ghts Development (CEMIRIDE) & 2 others v Attorney General & 2 others; Independent Electoral and BoundariesCommission (Interested 161. The complaint by the Petitioners however, is not that the system ought not to be developed. Their grievance is that it was developed without putting into place the necessary infrastructure to ensure that the fundamental rights of those marginalized are taken into account. The petitioners’ case is that the marginalized population constitute at least 20% of the entire Kenyan population and that a sizeable portion of the populace has no access to internet which is the mode through which the IPPMS operates. 162. It was the contended that 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. This, it was averred, is due to the fact that a review of the 2019 census report reveals statistical data on the stark reality of marginalisation in the country in reference to the access of internet by the minorities and indigenous communities. From this data, it was averred that the inability of MIPs to access the internet will unjustifiably lock them out from the electoral process of registering, freely joining a political party of choice and changing a political party. 163. Article 38 of the Constitution provides as follows: (1) Every citizen is free to make political choices, which includes the right— (a) to form, or participate in forming, a political party; (b) to participate in the activities of, or recruit members for, a political party; or (c) to campaign for a political party or cause. 164. It goes without saying that for one to exercise his right to participate in the activities of a political party, he must of necessity be at liberty to decide which political party to belong to and when to leave a particular party and join another party if he so wishes. He also ought to have facilities that enable him to confirm which political party the records indicate that he belongs to. Accordingly, it is important that efficient mechanisms be put into place to enable the citizens enjoy this right. 165. The Petitioners contend that the development of the IPPMS as the only avenue through which one can check his membership status, join a party of choice and resign from a party, restrict if not completely deprive them of their rights under the said Article in light of the fact that they have no access to internet connectivity. 166. Article 6(3) of the Constitution provides that: A national State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service. 167. It goes without saying that the IPPMS is developed with a view to attaining efficiency in the service delivery to those who wish to access them. It therefore behoves the State to ensure that this service is availed to all parts of the Republic since the Article 38 rights inure to all citizens. In my view any system being developed for the purpose of service delivery must be aimed at the realisation of the constitutional principles including the Bill of Rights which is expressed in Article 19(1) of the Constitution as an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. Accordingly, any system geared towards the abridgement of the fundamental rights cannot pass the constitutional test. 168. In developing a system such as one the subject of this petition, the State must ensure that the circumstances of the citizens are catered for so as to avoid violation of the rights of a particular sector of the citizenry. Accordingly, the place of the marginalised in the society must be protected. Article 260 of the Constitution defines “marginalised community” to mean— (a) a community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; (b) a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; http://www.kenyalaw.org - Page 21/29