Constitution of Kenya (Repealed) - Kenya Law Reports

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70 Constitution of Kenya[Rev. 2009whereby persons of one such description are subjected to disabilities orrestrictions to which persons of another such description are not madesubject or are accorded privileges or advantages which are not accordedto persons of another such description.(4) Subsection (1) shall not apply to any law so far as that lawmakes provision -(a) with respect to persons who are not citizens of Kenya;(b) with respect to adoption, marriage, divorce, burial,devolution of property on death or other matters of personallaw;(c) for the application in the case of members of a particularrace or tribe of customary law with respect to any matter tothe exclusion of any law with respect to that matter whichis applicable in the case of other persons; ort(d) whereby persons of a description mentioned in subsection(3) may be subjected to a disability or restriction or may beaccorded a privilege or advantage which, having regard toits nature and to special circumstances pertaining to thosepersons or to persons of any other such description, isreasonably justifiable in a democratic society.(5) Nothing contained in any law shall be held to be inconsistentwith or in contravention of subsection (1) to the extent that it makesprovision with respect to standards or qualifications (not being standardsor qualifications specifically relating to race, tribe, place of origin orresidence or other local connexion, political opinion, colour or creed) tobe required of a person who is appointed to an office in the public service,in a disciplined force, in the service of a local government authority orin a body corporate established by any law for public purposes.(6) Subsection (2) shall not apply to -(a) anything which is expressly or by necessary implicationauthorized to be done by a provision of law referred to insubsection (4); or(b) the giving or withholding of consent to a transaction inagricultural land by any body or authority established by orunder any law for the purpose of controlling transactions inagricultural land.(7) Subject to subsection (8), no person shall be treated in a* The Outlying Districts Act (Cap. 104) and the Special Districts(Administration) Act (Cap. 105) were repealed by 10 of 1997.
Rev. 2009]Constitution of Kenya 71discriminatory manner in respect of access to shops, hotels, lodginghouses,public restaurants, eating houses, beer halls or places ofpublic entertainment or in respect of access to places of public resortmaintained wholly or partly out of public funds or dedicated to the useof the general public.(8) 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 whereby personsof a description mentioned in subsection (3) may be subjected to arestriction on the rights and freedoms guaranteed by sections 76, 78,79, 80 and 81, being a restriction authorized by section 76 (2), 78 (5),79 (2), 80 (2), or paragraph (a) or (b) of section 81 (3).(9) Nothing in subsection (2) shall affect any discretion relatingto the institution, conduct or discontinuance of civil or criminalproceedings in a court that is vested in a person by or under thisConstitution or any other law.83. (1) Nothing contained in or done under the authority of an Actof Parliament shall be held to be inconsistent with or in contraventionof section 72, 76, 79, 80, 81 or 82 when Kenya is at war, and nothingcontained in or done under the authority of any provision of Part III ofthe Preservation of Public Security Act shall be held to be inconsistentwith or in contravention of those sections of this Constitution whenand in so far as the provision is in operation by virtue of an order madeunder section 85.Derogation fromfundamental rightsand freedoms.Cap. 57.(2) Where a person is detained by virtue of a law referred to insubsection (1) the following provisions shall apply -(a) he shall, as soon as reasonably practicable and in anycase not more than five days after the commencement ofhis detention, be furnished with a statement in writing in alanguage that he understands specifying in detail the groundsupon which he is detained;(b) not more than fourteen days after the commencementof his detention, a notification shall be published in theKenya Gazette stating that he has been detained and givingparticulars of the provision of law under which his detentionis authorized;(c) not more than one month after the commencement of hisdetention and thereafter during his detention at intervals ofnot more than six months, his case shall be reviewed by anindependent and impartial tribunal established by law and
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