Legislation limiting right of free association

Ali SAid Chizondo & 2 Others v Republic [1998] eKLR

This was a constitutional reference from a Chief Magistrates Court for determination on the alleged contravention of the freedom of association and assembly.

The applicants were charged with the offence of taking part in an unlawful assembly contrary to section 79 of the Penal Code. They all denied the charges. The 2nd and 3rd applicants were released on bail while the 1st applicant who was already in custody was detained there.

Law Society of Kenya v Hillary Mutyambai Inspector General National Police Service & 4 others ; Kenya National Commission on Human Rights & 3 others (Interested Parties) [2020] eKLR

This petition challenged the night curfew published as Legal Notice No. 36 - The Public Order (State Curfew) Order, 2020 (the curfew order) under the Public Order Act, Cap. 56 (the POA). The petitioners argued that the curfew order was unconstitutional for limiting rights such as the freedom of association, freedom of assembly and right to work; and failing to provide the period of the curfew as required under section 8 of the POA.

In considering the constitutionality of the POA, the court considered, inter alia:

SDV Transami Kenya Limited and 19 Others v Attorney General & 2 Others & another [2016] eKLR

This petition challenged, inter alia, the legality of the compulsory requirement, in the Merchant Shipping (Maritime Service Providers) Regulations 2011 (the Regulations), for membership in an association for purposes of regulating the maritime industry. The petitioners sought a declaration that the Regulations were invalid for violating their rights to equal protection of the law, freedom of association and property.


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