Constitutional right of free association

Randu Nzai Ruwa & 2 Others v Internal Security Minister & Another [2012] eKLR

This was a petition seeking an order to declare the government’s action to proscribe a political group called Mombasa Republican Council unconstitutional,  with regard to articles 36, 37, 38, 40 and 47 of the Constitution. The articles guarantee the rights to freedom of association, assembly and demonstration, as well as fair hearing, fair administrative action and political rights.

The court determined whether the action by the government banning the group was constitutionally reasonable and justifiable.

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