Hon Rahab Mwaura & 2 others v The County Assemby of Kiambu & 1 other

AND HON KARIUKI ANN WACERA .......................................... INTERESTED PARTY HON KINUTHIA JANE WAMBUI ....................................... INTERESTED PARTY HONNDUA ZIPPORAH WANJIRU ..................................... INTERESTED PARTY HON NJERI TABITHA WANGUI ........................................ INTERESTED PARTY HON NJOROGE ANN WAIRIMU ........................................ INTERESTED PARTY HON NYAGA ESTHER WAMBUI ........................................ INTERESTED PARTY HON CHEGE GLADYS WAMBUI ......................................... INTERESTED PARTY HON GATERU JULIANA WANGECI .................................. INTERESTED PARTY HON GATHONI SHEILA WAMBUI ..................................... INTERESTED PARTY HONIRUNGU ESTHER MUTHONI .................................... INTERESTED PARTY HON MUNGAI STEPHEN CHURU ..................................... INTERESTED PARTY HON GICHANA LUCY WANJIKU ...................................... INTERESTED PARTY HON KIGURU MONIGA WANJIRU ................................... INTERESTED PARTY HON MWAURA RAHAB WANJIKU ................................... INTERESTED PARTY KENYA YOUNG MEMBERS OF COUNTY ASSEMBLY .... INTERESTED PARTY The proposal to limit voting in the Kiambu County Assembly to only the elected members threaten the right to equality and freedom from discrimination and thus unconstitutional The consolidated petition challenged a proposed amendment to the Kiambu County Assembly Standing Orders seeking to restrict voting on ward matters and money bills to elected members only. The petitioners, nominated members of the Assembly, contended that the proposal violated their constitutional rights and duties. The court held that by limiting the role of the County Assembly to one category of membership and excluding others, the proposed amendment contravened article 177(1)(a), (b), and (c) of the Constitution on the membership of county assemblies. The court held that the proposed motion threatened the petitioners’ right against discrimination as representatives of special groups being women, youth, minorities and persons living with disabilities and was thus unconstitutional. Reported by Kakai Toili Constitutional Law – fundamental rights and freedoms – enforcement of fundamental rights and freedoms – right to equality and freedom from discrimination - whether a proposed amendment to limit voting in a county assembly to only the elected members threatened the right to equality and freedom from discrimination of the nominated members of county assemblies – Constitution of Kenya, articles 24(1), 27, 28, 54, 55, 56, 177 and 175(a). Devolution – county assemblies – role of members of county assemblies – elected vis a vis nominated members – voting on questions affecting wards and money bills - whether limiting voting in a county assembly to only the elected members contravened article 177 of the Constitution on the membership of county assemblies – Constitution of Kenya, article 177. Constitutional Law – fundamental rights and freedoms – enforcement of fundamental rights and freedoms – right to equality and freedom from discrimination - whether a proposed amendment to limit voting in a county assembly to only the elected members threatened the right to equality and freedom from discrimination of the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 2

