Did you know it is your right to live a quality life and to earn a reasonable living? You can demand these rights form the Governments( County and National) of the day! Article 43 of the Constitution of Kenya 2010 outlines the following rights;

  1. Highest attainable standard of health in particular;

 I) Healthcare services including reproductive health care. The Government ( County and National) is required to provide adequate and equipped health care facilities to provide the attainable standard of health.

II) A person shall not be denied emergency medical treatment in any health facility.

  1. Accessible and adequate housing and reasonable levels of sanitation.
  2. To be free from hunger and to have adequate food of acceptable quality.
  3. Clean, safe water in adequate quantities.
  4. Social security i.e. retirement benefits and pension. The government shall provide appropriate social security to persons who are unable to support themselves and their dependants. ( In Kenya we have NSSF and the Older Person Cash Transfer where they get a monthly sum http://www.socialprotection.or.ke/national-safety-net-program/older-persons-cash-transfer-opct). 
  5. Education- this can be seen in Free Primary Education, Free Day Secondary Education, Bursaries, HELB etc.

The State is required in the Constitution (Article 21(2)) to take all legislative, policy and other measures including setting of standards to achieve the progressive realisation of the rights guaranteed above 

How do you enforce this right?

A person can approach the court on their own behalf or on behalf of other people to enforce this right. The petitioner will have to prove that NO steps have been put in place on legislative, policy or budget allocations. This is a way to ensure that the government prioritises these fundamental aspects for quality human life in the Annual Budgets. 

Janet Katisya

Lawquery Limited

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