JUDGMENT OF THE COURT
At issue in this appeal is the proper interpretation and application of Articles 24(4) and 27 of the Constitution of Kenya, 2010, as they relate to equality and freedom from discrimination. Article 27 guarantees every person equality before the law, equal protection of the law, and equal benefit of the law. The equality that the Constitution guarantees includes the full and equal enjoyment of all the rights and freedoms set out in the Bill of Rights. The Constitution further guarantees both men and women the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. It also prohibits the State and every person, in very express terms, from discriminating directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
But our Constitutio…