36 Constitution of Kenya, 2010 court to which the person is entitled to appeal, or the person did not appeal within the time allowed for appeal; and (b) new and compelling evidence has become available. (7) In the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court. (8) This Article does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusion is necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security. (9) Parliament shall enact legislation providing for the protection, rights and welfare of victims of offences. Rights of persons detained, held in custody or imprisoned. 51. (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned. (2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus. (3) Parliament shall enact legislation that–– (a) provides for the humane treatment of persons detained, held in custody or imprisoned; and (b) takes into account the relevant international human rights instruments. Part 3––Specific Application of Rights Interpretation of this Part. 52. (1) This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons. right. Children. (2) This Part shall not be construed as limiting or qualifying any 53. (1) Every child has the right–– (a) to a name and nationality from birth;

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