KENYATTA UNIVERSITY SCHOOL OF LAW

UNIT: Constitutional law I

UNIT CODE: LPL104

Question: What measures has the government put in place to ensure protection of the group of
persons contemplated under Article 53-57, Constitution of Kenya, 2010? Discuss

NAME ADMISSION No. SIGNATURE

CHAGUSIA BWUZU COLLINS L95S/11222/2022

JOHN MWANGI MWANIKI L95S/11619/2022

KAROLI OMONDI OBALA L95/1951/2022

MUKAMI KITHINJI JOAN L95S/12264/2022

CLINTON OJENGE L95/3532/2022

WAKHUNGU IVY MULINDI L95S/11485/2022

ERNEST MUMBI MILKA L95S/11309/2022

WANJIKU KING’ORI GRACE L95S/11484/2022

CECILLIA ANYANGO L95S/12246/2022

WANGUI WAMBUGU ANN L95S/11506/2022

OTIENO RAPHAEL ODHIAMBO L95S/12215/2022

Article 53 -57 of the constitution highlights rights to children, persons with disabilities, the

youth, minorities and marginalized groups and the older members of society respectively.

The articles have been elaborately explained below;

Article 53 of the constitution of Kenya 2010 states that:

(1) Every child has the right-

(a) To a name and nationality from birth;

(b) To free and compulsory basic education;

(c) to basic nutrition, shelter and health care;

(d) to be protected from abuse, neglect, harmful cultural practices, all forms of

violence, inhuman treatment and punishment, and hazardous or exploitative labour;

(e) 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; and

(f) not to be detained, except as a measure of last resort, and when detained, to be held—

(i) for the shortest appropriate period; and

(ii) Separate from adults and in conditions that take account of the child’s sex and age.

(2) A child’s best interests are of paramount importance in every matter concerning the child
Article 54 of the constitution of Kenya 2010 states that:

(1) A person with any disability is entitled—

(a) to be treated with dignity and respect and to be addressed and referred to in a manner that

is not demeaning;

(b) to access educational institutions and facilities for persons with disabilities that are

(c) integrated into society to the extent compatible with the interests of the person;

(d) to reasonable access to all places, public transport and information;

(e) to use Sign language, Braille or other appropriate means of communication; and

(f) to access materials and devices to overcome constraints arising from the person’s disability.

(2) The State shall ensure the progressive implementation of the principle that at least five per

cent of the members of the public in elective and appointive bodies are persons with disabilities.

Article 55 of the constitution of Kenya 2010 states that:

The State shall take measures, including affirmative action programmers, to ensure that the youth

(a) access relevant education and training;

(b) have opportunities to associate, be represented and participate in political, social, economic

and other spheres of life;

(c) access employment; and

Article 56 of the constitution of Kenya 2010 states that:

The State shall put in place affirmative action programs designed to ensure that minorities and

marginalized groups—

(a) Participate and are represented in governance and other spheres of life;

(b) Are provided special opportunities in educational and economic fields;

(c) Are provided special opportunities for access to employment; (d) develop their

cultural values, languages and practices; and

(e) Have reasonable access to water, health services and infrastructure.

Article 57 of the constitution of Kenya 2010 states that:

The State shall take measures to ensure the rights of older persons—

(a) To fully participate in the affairs of society;

(b) To pursue their personal development;

(c) To live in dignity and respect and be free from abuse; and

(d) To receive reasonable care and assistance from their family and the State.
The government has put in place the following measures to ensure the protection of the group of

persons contemplated under articles 53 -57 of the constitution of Kenya 2010

GOVERNMENTS RESPONSE TO THE APPLICATION OF ARTICLE 53 OF THE

CONSTITUTION OF KENYA 2010.

Article 53 of the Constitution of Kenya 2010 recognizes the right of all children to be

protected from abuse, neglect, harmful cultural practices, all forms of violence, inhumane

treatment and punishment and hazardous or exploitative labour.

The rights provided in this article entail the right to name and nationality from birth, free and

compulsory basic education, basic nutrition and health care, protection from abuse, neglect and

harmful cultural practices and parental care.

Chapter 141 of the children Act article 2 defines a child as any human being under the age of

eighteen tears.

Article 53[a] which entails that every child has the right to a name and nationality from has been

further enforced by article 11 of the children act which states that every child shall have a right

to a name and nationality and where a child is deprived of his identity the Government shall

provide appropriate assistance and protection, intending to establish his identity.

