a trial and conviction oracquittal of that member under the disciplinary law of thatforce, so, however, that a court so trying such a member andconvicting him shall in sentencing him to any punishmenttake into account any punishment awarded him under thatdisciplinary law.(13) In the case of any person who is held in lawful detention,subsection (1), paragraphs (d) and (e) of subsection (2) and subsection(3) shall not apply in relation to his trial for a criminal offence under thelaw regulating the discipline of persons held in lawful detention.(14) Nothing contained in subsection (2) (d) shall be construedas entitling a person to legal representation at public expense.(15) In this section “criminal offence” means a criminal offenceunder the law of Kenya.78. (1) Except with his own consent, no person shall be hinderedin the enjoyment of his freedom of conscience, and for the purposes ofthis section that freedom includes freedom of thought and of religion,freedom to change his religion or belief, and freedom, either alone or incommunity with others, and both in public and in private, to manifestand propagate his religion or belief in worship, teaching, practice andobservance.Protection of freedomof conscience.(2) Every religious community shall be entitled, at its ownexpense, to establish and maintain places of education and to manage aplace of education which it wholly maintains; and no such communityshall be prevented from providing religious instruction for persons ofthat community in the course of any education provided at a place ofeducation which it wholly maintains or in the course of any educationwhich it otherwise provides.(3) Except with his own consent (or, if he is a minor, the consent ofhis guardian), no person attending a place of education shall be requiredto receive religious instruction or to take part in or attend a religiousceremony or observance if that instruction, ceremony or observancerelates to a religion other than his own.(4) No person shall be compelled to take an oath which is contraryto his religion or belief or to take an oath in a manner which is contraryto his religion or belief.(5) Nothing contained in or done under the authority of any
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Constitution of Kenya (Repealed) - Kenya Law Reports

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