Dr. Stephen Ndichu through lawyer Yashim Butembe has moved to court where he wants the Atheist society be suspended and de-registers for alledgly infringing people’s rights of religions
In the petition filed before the high court the petitioner has sued also the Registrar of Societies, the Deputy Registrar of Societies, Mukulu Kariuki, the Attorney General and the 1, 2 and third respondent respectively. The atheist are fourth respondent in the petition.
Dr. Stephen Ndichu through Rukungu Mwongela Yashim and Co. Advocates wants the court to suspend the activities of the society in the country pending the hearing and determination of the matter.
“That the fourth respondent was registered as a society in Kenya under societies act cap 108 Laws of Kenya under registration number 47958 on February 17, 2016 and its activities has continued to violate the article of preamble of the constitution of Kenya 2010 which acknowledges the existence of God,” read the petition in full.
The petitioner also in court papers says that the Atheist through social media statements and press statements has expressed its distaste against religion.
“Through press statements, twitters accounts and social media platforms, the fourth respondent has undermined people’s belief in religions and people professing their religion freedom and beliefs, companionship and assembly,” the Dr through his lawyer told the court.
The petitioner further says that the fourth respondents act comments and / or directives violates the rule of law by giving such comments and / or directives without having regard to the provisions of law under article 18 of the Universal Declaration of Human Rights (UDHR) which set out basic Human rights and freedom.
“Unless the registration of the fourth respondent id nullified, the fourth respondent will continue to set an unconstitutional precedent, that the aforementioned registration is unconstitutional because it is keeping up with the principles of good governance enriched in article 10 of the constitution of Kenya 2010,” said the petitioner.
The court has also been told that the 1,2,3,and 4 respondent and / or their agents have and/are grossly abusing the constitution rights to freedom, right to dignity, the rule of law and natural justice has filed this application in order to seek redress from the court.
In response to the the Atheist through their lawyer told the court that they were regestered within the meaning of section 1 of the society Act Cap 108 of the laws of Kenya.
” That the fourth respondent was regestered by the regestrar of societies on 17.2.2016 and is a holder of certificate of registration number 47958 as annexed by the petitioner,” they said in it’s defense.
It said that all the provisions that could bar the regestration of the society were considered and acted upon by the regestrar of society.
It said in court papers that it was duly regestered and it’s activities has been existence for seven years