Article 31 of the Constitution guarantees the right to privacy to every person which includes the right not to have information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications infringed. Moreover, Article 2 of the Constitution recognizes general rules of international law as well as treaties and conventions that Kenya has ratified as sources of law in Kenya. This means that provisions of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which provide for privacy rights and have been ratified are binding in Kenya.

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