27. Equality and freedom from discrimination
(1) Every person is equal before the law and has the right to equal protection
and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental
freedoms.
(3) Women and men have the right to equal treatment, including the right to
equal opportunities in political, economic, cultural and social spheres.
(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.
(5) A person shall not discriminate directly or indirectly against another person
on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this
Article, the State shall take legislative and other measures, including affirmative
action programmes and policies designed to redress any disadvantage suffered by
individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any
benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take
legislative and other measures to implement the principle that not more than two-
thirds of the members of elective or appointive bodies shall be of the same gender.
Article 27 of the Constitution of Kenya
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