The Government in regards to protecting the rights of children established in article 53[b] of the

Constitution of Kenya 2010 which entails the right to free and compulsory basic education and
article 7[1] of the children act that states that every child shall be entitled to education the

provision of which shall be the responsibility of the government and the parents.

The Government has taken the initiative of working together with the ministry of education

which formulates and implements education and training policies, standards and examinations by

providing it with enough funds to ensure every child in Kenya enjoys the right to free and

compulsory education as entailed in the constitution.

Examples of those measures include funding the Teachers Service Commission and various

School Feeding Programmes to provide enough food for children studying in marginalized areas.

In regards to article 53[c] of the 2010 Constitution which entails the right of every child to

basic nutrition, shelter and health care, the government has taken the approach of working in

partnership with the ministry of health to ensure that various sectors such as the Kenya

Expanded Programme on Immunization [KEPI], Nutrition, Maternal and Child Health and

the Global Fund for Malaria Control which deal with taking care of children health-related issues

are well funded to cater for their needs.

The ministry of labour and social protection plays a role in protecting article 53[d] of the

constitution by protecting and advocating for the needs of people with special disabilities with

this is including children to ensure that no child is neglected in any way, formulating social

protection policies and programs and child labour policy and regulation management.

Section 56 of the Employment Act makes it illegal to employ children under the age of 13.

Children under the age of 13 to 16 can be employed in light work while those between 16 and

18 are considered employable.

protect children from such harmful cultural practices as female genital mutilation the

government has taken the initiative of making it illegal in Kenya and also by formulating the

Serious Crime Act 2015 which makes it an offence for failing to protect a girl from the risk of

genital

mutilation.

Parental responsibility is automatic to both biological parents regardless of their marital status.

Article 53(1)(e) stipulates that “Every child has the right to parental care and protection

including parental responsibility of the mother and father to provide for the child whether they

are married or not.

Article 53(1)(e) of the constitution of Kenya and section 23(1) of the Children’s Act provides for

parental responsibility which must never be abdicated.

Parental duties include;

 Provision of adequate diet

 Shelter

 Clothing

 Medical care

 Education

 Guidance

One with parental responsibility cannot transfer his or her responsibility to another.

Section 23 of the Children’s Act 2001 provides that a parent must protect the child from

neglect, discrimination and abuse.

Section 127 of the Children’s Act also provides a penalty for cruelty and neglect of children.

Section 24(5) of the Children’s Act states that a person who has parental responsibility for a

child at any time shall not cease to have that responsibility for the child even after divorce.

Article 53(f)

Section 194(4) of the Children’s Act provides that no child shall be held custody for a period

exceeding 24 hours from the time of his apprehension without the leave of the court.

Whenever a child is held in police custody the officer in charge shall inform the parents or

guardians of the child.

The parents or guardian of the child must be present at the time a police interview is done with

the child.

A children’s officer shall be informed if the parent or guardian cannot be contacted.

The government of Kenya has put in measures through its judiciary arm to protect and uphold

the rights of children.

Section 194(6) of the Children’s Act states that no child while detained in a police station shall

be allowed to associate with any adult who is not a relative of the child.

A child shall be detained in a separate institution or a separate part of the police station.

Article 53(2)
Article 53(2) of the Constitution of Kenya provides that a child’s best interests are of paramount

importance in every matter of upbringing of a child such as parents.

Section 76 of the Children’s Act No 8 of 2001 gives out the guidelines regarding to proceedings

in children’s court.

In any proceedings in which an issue on the upbringing of a child arises, the court shall have

regard to the general principle that any delay may be a concern to the welfare of the child.

I. ARTICLE 54

Article 54 of the Kenyan constitution provides for the rights of people with disability. But the

question in place is what is a disability?

Article 260 of the Kenyan constitution defines disability as any physical, sensory, mental,

psychological or other impairment, condition or illness that has or is perceived by significant

sectors of the community to have, a substantial or long-term effect on an individual’s ability to

carry out day to day activities.

The persons with disability act define disability as physical, sensory, mental, or other

impairments, including any visual, hearing, learning or physical incapability that adversely

impacts social, economic, or environmental participation.

The constitution under article 27(4) protects individuals from discrimination including persons

with disabilities. Article 54(1b) also provides that persons with a disability be referred to in a

manner that upholds his/her dignity and in a manner that is not demeaninfg. This is also
underpinned by the provisions of article 28 which provides for the right to human dignity. This

is further established that to respect dignity article 31 provides for the right to privacy. The

privacy of an individual was defined by the court in the case of Jessica Clarise Wanjiru v

Davinsi Aesthetic and Reconstruction Centre and 2 others (2017) eKLR; The right of an

individual to be protected against intrusion into his personal life or affairs or those of his

family, by direct physical means or by the publication of the information. This is further

emphasized by the European Convention on Human Rights which views the right to privacy as

a right which

consists essentially in right to live one’s life with minimum interference. Privacy concerns

family and home, physical and moral integrity, honour and reputation.

