Have you ever suffered food poisoning after a meal out, or tripped on a slippery floor in a hotel?

People usually view such incidents as “bad luck,” but prominent city lawyer Wakili Danstan Omari reveals that the law provides a clear path for compensation.

In the latest episode of Court Helicopter Explainer, Omari breaks down the practical power of Chapter Four of the Constitution of Kenya, specifically focusing on Articles 42 through 50.

These articles form the bedrock of everyday protection for citizens, ranging from consumer rights to the right to a clean environment.

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Consumer Protection: Article 46 of the 2010 Constitution of Kenya

46. Consumer rights

Part 2. Rights and fundamental freedoms

1min read

(1) Consumers have the right–

(a) to goods and services of reasonable quality;

(b) to the information necessary for them to gain full benefit from goods and services;

(c) to the protection of their health, safety, and economic interests; and

(d) to compensation for loss or injury arising from defects in goods or services.

(2) Parliament shall enact legislation to provide for consumer protection and for fair, honest, and decent advertising.

(3) This Article applies to goods and services offered by public entities or private persons.

According to Omari, you are legally entitled to reasonably priced goods and services, and the information required to fully benefit from those goods and services when you enter a business establishment, such as a restaurant, hotel, or bar, safeguarding your financial interests, health, and safety, and payment for harm or loss brought on by flaws in products or services.

He warned Kenyans to be vigilant and read the constitution and understand their rights so as to avoid exploitation.

He further explained that the Constitution doesn’t just suggest they help you but rather entitles you to compensation if you get hurt or become ill because of a service provider’s negligence.

The Three Essentials: Environment, Housing, and Health

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Omari further delved into the “Social and Economic Rights” outlined in Article 43, which stipulates that every Kenyan has their Rights and fundamental freedoms outlined clearly in the 2010 constitution.

Constitution of Kenya – Article 43

43. Economic and social rights

Part 2. Rights and fundamental freedoms

(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;

(b) to accessible and adequate housing, and to reasonable standards of sanitation;

(c) to be free from hunger, and to have adequate food of acceptable quality;

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

(e) to social security; and

(f) to education.

(2) A person shall not be denied emergency medical treatment.

(3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependents.

Furthermore, Article 42 guarantees the right to a clean and healthy environment, which Omari notes is not just a lofty ideal but a right that can be legally enforced if a person’s surroundings are being degraded.

Justice and Fair Action

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The episode also simplifies the legal safeguards that protect citizens when dealing with the government or the court system:

Article 47 (Fair Administrative Action): Ensures that any decision made by a government official that affects you must be lawful, reasonable, and procedurally fair.

Article 48 (Access to Justice): The State must ensure that justice is accessible to all, regardless of their social or economic status.

Article 50 (Fair Hearing): Guarantees that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing.

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Danstan Omari