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Right of Association Should Be Enjoyed By All Individuals by Virtue of Them Being Human Beings

Constitutional Petition No. 440 of 2013)

JUDGMENT OF ASIKE MAKHANDIA. TA, Court of Appeal, Nairobi

Article 1 of the Universal Declaration of Human Rights (UDHR) is in the context of this case apt. It neatly sums up what lies at the core of this appeal. This Article recognizes that all human beings are born free and equal in dignity. Thus, strip someone of their dignity and you strip off their essence of being a human being.

Dignity since the beginning of the era of human rights has become the foundation of all other rights. It amounts to the recognition that the sole purpose for protecting , promoting and fulfilling human rights is the acknowledgement that all human beings must be accorded respect.

The concept of dignity for all men and women involves the development of opportunities which allow people to realize full human potential within positive social relationships. It is the quest for dignity, equality and equal recognition and protection before the law that made the respondent in this appeal file the petition, subject of this appeal in the High Court.

Download the entire judgement here: https://hrdcoalition.org/wp-content/uploads/2019/03/NGO-Board-v-Gitari-Makhandia.pdf

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