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nominated members of county assemblies – Constitution of Kenya, articles 24(1), 27, 28, 54, 55, 56, 177 and 175(a). Devolution – county assemblies – role of members of county assemblies – elected vis a vis nominated members – voting on questions affecting wards and money bills - whether limiting voting in a county assembly to only the elected members contravened article 177 of the Constitution on the membership of county assemblies – Constitution of Kenya, article 177. Brief facts The consolidated petition challenged the proposed motion to amend Part XVIII on voting and divisions of the Standing Orders of Kiambu County Assembly. The proposed amendment sought to provide that any question affecting wards and money bills proposed for decision by the County Assembly shall be determined by a single delegation consisting of members of the County Assembly as stated under article 177 (1)(a) of the Constitution (elected members of the County Assembly). The proposal for the amendment of the Standing Orders further stated that the elected member in every ward as stated under article 177(1)(a) shall be the head of the delegation. The petitioners, who were nominated members of the County Assembly, claimed that the intended amendment would infringe on their constitutional and legislative duties of inter alia representing citizens of the County of Kiambu in the Assembly and exercising their legislative authority as stipulated in the Constitution and the County Government Act. The petitioners further argued that the proposed amendment was illegal and violated their rights to equality and freedom from discrimination. Issues i. Whether a proposed amendment to limit voting in a county assembly to only the elected members threatened the right to equality and freedom from discrimination of the nominated members of county assemblies. ii. Whether limiting voting in a county assembly to only the elected members contravened article 177 of the Constitution on the membership of county assemblies. Relevant provisions of the Law Constitution of Kenya Article 177 - Membership of county assembly (1)A county assembly consists of— (a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; (b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and (d) the Speaker, who is an ex officio member. Held 1. The import of the proposal was that if it passed, only elected members of the County Assembly were allowed to vote on questions affecting wards and money bills proposed for the decision by the County Assembly. That flew in the face of the Constitution because contrary to the impugned proposal, the Constitution did not restrict membership of the County Assembly to elected members. Others considered as members of the County Assembly included special seat members to ensure that not more than two-thirds of the membership of the Assembly were of the same gender and members of marginalized groups including persons with disabilities and the youth. By limiting the important https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 3

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role of the County Assembly to one category of membership and excluding others, the proposed amendment contravened article 177 (1)(a), (c) and (d) of the Constitution. 2. Article 10 of the Constitution provided for national values and principles of governance which bound every person and entity whenever any of them applied or interpreted the Constitution, enacted, applied or interpreted any law, or made or implemented public policy decisions. Those values included human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized. Article 27(1) of the Constitution provided that every person was equal before the law and had the right to equal protection and equal benefit of the law. Article 27(4) prohibited direct or indirect discrimination against any person on any ground. 3. The essence of the proposed amendment was exclusion of a category of membership of the County Assembly from performing specified roles contrary to the Constitution. If the proposed motion passed, the petitioners would be reduced to vestigial members despite having similar roles as those of elected members under the Constitution and the County Governments Acts. That threatened the petitioners’ right against discrimination as representatives of special groups being women, youth, minorities and persons living with disabilities. 4. The proposed amendment to Part XVII- Voting and Divisions of the Standing Orders of Kiambu County Assembly threatened and was in contravention of both the Constitution and the rights of the petitioners. Petition allowed. Orders i. A declaration was issued that the respondent’s motion was in violation of articles 24(1), 27, 28, 54, 55, 56, 177(1)(a), (b) and (c) and 175(a) of the Constitution and was therefore unconstitutional, null and void. ii. A declaration was issued that the respondent’s motion threatened the petitioner’s right against nondiscrimination contrary to article 27 of the Constitution. iii. Each party to bear its/their own costs. Citations Cases Kenya 1. Havi v Law Society of Kenya & another; Mboya & another (Interested Parties) Petition 607 of 2017; [2018] KEHC 8791 (KLR) - (Explained) 2. Kenya National Examination Council v Republic Ex Parte Geoffrey Gathenji Njoroge & 9 others Civil Appeal 266 of 1996; [1997] KECA 58 (KLR) - (Mentioned) 3. Magara & 14 others v Kisii County Assembly Services & 3 others Constitutional Petition 1 of 2019; [2019] KEHC 3734 (KLR) - (Explained) 4. Mwau v Independent Electoral And Boundaries Commission & another Petition 26 of 2013; [2013] KEHC 6762 (KLR) - (Mentioned) 5. National Gender and Equality Commission (NGEC) v Independent Electoral and Boundaries Commission (IEBC) & 4 others Petition 147 of 2013; [2013] KEHC 4761 (KLR) - (Mentioned) 6. Republic v Town Clerk, Kisumu Municipality, Ex Parte East African Engineering Consultants Case No 748of 19 of 1996; [2007] KEHC 147 (KLR); (2007) 2 EA 441 - (Mentioned) Regional Court Pastoli v Kabale Local Government Canal and others [2008] 2 EA 300 - (Mentioned) Statutes Kenya 1. Constitution of Kenya articles 10, 24(1); 27(1)(4); 28; 33(3); 38(3)(b); 54-56; 73(2)(d); 83(2)(a); 83(2) (b); 174; 175(a); 177; 177(1)(a-d); 185; 196 - (Interpreted) 2. County Assemblies Powers and Privileges Act (Cap 265C) In general - (Cited) https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 4

