Can you be forced to join a union, association or chama?
Constitution of Kenya, 2010 · sources read 5 Oct 2026
No. Everyone has the right to form, join or take part in an association of any kind, and no one may be forced to join one. Where a law requires an association to register, registration may not be refused or withdrawn unreasonably.
- Where
- Kenya National Commission on Human Rights (KNCHR) offices, online or by email; the High Court
Steps
- If your right is violated, you can complain to the Kenya National Commission on Human Rights (KNCHR): visit its offices, send a letter, use its online complaints page or email complaint@knchr.org.
- You can go to court claiming your freedom of association has been denied, violated or is threatened. The High Court decides whether a right in the Bill of Rights has been violated.
Watch out
- This freedom can be limited by law, but only as far as is reasonable and justifiable in an open and democratic society.
- A law may limit this freedom for people serving in the Kenya Defence Forces or the National Police Service.
- An employer can't make you stay out of a union or quit one, and can't dismiss or disadvantage you because of union membership.
- You can't be forced to join a union, but if a union's registered collective agreement covers your job, the Cabinet Secretary can order your employer to deduct an agency fee from your pay even if you're not a member. It can't be more than the union dues.
Who this covers
- Every person. It covers associations of any kind, from unions and welfare groups to chamas and clubs.
- No one may be compelled to join an association of any kind.
- Every worker has the right to form, join or take part in a trade union.
- Associations: a law that requires registration must say registration cannot be withheld or withdrawn unreasonably, and you must get a fair hearing before it is cancelled.
- Employees: the Labour Relations Act gives every employee the right to help form a union, join one, or leave one.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026
- Report Violation knchr.org · read 4 Oct 2026
- Labour Relations Act (Cap. 233), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026