Q. HOW HAVE THE COURTS INTERPRATED THE PROVISIONS ON FUNDAMENTAL RIGHTS AND FREEDOMS IN THE CONSTITUTION
INTRODUCTION
The natural dutys and exemptions are included in the constitution. They are shew in Chapter four of the new constitution. They include
Fundamental rights and freedoms of the individual.
breastplate of right to life.
security department of right to personal liberty.
Protection from slavery and servitude
Protection from inhuman treatment.
Protection from deprivation of property.
Protection against arbitrary lookup or entry.
Provisions to secure protection of law.
Protection of freedom of scruples.
Protection of freedom of expression.
Protection of freedom of assembly and association.
Protection of freedom of movement.
Protection from discrimination on grounds of race, etc.
wear and tear from fundamental rights and freedoms.
Enforcement of protective provisions.
Preservation of public security. Among others
The courts more very much than not have in their rulings of cases involving such upheld the importance and guaranteed fundamental rights and freedoms as shown in the examples below.
Freedom of conscience:
Langhi Meghi vs Carson Preghi (1976)KLR
Freedom of conscience as guaranteed by the constitution precludes the court from interfering in matters of religion and conscience except where there is breach of the law. The courts would wherefore not interfere in matters of a dogma religious rite or other internal matters within the competence of a church or religions organization. However , the courts are likely to start down on acts of a religious kind if these sustain in conflict with ordinary c***
Here we stinker see that the court upheld the freedom of conscience.
Protection of freedom of expression
Kagiya vs land (1969) EALR 451
The then VP of the defunct opposition party, KPU, had been invited to...If you want to get a full essay, order it on our website: Orderessay
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