The country in brief
The country's law, area by area
Marriage, partnership and divorce
Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce
Children, family and inheritance
Names · Adoption · Assisted reproduction · Childcare · Step-families · Inheritance
Contraception, abortion, sexuality and drugs
Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco
Violence, consent and sexual offences
Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad
Online: privacy, image, data and scams
Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams
Health: pregnancy, STIs and care
Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV
Fundamental rights
Key points
| Constitution | Chapter 4, Bill of Rights, including socio-economic rights |
|---|---|
| Article 22 | Open standing, including public interest litigation |
| No filing fee | Constitutionally guaranteed for Bill of Rights petitions |
| Article 23 | Wide remedies, including declarations of invalidity and compensation |
| KNCHR | Kenya National Commission on Human Rights |
| African Court | Kenya has not made the declaration allowing direct individual access |
| Public interest litigation | Expressly permitted by the Constitution |
| Legal aid | National Legal Aid Service provides representation |
Understanding the rules
Chapter 4 of the 2010 Constitution contains an expansive Bill of Rights including socio-economic rights. Article 22 allows any person to institute proceedings, including on behalf of someone who cannot act, as a member of a group, or in the public interest, and Article 22(3) requires that no fee be charged for filing. The Kenya National Commission on Human Rights is the constitutional watchdog.
In practice
- File under Article 22: there is no filing fee, by constitutional requirement.
Where to go
- High Court Constitutional and Human Rights Division.
- Kituo cha Sheria and other legal aid organisations.
Worth knowing
The absence of a filing fee removes the main barrier to constitutional litigation, but legal costs remain: seek a legal aid organisation before filing alone. The absence of a filing fee removes the main barrier to constitutional litigation, though legal costs remain. Legal aid organisations fill the gap.
The general article: Fundamental rights · Compare with another country
Courtship and beauty around the world
Advice
Sources
Whole page
- Marriage and divorce - UNHCR Kenya — Haut-Commissariat des Nations unies pour les réfugiés (HCR), accessed 2026
- Rapid Reference Guide on the Prosecution of Sexual and Gender Based Violence Cases in Kenya — Office of the Director of Public Prosecutions, 2022
- Rights of a Data Subject — Office of the Data Protection Commissioner, accessed 2026
Fundamental rights
- The Constitution of Kenya, 2010 — National Council for Law Reporting (Kenya), publié sur le site du Parlement, 2010
- Kenya: Constitution of the Republic of Kenya 2010 — ONU Femmes, 2010
Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.
Page checked in .
Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.