JUDGMENT OF THE COURT
The 1st, 2nd and 3rd respondents, “the respondents” sued the appellants and 8 others in Nairobi Constitutional Petition No. 160 of 2013. The primary complaint in the petition was the alleged violation of the respondents’ right to equality and freedom from discrimination. The appellants and the 4th and 5th respondents had on 18th December, 2012 purported to pass a by-law to exclude all lady golf members of the 1st appellant from voting during the 1st appellant’s annual general golf meetings. The petition was opposed but following a full hearing it was allowed. The appellants as well as the 4th and 5th respondents were, however, condemned personally to pay costs of the petition to the respondents.
Dissatisfied with the judgment, the appellants filed the present appeal in which they raised 16 grounds. However, when the appeal came up for hearing most of the grounds raised had been overtaken by events and the appellants therefore opted to narrow the appeal down to one …