Atheism Is Constitutional – High Court

Today, the High Court of Kenya delivered a landmark decision by dismissing a petition filed by Bishop Stephen Ndichu in 2022, which sought the deregistration of the Atheists In Kenya Society. The petitioner also wanted a declaration made by the Courts, affirming that Kenya is a religious state.

In his ruling, Justice Lawrence Mugambi said it is a matter of conscience what a person chooses to believe in or not.

Justice Mugambi underscored the fact that Kenya does not operate as a theocracy. He avered that it would be unconstitutional to impose a belief upon an individual who does not subscribe to it, as such an act would constitute theocratic tyranny. He cited Article 8 of the Constitution which states: There shall be no state religion.

This is not the first instance in which the Atheists In Kenya Society has encountered legal challenges regarding its registration status. In 2016, Attorney General Githu Muigai, through the registrar of societies, suspended our registration. We contested this decision in court and emerged victorious.

The right of atheists should thus be protected under Article 32 of the Constitution. Justice Lawrence Mugambi

Following this ruling, we encourage Kenyans who have abandoned their belief in a supernatural god, to visit our website and register as members in large numbers. The Atheists In Kenya society accepts atheists, agnostics, humanists, skeptics, and free-thinkers as members. You must be a Kenyan citizen to register as a member.

As a society, we stand for the building of a more humane, just, compassionate, and democratic society using pragmatic ethics based on human reason, experience, and reliable knowledge.

We also want to take this opportunity to applaud the Kenya Conference of Catholic Bishops (KCCB) for rejecting the donations made by President William Ruto and Nairobi Governor Johnson Sakaja during a church service at Soweto Catholic Church last month.

The Church must not shy away from speaking truth to power. It is disheartening when we reflect and see how the Church has, in the past, aligned itself with corrupt leaders, inviting them repeatedly to grace fundraisers. This cosy relationship has compromised the Church’s ability to speak out against corruption.