Just as per the provisions of the constitution of Kenya 2010 under article 2 which states that the

constitution is the supreme law of the land and binds all the persons and state organs and that all

laws in Kenya and treaties ratified by Kenya form parts of the Kenyan laws must conform to the

constitution and if it contravenes is void to the extent of its contravention. Its powers which it

confers on citizens under article one also applies to persons with disability and marginalized

groups and the minority.

The constitution further provides that persons with special needs be able to access all places,

public transport and information; article 35 further underpins this section of article 54 by

providing that every citizen has the right to access information affecting him or her. Article 36

further gives rights of association which enables everyone to associate thereby granting persons

with disability too to freedom to associate with others without discrimination.

These persons are further covered by the constitution by enabling them to use sign language,

Braille or other appropriate means of communication; this is further emphasized in article 56(d)

which allows persons of the minority and marginalized groups to develop their cultural values,
languages and practices. Article 11 of the constitution also provides for culture and under

article 11(2a) which states that the state shall promote all forms of national and cultural

expression

through literature, the arts, traditional celebrations, science, communication, information, mass

media, publications, libraries and other cultural heritage.

The constitution provides for persons with disability to acquire education under article 54(1b)

that enables persons with disability to acquire education. This is further supported by the Persons

With Disability Act (Amended)2020 section 18 which provides that no person or learning

institution shall deny admission to a person with a disability to any course of study by reason

only of such disability if the person has the ability to acquire substantial learning in that course,

section 19 of this act also provides that learning institutions shall take into account the special

needs of persons with disability with respect to the entry requirements, various institutions in

Kenya has tried to cooperate with this requirement such as Kenyatta University which has

allocated vehicles to help transport persons with disability to the lecture halls and also to ensure

their safety amongst other institutions. These provision on education has also been underpinned

by article 56(b) which provides that minority and marginalized groups be given special

opportunities in educational and economic fields. The provision of the economic field has

been also provided for by the persons with disability act under section 12 which provides that

no person shall deny a person with a disability access to opportunities for suitable

employment, section 17 of the act also provides that records for job placement shall be

established and

maintained of persons with disability with skills and training and shall be updated regularly for

purposes of job placement. The tax rate for persons with disability will be also lowered as

provided for by section 16 of the persons with disability act.

providing education to persons with a disability such as Kuja Secondary School for the Deaf,

Mombasa Secondary School for the Physically Handicapped, St. Oda School for the Blind, and

Maseno. This is to help provide better quality education and special care for these individuals so

as to maximize the standard of commitment to educational services to these individuals. Section

44 of the Basic Educations Act provides that the cabinet secretary will establish and maintain

public special schools, and provide for special needs education in specially established schools in

pre-primary, primary and secondary schools suitable to the needs of the pupil requiring special

education21.

Article 54(2) provides that the state shall ensure the progressive implementation of the principle

that at least five per cent of the members of the public in elective and appointive bodies are

persons with disabilities. The constitution of Kenya 2010 provides under article 97(1c) provides

for the composition of a national assembly by giving room for representation of the persons with

a disability under the nominated members, the senate also article 98(1d) provides for the

nomination of two people with disability one being a man and the other one being a woman. In

the composition of the county assembly, the constitution under article 177(1c) provides for the

representation of marginalized groups and persons with disability in the house. Article 91(1e)

provides that political parties will have representation of persons with disability and the

marginalized groups, this is mainly enforced during nomination whereby the Independent

Electoral Boundaries Commission is entitled to ensure that by the time of gazetting the nominees

by political parties, they ensure that this provision is compiled to pursuant to demands of section

34 of the elections act and the commission shall comply to the demands of sections 36(7) and

ensure representation of the persons with disability, this was also evident in the case of Wabwile
and Another vs Independent Electoral and Boundaries Commission and 4others(KEHC 16078

KLR) where the petitioners petitioned the court claiming the omission of persons with disability

in the gazettement notice of the county assembly of Bungoma where the court ruled that the

omission was contrary to the constitution under article 177(1c)of the constitution. The court

said that this was contrary to the demands of the constitution under article 27 as that was

discrimination.

