demonstrable nexus between the petition and this Court’s jurisdiction. To support this point, reliance was placed in Li Wen Jie & 2 others v Cabinet Secretary, Interior and Coordination of the National Government & 3 others [2017] eKLR where it was held that: “[t]he Bill of Rights applies to all persons including foreign national and any decision that is bound to affect their rights must be arrived at in conformity with the constitutionally guaranteed rights to fair process." 96. Like dependence was placed in Republic v Director of Immigration Services Ex-Parte Planet Motors Company Limited & another [2016] eKLR and Mitu-Bell Welfare Society v Kenya Airports Authority & 2 others; Initiative for Strategic Litigation in Africa (Amicus Curiae) [2021] KESC 34. 97. On whether the doctrine of avoidance is applicable, Counsel submitted that the petitioners bring the petition on behalf of a class of persons owing to numerous alleged violations. Reliance was placed in Bia Tosha Distributors Limited (supra) where the Supreme Court held that: “[a] court of law cannot turn a blind eye to alleged constitutional breaches in order to invoke the principle of party autonomy that binds parties to their agreements. This in itself does not mean that any person who sets out to petition the court alleging violation of fundamental rights and freedoms under the Bill of Rights must succeed, as cases are determined on their merits.” 98. Like dependence was placed in Mohamed Feisal & 19 others v Henry Kandie Chief Inspector of Police (OCS) Ongata Rongai Police Station & 7 others; National Police Service Commission & another (Interested Party) [2018] eKLR, CNM v WMG [2018] eKLR, William Odhiambo Ramogi & 3 others v Attorney General & 4 others; Muslims for Human Rights & 2 others (Interested Parties) [2020] eKLR, Communications Commission of Kenya(supra) among others. 3rd Interested Party’s submissions 99. The 3rd interested party opposing the respondent’s application filed submissions dated 20th February 2024 through Chimei and Company Advocates. The issues for discussion were identified as: whether the Constitution of Kenya applies to the instant petition; whether the doctrine of constitutional avoidance is applicable to this petition and whether the respondent’s Terms of Service prevent the 1st and 3rd petitioners from seeking redress for the violation of rights and fundamental freedoms in the Kenyan Courts. 100. On the first issue, Counsel submitted that the instant petition revolves around the petitioners’ pursuit to seek redress for the violation of human rights and freedoms for a class of persons. It is stated that this falls under this Court’s jurisdiction under Article 165 and 22 of the Constitution. Counsel submitted that the respondents’ impugned conduct is linked to Kenya as detailed in the 3rd interested party’s affidavit. 101. Reliance was placed in S N v Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services, Director General, Kenya Citizens & Foreign Nationals Management Services & Attorney General [2016]eKLR where it was held that: “12. Since the provisions applies the phrase “every person” as opposed to “every citizen”, it follows that though the applicant herein is not a citizen of Kenya, she is nevertheless entitled to the protection of her as rights enshrined in Article 47 of the Constitution. This position was the position adopted by Nyamu, J (as he then was) in Republic vs. Minister For Home Affairs and Others Ex Parte Sitamze Nairobi HCCC No. 1652 of 2004 [2008] 2 EA 323 in which he expressed himself as follows: “Although the applicant as a foreigner may not have the same standing as the Kenyan Citizens in respect of some of the rights in the Constitution, section 74(1) is available to protect the applicant because it applies to all persons and it echoes human rights which are recognised by all modern and democratic societies and Kenya is one of such states. Further, the provisions of section 74(1) of the Constitution of Kenya are echoed in article 7 of the International Covenant on Civil and Political Rights, 1966, (ICCPR) which states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The Kenyan provision applies to all persons and not only to The Judiciary of Kenya Doc IDENTITY: 2256051208128601561718914604 Tracking Number:OOEX9A2025 15/23