Our Legal Work
The Atheists In Kenya Society actively protects freedom of religion and belief through strategic litigation aimed at upholding constitutional rights for all Kenyans. By pursuing public interest cases in the courts, the Society challenges laws, policies, and practices that discriminate against atheists, humanists, and other non-religious persons, while also defending the principle that the State must remain neutral in matters of belief.
Through litigation grounded in Articles 8, 27, 32, and 33 of the Constitution of Kenya, the Society seeks to prevent coercion, exclusion, and unequal treatment based on religion or lack of it, thereby strengthening the rule of law and ensuring that every individual is free to believe, not believe, or change their beliefs without fear of punishment or disadvantage.
Stephen Ndichu VS Atheists In Kenya Soceity - Petition E447 of 2022
In September 18th, 2022, Stephen Ndichu filed a petition at the High court seeking the suspension and de-registration of the Atheist society in Kenya.
In the petition filed before the High Court, Bishop Stephen Ndichu has sued also the Registrar of Societies, the Deputy Registrar of Societies, Mukulu Kariuki, the Attorney General and the 1, 2 and third respondents respectively. AIK was the fourth respondent in the petition.
Ndichu through Rukungu Mwongela Yashim and Co. Advocates wanted the court to suspend the activities of the society in the country pending the hearing and determination of the matter.
Judgement
The Court dismissed Ndichu’s Petition.
Atheists In Kenya Society VS Registrar of Societies - Petition 307 of 2016
In 2019, the High Court overturned the suspension of the Atheists In Kenya Socieity.
Atheists In Kenya (AIK) was registered on February 17, 2016 but, just two months later, received a suspension letter from Registrar of Societies Mukulu Kariuki. Religious leaders had earlier called for the disbandment of the group barely two weeks after it had been registered.
According to a letter submitted in court, Attorney-General Githu Muigai received complaints from the public regarding the society’s activities. The letter said there were concerns that AIK had made pronouncements that threatened the peace.
The Societies’ President, Mr Harrison Mumia, said disbanding the group was unconstitutional. He accused Prof Muigai of bowing to pressure from religious leaders.
Judgement
The High Court quashed the suspension.