High Court declares Community Groups Registration Act unconstitutional over public participation

Nairobi, Kenya - The High Court has ruled that the Community Groups Registration Act is unconstitutional due to insufficient public involvement during its legislative process. Justice Lawrence Mugambi found that Parliament did not adequately involve the public, failing to meet the constitutional requirement for meaningful and adequate participation.

While Parliament acknowledged input from state institutions and officials, they did not demonstrate that ordinary citizens had a genuine chance to share their opinions and have them considered before the law was enacted. The court has suspended the enforcement of this decision to give Parliament six months to correct the issue and ensure compliance with constitutional standards.

During this period, the Act remains in effect. If Parliament fails to address the problem within the allocated time, the ruling will become legally binding on February 10, 2027. This decision is expected to reignite the discussion on the extent of public involvement required by Parliament when drafting legislation and whether consultations with state agencies alone are sufficient to meet constitutional thresholds.