Association

The petitioner, the Kenya National Parents Association, challenged the decision of the 1st and 2nd respondents, the cabinet secretary and principal secretary Ministry of Education, to carry out elections for parent associations for schools in Kenya. The petitioners argued that their right to freedom of association and right to conduct its affairs without interference were thus infringed.

The respondents, as part of an entity known as the Murang’a County Initiative (MCI), caused to be published a message purporting to bind the people of Murang'a County to support a political party called the PNU Alliance. The petitioners, who claimed to be officials of MCI, sought a declaration that the message contravened the freedom of conscience, freedom of expression, freedom of association and political rights as guaranteed in the Constitution.

This was a petition challenging the constitutionality of section 28 of the Elections Act (the Act), on grounds that it violates the right and freedom of (political) association guaranteed under articles 36 and 38 of the Constitution.