The state has signed the treaty to ensure the rights of persons with disability is observed within

the state and in compliance with the constitution under article 2(5&6) which allows any treaty

ratified by the state to be part of Kenyan laws, these include:

Convention on the Rights of Persons with Disability ratified on 19 May 2008.

Protocols on Rights of the persons with Disability African Charter ratified on 22 September

2021

The UN Convention on the Rights of Persons with Disability ratified on 6 May 2022

These treaties and convention help in ensuring that they back up the constitution to ensure the

rights are not violated in the country.

Persons with disability are allowed to move the court in case they feel that their rights are

violated under article 22 which allows all Kenyans to move a court in case they feel their rights

are infringed.

II. ARTICLE 55
According to Article 260 of the Constitution “youth” means the collectivity of all individuals in

the Republic who:

(a) Have attained the age of eighteen years; but

(b) Have not attained the age of thirty-five years.

Article 55 of the Kenyan Constitution 2010 provides that the State shall take measures,

including affirmative action programs, to ensure that the youth—

(a) Access relevant education and training;

(b) Have opportunities to associate, be represented and participate in political, social,

economic and other spheres of life

;(c) access employment; and

(d) Are protected from harmful cultural practices and exploitation.

The government and other interest groups such as civil society organizations have formulated

enabling policies, institutions and legislation to flesh out and operationalize the constitutional

provisions. Youth policies have time and again been set up to promote youth participation in

community and civic affairs and to ensure that youth programs are youth-centred. The policy

proposes guidelines and strategies that can be used to facilitate the participation of the youth in

national development. In addition, Kenya Youth Development Policy, National Youth Service,

and the State Department for Youth, Youth and Gender were established in 2018 and are

mandated to manage the youth policy, youth empowerment, and mainstreaming of youth in

national development, among others. This is provided for by Article 55 of the constitution which

obligates the state to take measures such as developing affirmative action programs to ensure that
the youth is able to access relevant education and training, are protected from harmful cultural

practices and exploitation and have opportunities to associate, be represented and participate in

political, social, economic spheres of life and access employment. Additionally, to ensure

diversity and youth representation, the law creates special seats for the youth in the national

assembly, the senate and the county

assembly.

Lilian W.Mbogo-Omollo V Cabinet Secretary Ministry of Public Service and Gender and

another.

Lillian W. Mbogo-Omollo (Petitioner) was initially appointed by the President into the office of

Principal Secretary, Public Service and Youth on or about 24 December 2015 in accordance

with Article 132 which states that the President shall appoint principal Secretary in accordance

with Article 155 of the Constitution which states that a Principal Secretary may resign from

office by giving notice, in writing, to the President. The petitioner was of the view that under the

statute she was charged under before the Magistrates Court, she could only be removed from

office upon conviction and therefore the revocation of her appointment before the conclusion of

the criminal case was contrary to the law. Contrary to the Petitioner’s assertions, the

Respondents urged that Principal Secretaries serve at the pleasure of the President because the

Constitution was silent on the manner of their removal and therefore they could be dismissed

pursuant to Article 132(2)(d) of the Constitution as read with Article 155 . The Court based its

judgment on Article 55 (b)of the Constitution which provides that the youth have opportunities

to associate, be represented and participate in political, social, economic and other spheres of

life.
Article 55 (b) provides that the youth have opportunities to associate, represented and

participate in political, social, economic and other spheres of life. This is supported by Article 1

of the Constitution which states that all sovereign power belongs to the people of Kenya and

shall be exercised only in accordance with the constitution. However, the constitution provides

under Article 38 that every citizen which includes the youth is free to make political choices,

either to form or participate in forming, a political party and that 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. At the apex of all youth activities in the country is the National Youth Council

which acts as an advisory, research and policy institution on youth affairs in the country. The

special seats created by the Constitution have increased the number of youth in legislative and

political positions

The government has gone ahead to ensure implementation of rights and fundamental freedoms as

provided for in Article 21 of the Constitution of Kenya 2010.It states that: It is a fundamental

duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights

and fundamental freedoms in the Bill of Rights.(2) The State shall take legislative, policy and

other measures, including the setting of standards, to achieve the progressive realization of the

rights guaranteed under Article 43 which provides that every person has the right to the highest

attainable standard of health, which includes the right to health care services ,housing ,food

, security, clean water and education and by every person it also includes the youth.
Article 55 (b) provides that the youth are protected from harmful cultural practices and

exploitation as supported by Article 21 of the Constitution of Kenya the government has put in

place public officers have the duty to address the needs and the fundamental rights of

vulnerable groups within society, including women, older members of society, persons with

disabilities, children and the youth. Some of the rights implemented by the public police

includes: right to

life as supported by Article 26 of the constitution which states that every person including the

Youth has a right to life. The public police also ensures equality and freedom of discrimination

as provided for in Article 27 (1)Every person including the youths are equal before the law and

has the right to equal protection and equal benefit of the law.(4) The State shall not discriminate

directly or indirectly against any person on any ground, including race, sex, pregnancy, marital

status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief,

culture, dress, language or birth.

