The applicant, a member of the Law Society of Kenya (LSK), sought a declaration that section 4 of the Law Society Act of Kenya (the Act) was contrary to sections 70(b), 78(1) and 80(1) of the Kenyan Constitution, which guarantee the protection of a person's freedom of conscience, expression, assembly and association.
This was a petition seeking to declare the actions by the police of stopping a demonstration, to be unconstitutional for violating the petitioners’ freedoms of association, assembly and demonstration.
The court considered whether the actions of the police were constitutional, reasonable and justifiable. The petitioners argued that the police violently broke the peaceful demonstration and made arrests.
This was an appeal against the decision of the Court of Appeal to dismiss the appellants’, 16 members’ of the Occupy Parliament Movement, petition contending that their arrests and continued prosecution as a result of demonstrations they had held were unconstitutional.
