JUDGMENT
A. Introduction
After several false starts, this appeal was finally heard and concluded before the court on 21st October 2021. It is indeed a matter of grave concern to this court that a case as fundamental, revolving around a critical constitutional question, as this one, has been stuck in our justice system for over ten years for it to be finally resolved! Such dalliance with the exacting demands of justice, is neither testimony to our judicial rigour, nor to Kenya’s commitment to its international obligations.
In view of this unacceptable delay in the processing of this matter, whichever way the trial court rules, we have decided to deliver the Judgment in this shortened version, to be followed by detailed reasons, pursuant to rule 20(2) of the Supreme Court rules 2021, on a date to be notified.
B. The Issues
After hearing the respective cases for the appellants and respondents hereto, and considering their written and oral submissions in support thereof; we have identified the…