24
Limitation of rights and fundamental freedoms. (1) A right or fundamental freedom in the Bill of Rights shall not be limited
except by law, and then only to the extent that the limitation is reasonable
and justifiable in an open and democratic society based on human dignity,
equality and freedom, taking into account all relevant factors, including—
(a) the nature of the right or fundamental freedom;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and fundamental
freedoms by any individual does not prejudice the rights and
fundamental freedoms of others; and
(e) the relation between the limitation and its purpose and whether there
are less restrictive means to achieve the purpose.
(2) Despite clause (1), a provision in legislation limiting a right or fundamental
freedom —
(a) in the case of a provision enacted or amended on or after the effective
date, is not valid unless the legislation specifically expresses the
intention to limit that right or fundamental freedom and the nature and
extent of the limitation;
(b) shall not be construed as limiting the right or fundmental freedom
unless the provision is clear and specific about the right or freedom to
be limited and the nature and extent of the limitation; and
(c) shall not limit the right or fundamental freedom so far as to derogate
from its core or essential content.
(3) The State or a person seeking to justify a particular limitation shall
demonstrate to the court, tribunal or other authority that the requirements of
this Article have been satisfied.
(4) The provisions of this Chapter on equality shall be qualified to the extent
strictly necessary for the application of Muslim law before the Kadhi’s
courts, to persons who profess the Muslim religion, in matters relating to
personal status, marriage, divorce and inheritance.
(
5) Despite clause (1) and (2), a provision in legislation may limit the
application of the rights or fundamental freedoms in the following
provisions to persons serving in the Kenya Defence Forces or the National
Police Service––(a) Article 31 – Privacy;
(b) Article 36 – Freedom of association;
(c) Article 37 – Assembly, demonstration, picketing and petition;
(d) Article 41 – Labour relations;
(e) Article 43 – Economic and social rights;
(f) Article 49 – Rights of arrested persons
Freedom of association
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.Article 24 limits freedoms of armed forces such as those in article 36Read the whole draft not selective reading Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore