Kenya

This petition sought, inter alia, a declaration that the fundamental right, under article 37 of the Constitution of Kenya, to assemble, demonstrate, picket, and present petitions to public authorities was conditional on the protestors or demonstrators conducting themselves peaceably and unarmed.  It also sought orders directing the respondents to formulate and/or amend the requisite law and regulations to ensure that demonstrations were peaceful and held as per the Constitution.

This was an appeal against the decision of the High Court to dismiss the petition of the appellants, 16 members of the Occupy Parliament Movement, contending that their arrests and continued prosecution because of demonstrations that they had held were unconstitutional.

The petitioner sought to register an NGO with a core objective of protecting the human rights of the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community. The 1st respondent, the Non-Governmental Organizations’ Co-ordination Board, declined the application on grounds that the Penal Code criminalizes gay and lesbian liaisons since they go against the order of nature.