Abstract

The Bill of Rights in the Constitution of Kenya (2010) is unique in a number of critical respects. It exhibits the following salient features – it has an exhaustive catalogue of entitlements, contains the different genres of human rights; provides for an expansive ‘non-discrimination clause’; expresses regard for substantive equality (affirmative action); reserves certain rights from derogation; carries special regulation of emergencies; espouses a conservative strain of moral philosophy; opts for a centralised limitation clause as opposed to multiple internal limitation clauses; and has both vertical and horizontal implications. The Bill of Rights also comes with viable enforcement apparatuses.

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