High Court declares Community Groups Registration Act unconstitutional

• Justice Lawrence Mugambi ruled in favour of a petition challenging the law, finding that the process used to enact the Act did not meet the constitutional requirement for meaningful and adequate public participation.

File image of a judge's gavel.

The Community Groups Registration Act has suffered a major setback after the High Court found that Parliament failed to properly involve the public before passing the law.

Justice Lawrence Mugambi ruled in favour of a petition challenging the law, finding that the process used to enact the Act did not meet the constitutional requirement for meaningful and adequate public participation.

According to the court, Parliament received and considered views from State actors but failed to demonstrate that ordinary members of the public were given a genuine opportunity to have their views heard and considered.

The judge therefore declared the Act unconstitutional.

However, the law will not become immediately invalid.

The court has given Parliament six months to go back and correct the constitutional defect.

This means the Act remains in place during the six-month period as Parliament considers how to comply with the court's decision.

If Parliament does not address the issue within the period granted by the court, the declaration of unconstitutionality will take effect at midnight on February 10, 2027.