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3. County Governments Act (Cap 265) sections 9(1); 9(1)(a); 9(1)(b); 14, 14(1); 14(1)(a); 20; 20(1); 20(2) - (Interpreted) Advocates Atieno h/b for Murithi for petitioners in Petition No. E050 of 2025 JUDGMENT Introduction 1. This is a consolidated petition merging petitions No E049 and E050 both challenging the proposed motion to amend Part XVIII on voting and divisions of the Standing Orders of Kiambu County Assembly. The proposed amendment brought by Hon Gachui Hezron Mwangi via a letter dated November 11th 2024 seeks to provide that any question affecting wards and money bills proposed for decision by the County Assembly shall be determined by a single delegation consisting of members of the County Assembly as stated under article 177(1(a) of the Constitution. The proposal for the amendment of the Standing Orders further states that the elected member in every ward as stated under article 177(1)(a) of the Constitution shall be the head of the delegation. Petition No E049 of 2024 2. The petition is dated November 22, 2024 and is supported by the petitioners’ affidavit sworn on even date. The petitioners seek the following relief;- a. A declaration that the motion dated November 11, 2024 to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is illegal, irregular, unfair, violates the petitioner’s rights to equality and freedom from discrimination as stipulated in article 27 of the Constitution. b. A declaration that the motion dated November 11, 2024 to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is a violation of the petitioners’ and nominated members’ representing the youths rights to affirmative action rights including the right to have opportunities to associate, to be represented and participate in political, social, economic and other spheres of life in line with article 55(b) of the Constitution. c. A declaration that the motion dated November 11, 2024 to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is a violation of minority and marginalized groups who form part of the nominated members’ rights to participate and be represented in governance and spheres of life as stipulated in article 56(a) of the Constitution. d. A declaration that the motion dated November 11, 2024to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is a violation of article 73(2)(d) of the Constitution on responsibilities of leadership as it limits the petitioners and https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 5

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other nominated members of the County Assembly from being accountable to citizens of the County of Kiambu on public decision and action. e. A declaration that the motion dated November 11, 2024 to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is a violation of article 174 of the Constitution on objects of devolution to protect and promote the interests and rights of minorities and marginalized communities; and to enhance checks and balances and separation of powers. f. A declaration that the motion dated November 11, 2024 to the Assembly seeking to amend the Standing Order 275 intended to insert an amendment which has the effect of restraining and preventing the nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money Bills proposed for decision by the County Assembly is a nullity ab initio having failed to conform with Article 196 of the Constitution which requires the same to be subjected to pubic participation by citizens of Kiambu County. g. An order that the respondents shall bear the costs of this petition. h. Any other relief that this honourable court may deem just, fit and appropriate to grant in favour of the petitioners. The Petitioners’ Case 3. The petitioners aver that the County Assembly of Kiambu has delivered a motion dated November 11, 2024to the Assembly through Hon. Gachui Hezron Mwangi, a member of the County Assembly, seeking to amend the Standing Order 275 by inserting an amendment which has the effect of restraining and preventing the petitioners and other nominated members of the County Assembly from voting in the Assembly on any question affecting wards and money bills proposed for decision by the County Assembly. This would infringe on the petitioners’ constitutional and legislative duties of inter alia representing citizens of the County of Kiambu in the Assembly and exercising their legislative authority as stipulated in articles 174, 185 and 196 of the Constitution, sections 9(1)(a) and (b) and 20(1) and (2) of the County Government Act. 4. The petitioners feel that they will be reduced to “ceremonial representatives” or “flower girls” if the motion is passed. The petitioners and 23 other nominated members of the County Assembly will be shut out of voting on the house businesses if the motion is passed which shall amount to tyranny and domination by elected members and a contravention of articles 185 of the Constitution and section 20(1) of the County Governments Act. Petition No E050 of 2024 5. The petition is dated November 25, 2024 and is supported by the affidavit of Hon Kiai Rebecca Nyaruai sworn on the same date. The Petition seeks for the following reliefs;a. A declaration that the respondents’ motion is a violation of the rights of the petitioners guaranteed under the Constitution and International Law including the right to equality and will subvert the petitioners’ opportunity to serve the citizens of Kiambu County. b. A declaration that the 1st respondent’s motion to amend Part XVIII- Voting and Divisions of the Standing Orders of Kiambu County Assembly via a letter dated November 11, 2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 6

