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.
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.
