susceptibilities of different sections of the Kenyan community; …and ensure that derogatory remarks based on ethnicity, race, creed, colour and sex are not broadcast …” 78. There has been an increase in public access to Government information which enhances transparency and accountability. The challenge however has been the lack of censorship in the social media and text messages. The penetration of mobile phones in Kenya has enhanced access to information to citizens thereby creating a positive effect. For example, farmers can now receive information on the expected weather patterns from the Meteorological Department through text messages. Article 10: Freedom of Association 79. Article 36 of the Constitution guarantees freedom of association. It states that every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. A person shall not be compelled to join an association of any kind. It further adds that any legislation that requires registration of an association of any kind shall provide that registration may not be withheld or withdrawn unreasonably. The freedom of association is further protected in national legislation in force, such as the Cooperative Societies Act and the Societies’ Act. Kenyan Law also protects many professional associations and organizations, such as the medical association, the Bar Association, the Architectural Association of Kenya. Article 11: Freedom of Assembly 82. Article 37 of the Constitution allows every person the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities. In the recent past this right has been threatened by political inflammatory remarks that spark ethnic clashes. Kenya’s security agencies have been criticized whenever they issue orders against public rallies due to security concerns. The issue remains one of balancing the exercise of the right to assemble on the one hand and securing citizens at any given time. Article 12: Freedom of Movement 83. Kenyan citizens have constitutional rights to travel, reside in, and/or work in any part of the state where one pleases within the limits of respect for the liberty and rights of others, and to leave that state and return at any time. The constitution further protects the right of every person, including non citizens to move freely in the country and to leave Kenya. The right to freedom of movement is governed by various laws which also spell out certain restrictions on the right, particularly with regard to national security, public health and morals or other rights and freedoms. An examination at border areas for health reasons such as the Ebola virus are done within the purview of the Public Health Act and Kenya Citizenship and Immigration Act, enacted in 2011 the particularly for non citizens. 84. The Kenya Citizenship and Immigration Act, 2011 makes provisions for the acquisition, loss and regaining of citizenship, duties and rights of citizens; issuance of travel documents; entry, residence and exit out of Kenya. The Act prohibits the entry into Kenya non citizens who engages in human trafficking, human smuggling, sexual exploitation and sex crimes. 22

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