There were gaps in legislative protection for the youth. The most notable youth organization

under the former dispensation, before its transformation in the 90’s, was the dreaded National

Youth Service, the bridge students had to pass through to qualify for admittance into varsity

education. Needless to say, the then NYS did not contribute to the wholesome development of

the whole cohort of the youth in Kenya. The 2010 Constitution was therefore a breath of fresh

air for the youth in Kenya as it acknowledges the distinctive role of the youth in the development

of the country and provides avenues for their support and inclusion. This is supported by the

Constitution in Article 21 acknowledges the youth as a vulnerable group in the society.

Article 260 CoK, 2010 defines the marginalized group as a group of people who, because of laws or

practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or

more of the grounds in Article 27 (4).

Article 56 clearly states that the state shall put in place affirmative action programs designed to ensure

that minorities and marginalized groups:

a. Participate and are represented in government and other spheres of life

b. Are provided special opportunities in education and economic fields

c. Are provided special opportunities to access employment

d. Develop their cultural values language and practices

e. Have reasonable access to water, health services and infrastructure.

The interpretation clause in the constitution defines “Marginalized community” to mean a

traditional community that, out of a need or desire to preserve its unique culture and identity from

assimilation, has remained outside the integrated social-economic life of Kenya as a whole, or an

indigenous

community that has retained and maintained a traditional lifestyle and livelihood based on hunter

or gatherer economy; or pastoral persons and communities whether they are nomadic or a settled

community that because of its relative geographic isolation has experienced only

marginal participation in the integrated social and economic life of Kenya as a whole.
Minorities can be defined as ethnic or religious groups that have a population of less than half of the

Kenyan Population. In Kenya, we have three major groups: the Kikuyu, Kamba and the Luo.

Article 43 (1) every person has the right –

(a) To the highest attainable standard of health, which includes the right to health care services,

including reproductive health care;

(d) To clean and safe water in adequate quantities;

(f) To education.

Article 20 (5) In applying any right under Article 43, if the State claims that it does not have the

resources to implement the right, a court, tribunal or other authority shall be guided by the following

principles-

a) It is the responsibility of the State to show that the resources are not available;

b) In allocating resources, the State shall give priority to ensuring the widest possible enjoyment

of the right or fundamental freedom having regard to prevailing circumstances, including the

vulnerability of particular groups or individuals; and

c) The court, tribunal or other authority may not interfere with a decision by a State organ

concerning the allocation of available resources, solely on the basis that it would have reached a

different conclusion.

Article 44 (2) A person belonging to a cultural or linguistic community has the right with other

members of that community–

a) To enjoy the person’s culture and use the person’s language; or

b) To form, join and maintain cultural and linguistic associations and other organs of civil society.
 Article 27 (6) To give full effect to the realization of the rights guaranteed under this Article, the

State shall take legislative and other measures, including affirmative action programs and policies

designed to redress any disadvantage suffered by individuals or groups because of past

discrimination.

Article 28 every person has inherent dignity and the right to have that dignity respected and

protected.

Article 35 (1) every citizen has the right of access to-

a) Information held by the State; and

b) Information held by another person and required for the exercise or protection of any right

or fundamental freedom.

Provisions in the Kenyan Constitution 2010 that support article 56

 Art 100: Parliament shall enact legislation to promote the representation in Parliament of—

(a) Women

(b) Persons with disabilities;

(c) Youth;

(d) Ethnic and other minorities;

(e) Marginalized communities

The Government has enacted different acts of parliament to support the minority and the

marginalized community. Below are some examples;

Political Party act (2011)

Article 97(2) requires that in order for a political party to be registered it must have
Recruited not less than one thousand voters and from each of more than half of

the counties and this membership must reflect the representation of minorities and

Marginalized groups. Subsection (2)(d) further requires that not more two thirds of the membership shall

be of the same gender15. This two thirds gender

Principle pursuant to article 27(8) and in accordance to article 56(a) ensures that

marginalized groups such as women are well represented and take part in

governance.

