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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
PETITION OR APPLICATION NO [reference]
[APPELLANT OR APPLICANT] v [RESPONDENT]
AFFIDAVIT
1. I am [applicant reference] and identify the name reservation correspondence in the appellate record. No private membership list or identifying details of vulnerable persons are included in this public specimen.
2. A1 contains the proposed names and the stated rights advocacy objects of the association. The sample preserves their procedural role while replacing identifiable particulars with bracketed fields.
3. A2 is the regulator’s written refusal. I identify the reasons actually given, separating the name decision from a completed registration decision or a determination of criminal liability.
4. A3 contains my request for reconsideration and the response received. I do not assert that an internal appeal existed or was exhausted unless the applicable provision and filed record support that statement.
5. A4 contains the earlier judgments and constitutional pleadings. I identify existing evidence only; confidential member information must not be introduced as fresh appellate material without permission.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
This is an illustrative affidavit identifying existing records, not permission to add fresh appellate evidence. State the deponent’s authority, personal knowledge and source of information. Verify each exhibit and page reference. Obtain leave or directions where an additional affidavit is required; new evidence requires the applicable admission procedure. Complete the jurat before a competent Commissioner for Oaths. The public sample is unsworn and contains no exhibits. An affidavit is not legal submissions.
Exhibit schedule: [label]; [document date]; [description]; [existing record pages or basis of admission]. Do not append invented or missing records.
Source facts and limits of the decision
An applicant proposed names for an organisation advocating the rights of sexual minorities. The regulator refused name reservation by relying on criminal law provisions. The High Court and Court of Appeal found violations of association and equality rights. The regulator appealed to the Supreme Court.
The Supreme Court dismissed the appeal by majority and awarded costs to the first respondent. The decision concerned association and discriminatory name refusal; it did not decriminalise offences or legalise same sex marriage. The dissents were not the binding disposition.
Constitution Articles 27, 36 and 163(4)(a); applicable limitation analysis; availability of an actual internal remedy. The source dealt with the historical NGO regime. For a new filing, verify the Public Benefit Organisations Act framework and current regulator and appeal provisions rather than reuse an obsolete agency name.
Read the original reported decision: [2023] KESC 17 (KLR) — 24 February 2023
The original decision may identify participants. The specimen replaces their identifying details. The complete judgment chapter was downloaded from the official Supreme Court law reports and checked for the background, competing positions and final orders.
Related law and procedural rules
Constitution of Kenya · Public Benefits Organizations Act — current framework requires separate review · Supreme Court Act
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