FOA

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 seeking an order to declare the government’s action to proscribe a political group called Mombasa Republican Council unconstitutional,  with regard to articles 36, 37, 38, 40 and 47 of the Constitution. The articles guarantee the rights to freedom of association, assembly and demonstration, as well as fair hearing, fair administrative action and political rights.

The court determined whether the action by the government banning the group was constitutionally reasonable and justifiable.

This was an appeal against the decision of the High Court that held that the refusal of the appellants, the Non-Governmental Organizations Co-Ordination Board, to register the respondent, an organization seeking to protect the LGBTIQ community in Kenya, was in contravention of their right to freedom of association.