MICAH KIGEN & 2 OTHERS V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 5555 (KLR)

Facts

The petitioners are members of a political lobby group committed to the election of Hon. Raila Odinga as President. The CIC is the body tasked with monitoring, facilitating, and overseeing the implementation of the Constitution.

Issues

1. Validity of section 34(9) of the Election Act
2. Whether section 34(9) of the Election Act contravenes fundamental rights or freedoms of the petitioner
3. Whether the National Assembly and the Attorney General are under a constitutional duty to coordinate with and consult the Commission on the Implementation of the Constitution
4. Whether there is a dispute for determination by the court and in absence of a dispute does the court have jurisdiction to interpret the Constitution
5. Who should bear the costs of the petitions

Reasoning

The court determined that the inclusion of candidates nominated for election to posts of President and Deputy President by political parties in the parties list of persons to be nominated to represent special interests groups under the Constitution is a differentiation without a rational connection to a legitimate purpose.

Outcome

Petition No. 268 of 2012 and Petition No. 389 of 2012 are dismissed.

Authorities cited