The Right in theory

On reading the provisions of Article 50 (1) of the Constitution of Kenya Chapter Four – The Bill of Rights Part 2 on Rights and fundamental freedoms, peculiar Rights of every person are apparent (easily enumerated as:

  1. That Every person
  2. has the right
  3. to have any dispute
  4. that can be resolved
  5. by the application of law
  6. decided in a fair and public hearing
  7. before a court or, if appropriate, another independent and
  8. Impartial tribunal or body.)


Constitution of Kenya
50. Fair hearing
Chapter Four – The Bill of Rights
Part 2. Rights and fundamental freedoms

  1. Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

THEREFORE, the assumption is that the onus is always to the justification of limitation of such a Right. Otherwise the Rights are so given.

To apply such wording loosely, to interpret them literally, then is a sure way to produce sensational worries. Those similar to a new realization. Of course, even then the need to understand the words and wording used becomes key. Without, it comes an urgent need for Advocacy, to assist such invisible majority.

Ideally, it must begin at the identification of the issues on a personal characteristic. Although difficult to substantiate, the assumption goes that the better educated (conditioned) the mind, the better the productivity). Surely then to better condition the invisible majority would be beneficial to the community at large. Regardless.

Clear government projects are a good example for an attempt to alleviate poverty by the State. If or rather when that goes wrong, all suffer. Accusation arise and the judiciary power of the State come into play. Then by force, individual power is ceased (point being, the control of the outcome is no longer personal but rather by means other than personal as to making the decision)

The Constitution goes on to provide further rights that would interest any defense purpose especially in criminal law practice which are not the purpose of this write-up.

This Article is intended to be for informational purposes merely. For any queries or need for clarifications, please contact  us on info@atandiadvocates.africa

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