Constitution of Kenya (Repealed) - Kenya Law Reports

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68 Constitution of Kenya[Rev. 2009(2) Any restriction on a person’s freedom of movement that isinvolved in his lawful detention shall not be held to be inconsistent withor in contravention of this section.(3) 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 makes provision -(a) for the imposition of restrictions on the movement orresidence within Kenya of any person or on any person’s rightto leave Kenya that are reasonably required in the interestsof defence, public safety or public order;(b) for the imposition of restrictions on the movement orresidence within Kenya or on the right to leave Kenya ofpersons generally or any class of persons that are reasonablyrequired in the interests of defence, public safety, publicorder, public morality, public health or the protectionor control of nomadic peoples and except so far as thatprovision or, as the case may be, the thing done under theauthority thereof is shown not to be reasonably justifiablein a democratic society;(c) for the imposition of restrictions, by order of a court, on themovement or residence within Kenya of any person or on anyperson’s right to leave Kenya either in consequence of hishaving been found guilty of a criminal offence under the lawof Kenya or for the purpose of ensuring that he appears beforea court at a later date for trial of such a criminal offence or forproceedings preliminary to trial or for proceedings relatingto his extradition or lawful removal from Kenya;(d) for the imposition of restrictions on the acquisition or useby any person of land or other property in Kenya;(e) for the imposition of restrictions upon the movement orresidence within Kenya or on the right to leave Kenya ofpublic officers or of members of a disciplined force;(f) for the removal of a person from Kenya to be tried orpunished in some other country for a criminal offence underthe law of that other country or to undergo imprisonment insome other country in execution of the sentence of a courtin respect of a criminal offence under the law of Kenya ofwhich he has been convicted; or(g) for the imposition of restrictions on the right of any person
Rev. 2009]Constitution of Kenya 69to leave Kenya that are reasonably required in order to securethe fulfilment of any obligations imposed on that person bylaw and except so far as that provision or, as the case maybe, the thing done under the authority thereof, is shown notto be reasonably justifiable in a democratic society.(4) If a person whose freedom of movement has been restricted byvirtue of a provision referred to in subsection (3) (a) so requests at anytime during the period of that restriction not earlier than three monthsafter the order was made or three months after he last made the request,as the case may be, his case shall be reviewed by an independent andimpartial tribunal presided over by a person appointed by the Presidentfrom among persons qualified to be appointed as a judge of the HighCourt.(5) On a review by a tribunal in pursuance of subsection (4) ofthe case of a person whose freedom of movement has been restricted,the tribunal may make recommendations concerning the necessity orexpediency of continuing that restriction to the authority by whom it wasordered and, unless it is otherwise provided by law, that authority shallbe obliged to act in accordance with any such recommendations.(6) Until it is otherwise provided by Act of Parliament nothingin this section shall affect the operation of the Outlying Districts Act*or the Special Districts (Administration) Act* or any law amending orreplacing either of those Acts:Cap. 104.Cap. 105.Provided that no law amending or replacing either of those Actsshall impose, or authorize the imposition of, restrictions on the rightsguaranteed by this section greater than the restrictions on those rightsin force under that Act on 31 st May, 1963, and no such restriction shallbe imposed under either of those Acts, or by or under any such law, inor in respect of any area other than an area in or in respect of which arestriction was in force under that Act on 31 st May, 1963.82. (1) Subject to subsections (4), (5) and (8), no law shall makeany provision that is discriminatory either of itself or in its effect.(2) Subject to subsections (6), (8) and (9), no person shall betreated in a discriminatory manner by a person acting by virtue of anywritten law or in the performance of the functions of a public office ora public authority.Protection fromdiscrimination on thegrounds of race, etc.9 of 1997, s. 9,(3) In this section the expression “discriminatory” means affordingdifferent treatment to different persons attributable wholly or mainly totheir respective descriptions by race, tribe, place of origin or residenceor other local connexion, political opinions, colour, creed or sex
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Constitution of Kenya (Repealed) - Kenya Law Reports

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