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 an application for confirmation of an order, of constitutional invalidity of section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 (Regulations), pronounced by the High Court.
The High Court found that section 12(1)(a) limits the right to assemble peacefully and unarmed, by requiring a convener to give notice of an assembly of more than 15 people.
This was an order to revise and clarify the definition of an idle and disorderly person per the Penal Code Act. The accused person was charged with photographing the president without permission. He entered a plea of guilty before the magistrates’ court. The magistrate court accordingly convicted the accused on the plea of guilty.
