Kenya

This was a petition seeking an order to declare the government’s action to proscribe a political group called Mombasa Republican Council unconstitutional,  with regard to articles 36, 37, 38, 40 and 47 of the Constitution. The articles guarantee the rights to freedom of association, assembly and demonstration, as well as fair hearing, fair administrative action and political rights.

The court determined whether the action by the government banning the group was constitutionally reasonable and justifiable.

This was an appeal against the decision of the High Court that held that the refusal of the appellants, the Non-Governmental Organizations Co-Ordination Board, to register the respondent, an organization seeking to protect the LGBTIQ community in Kenya, was in contravention of their right to freedom of association.

This was a petition seeking to declare that actions by the police to stop a demonstration and arrest the petitioners, was illegal and unconstitutional under articles 32, 33, 36, 49 and 50 of the Kenyan Constitution. The petitioners also sought an order declaring sections 78 (1) and (2) and 94(1) of the Penal Code null and void.