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violates the provisions of articles 24(1), 27, 28, 38(3)(b), 54, 55, 56 and 175(a) of the Constitution and is therefore unconstitutional, null and void. c. An order of certiorari to move this Honourable Court and quash the 1st respondent’s letter dated November 11, 2024 communicating the proposal to amend Part XVII- Voting and Divisions of the Standing Orders of the Kiambu County Assembly. d. An order of mandamus compelling the Respondents to withdraw the motion to amend Part XVIII- Voting and Divisions of the Standing Orders of Kiambu County Assembly. e. Costs of the petition and interests thereon. f. Such other alternative reliefs as the court shall deem fit and expedient. The Petitioner’s Case 6. The 1st respondent presented a proposal to amend Part XVIII- Voting and Divisions of the Standing Orders of Kiambu County via a letter dated November 11, 2024 to the Speaker of Kiambu County Assembly pursuant to Standing Order 275 of the Standing Orders of Kiambu County Assembly. Standing Order 275 (1) of the Standing Orders of Kiambu County Assembly provides that a member may, with the support of at least one third of all members of the Assembly, request the Assembly Procedure and Rules Committee to consider an amendment to the Standing Orders. The proposed amendment seeks to provide that any question affecting wards and money Bills proposed for decision by the County Assembly shall be determined by a single delegation of members of the County assembly. 7. The 1st respondent cited the Senate’s Standing Orders Part XVII- Voting and Divisions and Article 83 (2)(a) and (2)(b) of the Constitution as the justification for the proposed amendment. He stated that the County Assemblies are a replica of the Senate. The 5th petitioner presented her objection to the proposed amendment stating that the proposed amendment contravenes articles 177(1)(b) and (c) and 185 of the Constitution and Sections 14 and 20 of the County Governments Act. 8. The 2nd respondent’s Principal Legal Counsel drafted an internal memo dated November 20, 2024 stating that the 1st respondent’s proposal to amend Part XVIII- Voting and Divisions of the Standing Orders of Kiambu County Assembly is not in line with sections 14(1) and 20(1) of the County Government Act and may be subject to litigation. Section 14(1)(a) of the County Governments Acts provides that a county assembly may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings. 9. The County Governments Act, the County Assembly Powers and Privileges Act, the Constitution and any other written law do not distinguish between the powers and privileges of elected and nominated members of the County Assemblies. The motion by the Respondent is unconstitutional and threatens the rights of the petitioners guaranteed under the Constitution and International Conventions. 10. Parties were directed to file their written submissions Petitioners’ Submissions in Petition No E50 of 2024 11. The petitioners submitted that articles 54, 55 and 56 of the Constitution provide for the rights of special interest groups including persons living with disabilities, youth, minorities and marginalized groups. According to article 24 of the Constitution, these rights shall not be limited except by law and only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 7

