JUDGMENT OF THE COURT
New Vision Kenya (NVK Mageuzi), Kenya Diaspora Alliance, Dr. Shem Odongo Ochuodho and Mr. Gichane Muraguri, respectively the 1st, 2nd, 3rd and 4th appellants, filed Nairobi HC Petition Number 331 of 2012 against the Independent Electoral and Boundaries Commission (IEBC), the Minister for State for Immigration and Registration of Persons, the Minister for Foreign Affairs and International Cooperation, the Attorney General, and the Minister for Justice, National Cohesion and Constitutional Affairs, respectively the 1st, 2nd, 3rd, 4th and 5th respondents. The Kenya National Commission on Human Rights was named as an interested party.
The petition was predicated under Articles 38(3) (a) and (b), 1,10,14, 19, 20, 21, 22, 23, 24, 27, 38, 48, 50, 81 ,82, 83, 88, 89, 159, 165, 249, 258 and 259 of the Constitution of Kenya, 2010, (“the Constitution”) and Rules 3 and 17 of the Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution (Practice and Pro…