Kenyan Constitution: The Rights and Freedoms to Fair Labor Practices

Rights and fundamental freedoms

Article 41

(1) Every person has the right to fair labor practices.
(2) Every worker has the right–

(a) to fair remuneration;
(b) to reasonable working conditions;
(c) to form, join or participate in the activities and programmes of a trade union; and
(d) to go on strike.

(3) Every employer has the right–

(e) to form and join an employer’s organization; and
(f) to participate in the activities and programs of an employer’s organization.

(4) Every trade union and every employers’ organization has the right–

(a) to determine its own administration, programs, and activities;
(b) to organize; and
(c) to form and join a federation.

(5) Every trade union, employers’ organization and the employer has the right to engage in collective bargaining.

Article 42

Every person has the right to a clean and healthy environment, which includes the right–

(a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and
(b) to have obligations relating to the environment fulfilled under Article 70.

Article 43

1) Every person has the right–

(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
(c) to be free from hunger, and to have adequate food of acceptable quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.

(2) A person shall not be denied emergency medical treatment.
(3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependents.

Article 44

(1) Every person has the right to use the language and to participate in the cultural life, of the person’s choice.
(2) A person belonging to a cultural or linguistic community has the right, with other members of that community–

(a) to enjoy the person’s culture and use the person’s language; or
(b) to form, join and maintain cultural and linguistic associations and other organs of civil society.

(3) A person shall not compel another person to perform, observe or undergo any cultural practice or rite.