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registration may not be withheld or withdrawn unreasonably.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.
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