17/06/2026
In Muthumba v Land Surveyors Board & 3 others [2026] KEHC 2645 (KLR) the High Court considered whether requiring land surveyors to become full members of the Institution of Surveyors of Kenya (ISK) before obtaining a practising licence violated the constitutional right to freedom of association under Article 36.
The petitioner, a qualified surveyor, challenged section 12 (1) of the Survey Act and Regulation 15 of Survey Regulations that required proof of full ISK membership as part of the licensing process. He argued that ISK is a voluntary professional association registered under the Societies Act and not a statutory regulator, and that compelling membership infringed this right not to be compelled to join an association.
The Court agreed. It found that while ISK performs valuable professional and ethical functions, it is not the statutory body responsible for licensing or regulating surveyors. Those powers belong to the Land Surveyors’ Board under the Survey Act. The Court emphasized that mandatory membership in a private association as a condition for accessing a profession amounts to compelled association, which violates Article 36(2) of the Constitution.
Applying the limitation test under Article 24 of the Constitution, the Court held that the requirement was not reasonable or justifiable. The Court held that professional standards and public protection could be achieved through the Land Surveyors’ Board without forcing surveyors to join ISK.
The Court distinguished the ISK from the Law Society of Kenya, noting that the LSK was statutory regulator, while the ISK is neither a creature of statute nor does it have any regulatory functions.
Consequently, the Court declared the impugned provisions unconstitutional, struck out the requirement for mandatory ISK membership, and affirmed that membership in professional associations must remain voluntary. It further clarified that the Land Surveyors’ Board is the only statutory body with authority to license and regulate land surveyors.
