KenyaKE

Article 38 of the Constitution of Kenya

Article
38
Index row title
(1) Every citizen is free to make political choices, which
Source document
The Kenya Constitution
Provision ID
84be8d3a-0fe7-4ead-b975-372235c7a10e

151 words

Verbatim text

includes the right— (a) to form, or participate in forming, a political party; (b) to participate in the activities of, or recruit members for, a political party; or (c) to campaign for a political party or cause. (2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for— (a) any elective public body or office established under this Constitution; or (b) any office of any political party of which the citizen is a member. (3) Every adult citizen has the right, without unreasonable restrictions—27 (a) to be registered as a voter; (b) to vote by secret ballot in any election or referendum; and (c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. Freedom of movement and residence.

What this means

  • The index files this text under article 38 of the Constitution of Kenya.
  • The passage runs to about 151 words.
  • Read plainly, it mentions movement and residence — it concerns moving around, living where you choose, or leaving the country (the words used: “Freedom of movement”).

The row’s stored title is a body fragment, not a heading (“(1) Every citizen is free to make political choices, which”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of Kenya, article 38, Portable Lawyer, https://www.portablelawyer.app/provision/84be8d3a-0fe7-4ead-b975-372235c7a10e (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/84be8d3a-0fe7-4ead-b975-372235c7a10e

Accessed 25 October 2026.

Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.

Machine-readable versions