her citizenship to her spouse and children. The Refugees Bill, 2012 provides protection to asylum
seekers, refugees and their families of refugees from discrimination upon entering Kenya and the
Employment Act 2007 prohibits both direct and indirect discrimination on any ground.
Article 3: Right to equality before the law
30. The Constitution of Kenya, 2010 recognizes that all individuals are equal before the law. Article 27(1)
provides that “every person is equal before the law and has the right to equal protection and equal
benefit of the law.” This is also anchored in Part 4 of the Constitution which provides for the Bill of
Rights. Article 20(1) states that “the Bill of Rights applies to all law and binds all State organs and all
persons” and Article 20(2) states that “every person shall enjoy the rights and fundamental freedoms in
the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom”.
The Bill of Rights further provides under Article 22(1) that “every person has the right to institute court
proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied,
violated or infringed, or is threatened.”
31. Article 25 provides for the fundamental rights and freedoms that cannot be limited under any
circumstances. All citizens or any person appearing before a Court of law or tribunal shall at all times
be entitled to a fair trial. The Independence Constitution had Rules for the enforcement of the
fundamental rights and freedoms under Section 84(6). The Sixth Schedule the Constitution of Kenya,
2010 which deals with Transition and consequential provisions ensured that the said rules were in force
until the Chief Justice developed the Protection of Fundamental Rights Rules that are currently in
effect.
32. Pursuant to the provisions of Article 59(4) of the Constitution of Kenya, 2010, the Government enacted
the Commission on Administration of Justice (CAJ) Act Cap 102 Laws of Kenya which created the
Commission on Administration of Justice whose mandate is to deal with complaints against any
administrative action of public officials. The CAJ is guided by among others, the principles of
impartiality and gender equity; and the rules of natural justice. The Constitution of Kenya, 2010 also
states inter alia under Article 47(1) that “every person has the right to administrative action that is
expeditious, efficient, lawful, reasonable and procedurally fair.”
33. In order to ensure equal protection of the law, the Judiciary has undergone major transformation that
seeks to reposition it within the context of the Constitution of Kenya, 2010. This commenced with the
competitive recruitment of the Chief Justice, other judicial officers as well as administrative and
paralegal staff. A major re-organisation of the institution is currently underway to enable it fulfill its
Constitutional mandate under Article 159 of the Constitution of Kenya, 2010 and meet public
expectations. This is currently being done under the Judiciary Transformation Framework 2012-2016
which was launched in May 2012; and the Strategic Plan 2012-2016. According to the State of the
Judiciary Report 2011-2012, the Judicial Service Commission (JSC) hired 251 senior staff during the
reporting period. These include a Chief Justice, Deputy Chief Justice, 5 Supreme Court Judges, seven
Judges of the Court of Appeal, 36 Judges of the High Court, the Chief Registrar of the Judiciary and the
Deputy Chief Registrar, seven Directors, five Registrars, 109 Resident Magistrates, and 63 Legal
Researchers, among others. It has also recruited 12 judges of Industrial Court, 15 judges for
Environment and Land Court and 23 Kadhis.
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