Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR 981. From the respective submissions of the parties set out above, it appears to us that there are two facets of the alleged denial of the right to equality and non-discrimination disclosed. The first relates to the argument, advanced by the 1st Petitioner and supported by the 2nd Petitioner and the 5th Interested Party, that the impugned amendments and the implementation of NIIMS will perpetuate discrimination against members of the Nubian community and other marginalised groups. The second relates to the contention that the impugned law makes it mandatory for everyone to obtain a Huduma Namba, failing which one will be denied Government services. On Discrimination of the Nubian Community 982. The starting point in considering this issue is to look at the law and previous jurisprudence with regard to discrimination. So far as is relevant for present purposes, Article 27 of the Constitution guarantees to everyone the right to equality and non-discrimination in the following terms: 27. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms. (3)… (4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. (5) … 983. The precise meaning and implication of the right to equality and non-discrimination has been the subject of numerous judicial decisions in this and other jurisdictions. In its decision in Jacqueline Okeyo Manani & 5 Others v. Attorney General & Another (supra) the High Court stated as follows with respect to what amounts to discrimination: “26. Black’s Law Dictionary, 9th Edition defines “discrimination” as (1)”the effect of a law or established practice that confers privileges on a certain class because of race, age sex, nationality, religion or hardship” (2) “Differential treatment especially a failure to treat all persons equally when no reasonable distinction can be found between those favoured and those not favoured”. 27. In the case of Peter K Waweru v Republic [2006]eKLR, the court stated of discrimination thus:“Discrimination means affording different treatment to different persons attributable wholly or mainly to their descriptions whereby persons of one such description are subjected to … restrictions to which persons of another description are not made subject or have accorded privileges or advantages which are not accorded to persons of another such description… Discrimination also means unfair treatment or denial of normal privileges to persons because of their race, age sex … a failure to treat all persons equally where no reasonable distinction can be found between those favoured and those not favoured.”(emphasis) 28. From the above definition, discrimination, simply put, is any distinction, exclusion or preference made on the basis of differences to persons or group of persons based such considerations as race, colour, sex, religious beliefs political persuasion or any such attributes that has real or potential effect of nullifying or impairing equality of opportunity or treatment between two persons or groups. Article 27 of the Constitution prohibits any form of discrimination stating that. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law, and that (2) Equality includes the full and equal enjoyment of all rights and http://www.kenyalaw.org - Page 162/174