4. The Constitution of Kenya, 2010 allows some limitation of rights but moves away from sweeping drawback clauses that were a major characteristic of the former Constitution. Article 24 (1) sets up a general limitations clause with clear criteria that have to be met by each limitation before it can be allowed to stand. The Limitation clause specifies that any constraint upon a human right or fundamental freedom should be done through legislation, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society that is based on human dignity, equality and freedom taking into account relevant factors. 5. Article 58 (6) of the Constitution provides that any legislation enacted in consequence of a declaration of a state of emergency may limit a right or fundamental freedom in the Bill of Rights only to the extent that the limitation is strictly required by the emergency, and the limitation is consistent with the state’s obligations under international law that is applicable to a state of emergency. 6. The Courts have affirmed their willingness to apply rights by directly invoking treaties that Kenya is a state party to. This position has now been reinforced by Article 2(6) of the Constitution of Kenya, 2010 which provides that any treaty of convention ratified by Kenya becomes part of the law under the Constitution. There is now a growing jurisprudence where the courts have invoked the provisions of various human rights treaties that Kenya has ratified to enforce basic rights. For example, in Muigai vs John Bosco Mina Kariuki & Jerioth Wangechi Muigai (2014) eKLR, the Court of Appeal relied on international instruments that prohibit discrimination against women to wit, the Universal Declaration of Human Rights, the Covenant on Economic, Social and Cultural rights, the Convention on the Elimination of all forms of Discrimination Against Women and the Covenant on Civil and Political Rights, to state that the yoke and burden of discrimination should not be worn by the female gender anymore because, under the Constitution, the general rules of international law form part of the Laws of Kenya. 7. Article 23 (1) of the Constitution of Kenya 2010 gives the High Court jurisdiction to hear and determine applications for redress of a denial, violation, or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights. Article 23 (2) mandates Parliament to enact legislation giving original jurisdiction to subordinate courts in appropriate cases to grant remedies for human rights violations. The Kenya National Commission on Human Rights (KNCHR) holds quasi judicial powers to investigate any complaint on any matter relating to human rights in any public or private office or private institution. The Commission on Administrative Justice (CAJ) also has powers to investigate and report on any act or omission in public administration in any sphere of government. 8. Where there is a violation or infringement of a human right, Article 22 of the Constitution provides that an individual or group may apply before a court for any of a number of remedies. Article 23 (3) enumerates the types of remedies that may be available to a litigant. These are: a declaration of rights, an injunction, a conservatory order, a declaration of invalidity of any law that violates any of the rights in the Bill of Rights, an order for compensation, and an order for judicial review. 9. Other measures taken to safeguard civil and political rights include the preparation of several pieces of legislation and policies. Examples of these are; Persons Deprived of Liberty Bill 2013, Victims of Offences Bill, and Prevention of Torture Bill 2014 which are in various stages of development. 6