Cap. 104

Cap. 105. 

81. (1) No citizen of Kenya shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Kenya, the right to reside in any part of Kenya, the right to enter Kenya, the right to leave Kenya and immunity from expulsion from Kenya.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) 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) for the imposition of restrictions on the movement or residence within Kenya of any person or on any person's right to leave Kenya that are reasonably required in the interests of defense, public safety or public order;

(b) for the imposition of restrictions on the movement or residence within Kenya or on the right to leave Kenya of persons generally or any class of persons that are reasonably required in the interests of defense, public safety, public order, public morality, public health or the protection or control of nomadic peoples 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;

(c) for the imposition of restrictions, by order of a court, on the movement or residence within Kenya of any person or any person's right to leave Kenya either in consequence of his having been found guilty of a criminal offence under the law of Kenya or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Kenya;

(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Kenya;

(e) for the imposition of restrictions upon the movement or residence within Kenya or on the right to leave Kenya of public officers or of members of a disciplined force;

(f) for the removal of a person from Kenya to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Kenya of which he has been convicted; or

(g) for the imposition of restrictions on the right of any person to leave Kenya that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law 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.

(4) If a person whose freedom of movement has been restricted by virtue of a provision referred to in subsection (3) (a) so requests at any time during the period of that restriction not earlier than three months after the order was made or three months after he last made the request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the President from among persons qualified to be appointed as a judge of the High Court.

(5) On a review by a tribunal in pursuance of subsection (4) of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

(6) Until it is otherwise provided by Act of Parliament nothing in this section shall affect the operation of the Outlying Districts Act* or the Special Districts (Administration) Act* or any law amending or replacing either of those Acts:

Provided that no law amending or replacing either of those Acts shall impose, or authorize the imposition of, restrictions on the rights guaranteed by this section greater than the restrictions on those rights in force under that Act on 31st May, 1963, and no such restriction shall be imposed under either of those Acts, or by or under any such law, in or in respect of any area other than an area in or in respect of which a restriction was in force under that Act on 31st May, 1963.

*The Outlying Districts Act (Cap. 104) and the Special Districts (Administration) Act (Cap. 105) were repealed by 10 of 1997.