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human dignity, equality and freedom. Article 177 of the Constitution provides for the nomination of members of County Assemblies primarily to ensure representation of special interest groups such as women, youth, persons with disabilities and marginalized communities. 12. According to article 177 of the Constitution, nominated members of the County Assembly are part of the county assembly membership alongside those elected by registered voters of wards. the Constitution does not provide for separate qualifications, mandates, rights and/or privileges accorded to nominated members of County Assemblies from the elected ones. The nomination process is distinct for the sole reason that it is designed to ensure representation and the protection of the rights of special interest groups. 13. Section 9(1) of the County Governments Act provides for the roles of the member of the County Assembly to include legislation, representation and oversight. The Act does not differentiate voting rights between elected and nominated members of the County Assembly. All the members have the right to vote on motions, Bills, budgets and other County Assembly decisions. Nominated members of County Assembly hold full membership status in the County Assembly with equal voting rights as elected members of County Assembly. 14. The petitioners relied on the case of National Gender and Equality Commission v the IEBC and others, Petition No 147 of 2013; (2013) eKLR and John Harun Mwau v IEBC and another (2013) eKLR. 15. The proposed motion is unconstitutional and violates the County Governments Act because it seeks to exclude nominated members of County Assembly from voting in matters affecting wards and financial matters. This would amount to discrimination against nominated members of the County Assembly and the special interest groups they represent. It would also fetter nominated members of the County Assembly from fulfilling their sworn duties. 16. By scheduling the impugned motion for discussion, the respondents are discriminatory against the rights of women, youth, minorities and persons living with disability in the political and public life for which the petitioners have an obligation to defend under articles 33(3), 54, 55 and 56 of the Constitution and International Conventions. 17. The petitioners submitted that they have met the criteria necessary for the reliefs sought and relied on the Ugandan case of Pastoli v Kabale Local Government Canal and others (2008) 2 EA 300 at pages 300-304. They also relied on Republic v National Examination Council ex-parte Gathenji & others (1997) eKLR and Republic v Town Clerk, Kisumu Municipality, Ex Parte East African Engineering Consultants (2007) 2 EA 441. Issues for Determination 18. After outlining the contents of the two Petitions and the submissions by the petitioners in E050 of 2024 the consolidated petition espouses the following issues for determination:a. Whether the proposal presented via a letter dated November 11th 2024 by Hon Gachui Hezron Mwangi, an MCA, seeking to amend Part XVII- Voting and Divisions of the Standing Orders of the Kiambu County Assembly contravenes the Constitution; and b. Whether the proposal presented via a letter dated November 11th 2024 by Hon Gachui Hezon Mwangi, an MCA, seeking to amend Part XVIII- Voting and Divisions of the Standing Orders of the Kiambu County Assembly threatens the rights of the petitioners. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 8

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Analysis Whether the proposal presented via a letter dated November 11th 2024 by Hon Gachui Hezron Mwangi, an MCA, seeking to amend Part XVII- Voting and Divisions of the Standing Orders of the Kiambu County Assembly contravenes the Constitution 19. The proposal to amend Part XVIII- Voting and Divisions of the Standing Orders was brought to the Speaker of the County Assembly by Hon Gachui Hezron Mwangi, an MCA, via a letter dated November 11th 2024. The said letter reads in part;“ Pursuant to provisions of Standing Order 257, I hereby request the Procedure and Rules Committee to consider an amendment to Part XVIII- Voting and Divisions of the Standing Orders to provide that any question affecting wards and money bills proposed for decision by the County Assembly shall be determined by a single delegation consisting of Members of the County Assembly as stated under article 177(1)(a) of the Constitution. The elected member in every ward, as stated under article 177(1)(a) shall be the head of the delegation.” 20. Article 177(1)(a) of the Constitution provides as follows;“ A county assembly consists of-(a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year;...” 21. The import of the above proposal is that if it passes, only elected members of the County Assembly are allowed to vote on questions affecting wards and money bills proposed for the decision by the County Assembly. This evidently flies in the face of the Constitution because contrary to the impugned proposal, the Constitution does not restrict membership of the County Assembly to elected members. Others considered as members of the County Assembly include special seat members to ensure that not more than two-thirds of the membership of the assembly are of the same gender and members of marginalized groups including persons with disabilities and the youth. 22. Article 177(1)(a), (b), (c) and (d) reads as follows;“ (1) A county assembly consists of— (a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; (b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and (d) the Speaker, who is an ex officio member.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 9

