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A petitioner has gone to court seeking to have the atheist society deregistered.
Dr Stephen Ndicho has sued the Registrar of Societies for allowing the registration of the Atheist In Kenya Society. He claims the registration violates the law.
Ndicho argues that the registration of atheists society and continued operations violates the article preamble of the Constitution, which acknowledges the existence of God hence Kenya being a religious society.
“The preamble reads that we, the people of Kenya—acknowledging the supremacy of the Almighty God of all creation,” the petition reads.
It is his further contention that the registration of the atheists violates the freedom of conscience, religion, belief and opinion guaranteed under Article 32 (1),32(2) of the Constitution.
It states that every person has the right to freedom of conscience, religion, thought, belief and opinion and every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.
According to court papers, the impugned registration also violates Article 18 of the Universal Declaration of Human Rights, which sets out basic human rights and freedoms.
He says the registration infringes the freedom to manifest religion or belief in worship, observance, practice and teaching as encompassed in a broad range of acts.
“The provisions of Articles 8 and Article 32 of the Constitution do not imply or mean that Kenya is a sovereign state without religion, rather they mean Kenya is a religious state with religions that varies in beliefs as to deity/deities and supremacy of Almighty God,” Ndicho argues.
He told the court they have noted that atheists through their Twitter handle have openly expressed distaste against religions, undermined people’s beliefs in religion and people professing their religious freedoms and beliefs, companionship and assembly.
Ndicho wants a declaration issued by the court that the registration of the atheists society is unconstitutional and that the certificate of registration recognising atheists is null and void.
It is his argument that the registration of the atheists violates Section 2 of the Societies Act as they include atheists as public interest groups as it targets the interests of the general public. BY THE STAR