307. The Constitution established several independent institutions charged with the task of promoting,
protecting and monitoring the enjoyment of human rights and freedoms. These include the Kenya
National Commission on Human Rights, the National Gender and Equality Commission and the
Commission on Administrative Justice.
Article 27: Duty of family
308. Article 53. (1) of the Constitution creates responsibilities for parents towards their children. It states
that: “Every child has the right–– To parental care and protection, which includes equal responsibility
of the mother and father to provide for the child, whether they are married to each other or not.
309. Everyone in Kenya is expected to observe the important national values and principles of governance
whenever they apply the Constitution; enacts, applies or interprets any law; or makes or implements
public policy decisions. The national values and principles of governance include–– (a) patriotism, (b)
human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and
protection of the marginalized;
Article 28: Freedom from discrimination
310. Article 27(5) of the Constitution prohibits discrimination directly or indirectly against another person
on any ground, including race, sex, marital status, religion, dress, culture, disability. Indeed, the Court
in Constitutional Petition Number 160 of 2013: Rose Wangui Mambo and Limuru Country Club
declared that a byelaw passed by a private club to exclude female members in a golf committee was
discriminatory in nature and offend Article 27 of the Constitution.
311. The National Cohesion and Integration commission was established in 2008. The mandate of the
Commission is to facilitate and promote a Kenyan society whose values are harmonious and nondiscriminatory for peaceful co-existence and integration. The overall objectives of the Commission are
to encourage national cohesion and integration by outlawing various forms of discrimination, carried
out by state agencies and any person. Forms of discrimination under the Commission’s mandate
include discrimination based on: ethnic grounds, employment, membership of organizations, access to
and distribution of public resources, property ownership management and disposal, hate speech.
Article 29: Duties
312. The Constitution of Kenya celebrates culture and the traditions of the people of Kenya. Article 44 of
the Constitution of Kenya, 2010 guarantees every individual the right to use the language, and to
participate in the cultural life, of the person’s choice. Most cultures in Kenya value older people and
respect them. The Department of Culture has undertaken several programmatic initiatives to support
the development of the diverse cultural expressions in the country.
313. Everyone has a duty to maintain public order and national security. The Penal Code establishes
offences and sets stringent penalties against those who compromise national security. Offences include,
treason, inciting mutiny, administering unlawful oaths to commit offences.
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