Freedom of Expression/History/Country sources/Kenya - Revision history

RightspediaAdmin at 15:04, 24 March 2024

2024-03-24T15:04:04Z

← Older revision		Revision as of 15:04, 24 March 2024
Line 14:		Line 14:
	(c) that imposes restrictions upon public officers,		(c) that imposes restrictions upon public officers,
	and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."		and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

			The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution.

	References:		References:

	1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf		1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

			1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1
	}}		}}

RightspediaAdmin at 14:49, 24 March 2024

2024-03-24T14:49:34Z

← Older revision		Revision as of 14:49, 24 March 2024
Line 4:		Line 4:
	\|question=Country sources		\|question=Country sources
	\|questionHeading=What is the oldest written source in this country that mentions this right?		\|questionHeading=What is the oldest written source in this country that mentions this right?
			\|breakout=Kenya
	\|pageLevel=Breakout		\|pageLevel=Breakout
	\|~~breakout~~=Kenya		\|contents=Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence."
	~~\|contents=[[Probable year~~:: 1963]] Constitution
			Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression:
			"Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
			(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
			(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or
			(c) that imposes restrictions upon public officers,
			and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

			References:

			1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf
	}}		}}

Import-sysop: transformed

2022-12-28T22:09:05Z

transformed

← Older revision		Revision as of 22:09, 28 December 2022
Line 6:		Line 6:
	\|pageLevel=Breakout		\|pageLevel=Breakout
	\|breakout=Kenya		\|breakout=Kenya
	\|contents=[[Probable year::1963]] Constitution		\|contents=[[Probable year:: 1963]] Constitution


	}}		}}

Import-sysop: transformed

2022-11-25T19:51:06Z

transformed

New page

{{Right section
|right=Freedom of Expression
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|pageLevel=Breakout
|breakout=Kenya
|contents=[[Probable year::1963]] Constitution

}}