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ghts Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and BoundariesCommission (Interested Mr Omiti for the Interested Party CA Susan While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons Attribution-ShareAlike 4.0 International, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions. Read our Privacy Policy | Disclaimer http://www.kenyalaw.org - Page 29/29 Powered by TCPDF (www.tcpdf.org)

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Centre for Minority Rights Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and Boundaries Commission (Interested Party), 2022.

Case Law

Country

Kenya

Country Location

Latitude: 2.2319662848575907

Longitude: 37.627257845273796

Country Location (linked Case Law): Kenya

Decision Date: Apr 4, 2022

Case Status: Closed

Case Outcome (Procedural)

Admissibile
Motion Granted

Case Outcome (Disposition)

Injunction, Order, or Motion Granted

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
English
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CYRILLA: Global Digital Rights Law

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Centre for Minority Rights Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and Boundaries Commission (Interested Party), 2022.

Primary Documents

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