36. Freedom of association
Official Constitutional Text
36. (1) 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.
(2) A person shall not be compelled to join an association of any kind.
(3) Any legislation that requires registration of an association of any kind shall provide that—
(a) registration may not be withheld or withdrawn unreasonably; and
(b) there shall be a right to have a fair hearing before a registration is cancelled.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article protects Freedom of Association.
It means:
- Every person is free to form, join, or participate in any association (e.g., political parties, trade unions, NGOs, professional bodies, clubs, religious groups, etc.).
- No one can be forced to join any association.
- If the law requires an association to be registered, the registration process must be fair, reasonable, and not used to suppress groups. Anyone whose registration is cancelled has the right to a fair hearing.
This right is essential for political parties, civil society organisations, labour unions, and community groups in Kenya.