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ghts Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and BoundariesCommission (Interested REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS PETITION NO. EOO2 OF 2022 IN THE MATTER OF: THE ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLE 22 IN THE MATTER OF: THE CONTRAVENTION OF ARTICLES 2,6,10,19,20, 21, 27, 35, 38, 56, 156 AND 260 OF THE CONSTITUTION OF KENYA, 2010 IN THE MATTER OF: THE UNITED NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS IN THE MATTER OF: THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN THE MATTER OF: THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE MATTER OF: THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS IN THE MATTER OF: THE POLITICAL PARTIES ACT, 2011 BETWEEN CENTRE FOR MINORITY RIGHTS DEVELOPMENT (CEMIRIDE).............1ST PETITIONER WILLIAM SIPAI.......................................................................................................2ND PETITIONER NOAH KITARPEI MATUNGE................................................................................3RD PETITIONER -VERSUSATTORNEY GENERAL........................................................................................1ST RESPONDENT THE REGISTRAR OF POLITICAL PARTIES...................................................2ND RESPONDENT CABINET SECRETARY MINISTRY OF INFORMATION, COMMUNICATIONS AND TECHNOLOGY......................................................3RD RESPONDENT http://www.kenyalaw.org - Page 1/29

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Centre for Minority Rights Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and Boundaries Commission (Interested Party)

Case Law

Country

Kenya

Country Location

Latitude: 2.2319662848575907

Longitude: 37.627257845273796

Country Location (linked Country): Kenya

Decision Date: Apr 4, 2022

Case Status: Closed

Case Outcome (Procedural)

Admissibile
Motion Granted

Case Outcome (Disposition)

Injunction or Order Granted
Other

Keywords

Access to Information
Discrimination
Elections

Judicial Body: First Instance Court

Court Name: THE HIGH COURT OF KENYA

Case Number: PETITION NO. EOO2 OF 2022

Case Summary: This case is concerned with the inclusion of minority communities in Kenya, seeking to actualise the human rights provisions of the Constitution of Kenya, 2010 and to safeguard the fundamental rights and freedoms of minority and indigenous peoples in the Republic of Kenya. The petition was filed after the government launched the Integrated Political Parties Management System on the State’s e-Citizen platform. This system was put in place to act as "the primary and only platform to manage the political parties’ membership register and to particularly avail the following services to Kenyans; checking of membership status, joining a party of choice and resigning from a party. The Petitioners lamented that the digitisation of such cardinal services impedes the political rights of minorities and indigenous Peoples living in Kenya, a move that departs from Article 6(3) of the Constitution of Kenya, 2010. This is due to the fact that in a setting where minorities and indigenous peoples living in Kenya have been subjected to historical marginalisation and legislative discrimination over the years, and the majority of their population are locked out of internet access; the primary tool in accessing any digital platform. Accordingly, the IPPMS certainly exacerbates the situation by curtailing these communities’ participation in governance and the political landscape generally, since the Kenyan minorities and indigenous communities represent a section of the populace that is limited in access to technology, and the integration of the services to an online system will further disenfranchise these groups." In this case, the Court ordered the government to maintain its obligations to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights and to put in place measures guaranteeing the full enjoyment of the fundamental rights and freedoms encapsulated under Articles 6(3), 27, 35, 38 and 56 of the Constitution of Kenya, 2010 with specific attention to minorities and indigenous peoples.

Collection

CIPIT

Date Updated: Apr 22, 2023

Primary Documents

Petition_E002_of_2022 (1).pdf
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