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23. By limiting the important role of the County Assembly to one category of membership and excluding others, the proposed amendment contravenes article 177(1)(a)(c) and (d) of the Constitution. 24. This Court concurs with the decision in Karen Nyamoita Magara & 14 others v Kisii County Assembly Services & 2 others; Attorney General (Interested Party) Kisumu Constitutional Petition No 1 of 2019 where it was aptly stated;“ 50. The nominated MCAS represent Women, Youth and Persons with Disabilities. Those categories of persons do not hail from some “Special Wards”. They are our brothers and sisters, who live within the wards that constitute each County. 51. Therefore, in my considered opinion there cannot be matters which can be categorized as affecting Only Wards, to the exclusion of the persons represented by the Nominated MCAs. 52. In effect, the amendment which seeks to limit the petitioners from being eligible to be head of wards delegations is discriminatory against them, and is therefore unconstitutional.” Whether the proposal presented via a letter dated November 11th 2024 by Hon Gachui Hezon Mwangi, an MCA, seeking to amend Part XVIII- Voting and Divisions of the Standing Orders of the Kiambu County Assembly threatens the rights of the petitioners 25. As stated above, the impugned proposal seeks to restrict voting in the County Assembly on any question affecting wards and money Bills to elected members in exclusion of nominated members. The petitioners averred that the proposed motion is unconstitutional and threatens their rights guaranteed under the Constitution and International Conventions. 26. Article 10 of the Constitution provides for national values and principles of governance which bind every person and entity whenever any of them applied or interpreted the Constitution, enacted, applied or interpreted any law, or made or implemented public policy decisions. These values include human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized. 27. Article 27(1) of the Constitution provides that every person is equal before the law and has the right to equal protection and equal benefit of the law. Article 27(4) prohibits direct or indirect discrimination against any person on any ground. 28. In Nelson Andayi Havi v Law Society of Kenya & 3 others([2018) eKLR, the Court observed;“ …it is safe to state that the Constitution prohibits unfair discrimination. In my view, unfair discrimination is differential treatment that is demeaning. This happens when a law or conduct, for no good reason, treats some people as inferior or less deserving of respect than others. It also occurs when a law or conduct perpetuates or does nothing to remedy existing disadvantages and marginalization.” 29. The essence of the proposed amendment is exclusion of a category of membership of the County Assembly from performing specified roles contrary to the Constitution. If the proposed motion passes, the petitioners would be reduced to vestigial members despite having similar roles as those of elected members under the Constitution and the County Governments Acts. This definitely threatens the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 10

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petitioners’ right against discrimination as representatives of special groups being women, youth, minorities and persons living with disabilities. Conclusion 30. Based on the foregoing, the proposed amendment to Part XVII- Voting and Divisions of the Standing Orders of Kiambu County Assembly threatens and is in contravention of both the Constitution and the rights of the petitioners. The upshot therefore is that this court is satisfied that the Petition has merit. The court shall therefore grant the following reliefs;a. A declaration be and is hereby issued that the respondent’s motion is in violation of articles 24(1), 27, 28, 54, 55, 56, 177(1)(a)(b) and (c) and 175(a) of the Constitution and is therefore unconstitutional, null and void. b. A declaration be and is hereby issued that the Respondent’s motion threatens the petitioner’s right against non-discrimination contrary to article 27 of the Constitution. c. Each Party shall bear its/their own costs. Orders Accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 1ST DAY OF AUGUST, 2025 A.MSHILA JUDGE In the presence of; Sanja - Court Assistant Atieno h/b for Murithi- For the petitioner s in Petition No. E050 of 2025 N/A For the Respondents https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11694/eng@2025-08-01 11

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