ghts Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and BoundariesCommission (Interested (c) an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or (d) pastoral persons and communities, whether they are— (i) nomadic; or (ii) a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole. 169. The same Article defines “marginalised group” to mean a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4). 170. In Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council vs. Kenya, 276/2003, the African Commission on Human and Peoples Rights’ (ACHPR) noted at para 148 that indigenous peoples are communities that: “...have not been accommodated by dominating development paradigms and in many cases, they are being victimised by mainstream development policies and thinking and their basic human rights violated…indigenous peoples have, due to past and ongoing processes, become marginalised in their own country and they need recognition and protection of their basic human rights and fundamental freedoms.” 171. In Rangal Lemeiguran & Others vs. Attorney General & Others [2006] eKLR, where the High Court affirmed the existence of indigenous peoples in Kenya and ruled that they had the right to influence the formulation and implementation of public policy, and to be represented by people belonging to the same social cultural and economic context as themselves. The High Court further observed that Representation is a clear constitutional recognition of a positive right of the minority – to participate in the State’s political process and to influence State policies. 172. Article 10 of the Constitution provides as follows: (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them–– (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public policy decisions. (2) The national values and principles of governance include–– (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c) good governance, integrity, transparency and accountability; and (d) sustainable development. 173. It is therefore clear that protection of the marginalized is one of the national values and principles of governance espoused in the Constitution. In Nairobi Civil Appeal No. 224 of 2017 – Independent Electoral and Boundaries Commission & Others vs. http://www.kenyalaw.org - Page 22/29