Freedom of association in Kenya: constitutional foundations, judicial reasoning, and democratic tensions
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Date
2025
Authors
Mboce, Njoki
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School of Law, University College Cork
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Abstract
This chapter examines the right to freedom of association in Kenya. It seeks to provide a comprehensive, descriptive understanding of how the right is codified, interpreted, and applied in the Kenyan legal system and by her courts. The right to freedom of association in Kenya emerges as both a constitutional guarantee and a site of contestation, where the regulatory role of the state must balance democratic pluralism with internal accountability of associations, physical associational life and emerging trends including digital platforms and online mobilization.
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Keywords
Freedom of association , Kenya , Constitutional foundations , Judicial reasoning , Democratic tensions
Citation
Mboce, N. (2025) 'Freedom of association in Kenya: constitutional foundations, judicial reasoning, and democratic tensions', Societās Working Paper 29/2025 (20pp). Cork: School of Law, University College Cork.
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© 2025, the Author(s). Views expressed do not represent the views of the Societās project or the School of Law at UCC.
