KIPNGETICH MAIYO BERNARD ASIBA RUTH JEPKEMBOI SUTER KIPKEMBOI KEMEU KIPRUTO CHIRCHIR TUM DANSON TOROREI JOHN KERICH MILTON TUWEI PHILIP MASIBAI FLORA JEPCHIRCHIR LEI GEOFFREY MUASYA EMILY JEBITOK SALIL HELLEN MARITIM TUITOEK REBECCA BITOK SAWE ELIAJH KIPNGETICH TIROP CAROLINE TALLAM KIGEN STEPHEN MAINA EDWARD BITOK BUSIENEI ELIJAH SAMUEL KINUI CHIRCHIR KENNETH TALLAM SIMON LEI OBADIA KIPKORIR JOSEPH ROTICH
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JOSHUA ROTICH …………………..………...…. PETITIONERS AND THE KENYA LAND COMMISSION SELECTION PANEL …………………….…. 1ST RESPONDENT THE PUBLIC SERVICE COMMISSION ........ 2ND RESPONDENT THE ATTORNEY GENERAL …..………...…. 3RD RESPONDENT COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION ………….…..…… 4TH RESPONDENT RULING 1. Paragraph 42(ii) of the petition states that, ‘the Right of the petitioners to human dignity as Kenyans of Kalenjin Ethnic descent have been violated by the nomination of a disabled person to represent them in the National land Commission.” The statement is emphasized by paragraph 24(b) of the Supporting affidavit of Kipng’etich Maiyo. 2. These statements speak for themselves and do not need any elaboration. They are at once contrary to the letter and spirit of the Constitution which according to its preamble, emphasizes that the people of Kenya are proud of their diversity and recognizes the aspiration of all Kenyans to the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. 3. Whatever grievance a party may have, it must be expressed in a manner that enhances the fundamental values of the nation among them human dignity as set out in Article 10. Furthermore, this court cannot permit the disparagement of any person, disabled or not. Persons with disabilities are recognized as persons requiring special consideration by the Constitution. 4. I have stated enough to show that paragraph 42(ii) of the Petition and paragraph 24(b) of the Supporting Affidavit cannot be allowed to deface the court process. They are scandalous and are hereby struck out. DATED and DELIVERED at NAIROBI this 2nd day of October 2012 D.S. MAJANJA JUDGE Mr E. Ondieki instructed by Ondieki and Ondieki Advocates for the petitioners in Petition No. 373 of 2012. Mr O. Wanyaga instructed by Kinoti and Kibe and Company Advocates for petitioners in Petition No. 426 of 2012. Mr S. Munyi, Litigation Counsel, instructed by the State Law Office for the respondents. Mr Lando, Advocate, instructed by Dr. Samuel Kipng’etich Tororei, interested party.
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