NAIROBI, Kenya Sep 11 — The High Court has declared the Community Groups Registration Act unconstitutional after finding that Parliament failed to adequately involve the public before passing the legislation.

📻 Breaking It Down

Justice Lawrence Mugambi ruled that the legislative process did not satisfy the constitutional requirement for meaningful and adequate public participation.

The court found that Parliament demonstrated that it had received and considered views from State institutions and other State actors, but failed to prove that members of the public were given a genuine opportunity to participate in the process.

According to the ruling, public participation requires more than consultations with government agencies and State officials. Parliament was required to demonstrate that ordinary citizens had an opportunity to present their views and that those views were properly considered before the law was enacted.

📌 What You Need to Know

Justice Mugambi consequently declared the Community Groups Registration Act unconstitutional.

The court, however, suspended the effect of the declaration to give Parliament an opportunity to correct the constitutional violation.

Parliament has been given six months to address the defect identified in the legislative process and ensure that the law complies with constitutional requirements.

The Act will therefore remain in force during the period granted by the court.

If Parliament fails to remedy the defect within the six months, the declaration of unconstitutionality will take effect at midnight on February 10, 2027.

The ruling effectively gives Parliament a deadline to revisit the law and undertake a constitutionally compliant process, particularly with regard to public participation.

📰 Source: Capital FM Kenya