County government act (2012)

(i) Article 197 requires parliament to enact legislation to prescribe

mechanisms to protect minorities within counties. And that not more than two

Thirds of any county assembly or county executive committee shall be of the same

gender16

(ii) Article 177 which requires parliament to through legislation prescribe the

number of members of marginalized groups, including persons with

disabilities and the youth who shall be members of the county assembly

(iii)Section 87which requires citizen participation in counties to be based

on protection and promotion of interests and rights of marginalized groups

and communities and their access to relevant information

(iii)Section 97 requires county government to put in place their own affirmative

Election Act (2011)

Article 177(b) provides that a county assembly shall consist of

the number of special seat members necessary to ensure that no more than two-thirds of the membership

of the assembly are of the same gender.

This is in line with article 56(a) which requires the representation of minorities and marginalized

groups. In line with these articles, parliament enacted the elections act which under

section 36 requires that special nomination seats as contemplated by article (177)

shall include eight candidates two of whom shall be persons with disability, two

of whom shall be youth and two of whom shall be a person representing a

marginalized group. These special seats shall be nominated by political parties.

IV. ARTICLE 57.

Article 57 of the constitution of Kenya 2010, contemplates that the state shall take measures to

ensure that the rights of older persons are recognized, in so far as fully participation in the

affairs of the society, pursuit of their personal interest, dignified living devoid of abuse and

receipt of reasonable care and assistance from their family and state is concerned.

According to Article 260 of the Constitution of Kenya 2010, an older member is a person who

has attained the age of sixty years.

security. Policies created through subsidiary legislations by the ministry following instructions

from the Cabinet Secretary are what drives the agenda of Article 57. Following the promulgation

of the 2010 constitution it was incumbent that all policy documents be reviewed and aligned with

the new constitution.

In 2014 after a consultative process with various stakeholders including older persons, subject to

Article 10(c) which stipulates public participation in public policy making, the National Policy

for Older Persons and Ageing was reviewed.

There are other laws that article 57 is anchored on in respect to Article 2(6) which states that,

any treaty or convention shall form part of the law of Kenya under this constitution. Therefore,

various laws aligned to the protection of the rights and welfare of the older persons are always

given an upper hand in so far as the they are not inconsistent and in contravention of the Article

2(4). In the same breathe the ingredients contained in the United Nation Plan of Action on

Ageing - 1982, United Nations Principles for older persons - 1991, United Nations

proclamation on Ageing - 2002, African Union policy framework on Ageing - 2002 are a

point of reference when it comes to protecting the older persons. More specifically the

International Covenant for Civil and Political Rights, invokes that all persons are equal before

the law and are entitled without any discrimination to equal protection of the law.

Moreover, other provisions in the constitution of Kenya 2010 back up Article 57, Article 21(3)

states that all state organs and public officers have the duty to address the needs of vulnerable

groups, within society including older persons, Article 27(4) provides that the state promotes

and safeguards equality and non-discrimination of older persons together with other marginalized

group, Article 43(3) is keen in ensuring the Economic and social rights to all persons including
social security to older persons. Much emphasis on the rights of older persons are enumerated in

Article 26 which provides for the right to life, Article 28 decrees the right to dignity and respect

to all persons and Article 40 to the protection of the right to own property. When the constitution

says every person it means even the older persons.

The previous governments have also implemented the provisions of Article 57 by introducing

innovative social assistance programs such as Inua Jamii in 5th July 2017 to cushion the elderly

from lack of basic necessities.

Statistically speaking it is without a doubt that article 57 in harmony with other constitutional

provisions has played a huge role in safeguarding the rights and privileges of older persons, and

consequently increasing their lifespan, this is evident from the national population census

reports from The Kenya National Bureau of Statistics (2019) which pointed out an

exponential

increase in the number of older persons as compared to the previous years.

Furthermore, it is good of the state which ensures inclusivity for the elderly people with

disabilities. According to section 15 of the Persons with Disabilities Act, the older people with

disabilities are employed which enables them become productive without being forced into early

retirement. Section 15[6] of the Act provides that the minimum age for retirement is sixty years.

Therefore, they will have served the nation before sixty, fulfilled their goals and participated in

the country’s development at their own desired levels.

In conclusion, the state provides retirement pensions to government employees when they attain

the age of sixty. Annual estimates are conducted to ensure payment of pensions to the older

people this is well explained in section 20 of the Retirement Benefits Act.