KIPNGETICH MAIYO & 24 OTHERS V KENYA LAND COMMISSION SELECTION PANEL [2012] KEHC 1866 (KLR)

KIPNGETICH MAIYO

BERNARD ASIBA

RUTH JEPKEMBOI SUTER

KIPKEMBOI KEMEU

KIPRUTO CHIRCHIR TUM

DANSON TOROREI

JOHN KERICH

MILTON TUWEI

PHILIP MASIBAI

FLORA JEPCHIRCHIR LEI

GEOFFREY MUASYA

EMILY JEBITOK SALIL

HELLEN MARITIM TUITOEK

REBECCA BITOK SAWE

ELIAJH KIPNGETICH TIROP

CAROLINE TALLAM KIGEN

STEPHEN MAINA

EDWARD BITOK

BUSIENEI ELIJAH

SAMUEL KINUI CHIRCHIR

KENNETH TALLAM

SIMON LEI

OBADIA KIPKORIR

JOSEPH ROTICH

JOSHUA ROTICH …………………..………...…. PETITIONERS

AND

THE KENYA LAND COMMISSION

SELECTION PANEL …………………….…. 1ST RESPONDENT

THE PUBLIC SERVICE COMMISSION ........ 2ND RESPONDENT

THE ATTORNEY GENERAL …..………...…. 3RD RESPONDENT

COMMISSION FOR THE IMPLEMENTATION

OF THE CONSTITUTION ………….…..…… 4TH RESPONDENT

RULING

1. Paragraph 42(ii) of the petition states that, ‘the Right of the petitioners to human dignity as Kenyans of Kalenjin Ethnic descent have been violated by the nomination of a disabled person to represent them in the National land Commission.”The statement is emphasized by paragraph 24(b) of the Supporting affidavit of Kipng’etich Maiyo.

2. These statements speak for themselves and do not need any elaboration. They are at once contrary to the letter and spirit of the Constitution which according to its preamble, emphasizes that the people of Kenya are proud of their diversity and recognizes the aspiration of all Kenyans to the essential values of human rights, equality, freedom, democracy, social justice and the rule of law.

3. Whatever grievance a party may have, it must be expressed in a manner that enhances the fundamental values of the nation among them human dignity as set out in Article 10. Furthermore, this court cannot permit the disparagement of any person, disabled or not. Persons with disabilities are recognized as persons requiring special consideration by the Constitution.

4. I have stated enough to show that paragraph 42(ii) of the Petition and paragraph 24(b) of the Supporting Affidavit cannot be allowed to deface the court process. They are scandalous and are hereby struck out.

DATED and DELIVERED at NAIROBI this 2nd day of October 2012

D.S. MAJANJA

JUDGE

Mr E. Ondieki   instructed by Ondieki and Ondieki Advocates for the petitioners in Petition No. 373 of 2012.

Mr O. Wanyaga instructed by Kinoti and Kibe and Company Advocates for petitioners in Petition No. 426 of 2012.

Mr S. Munyi, Litigation Counsel, instructed by the State Law Office for the respondents.

Mr Lando, Advocate, instructed by Dr. Samuel Kipng’etich Tororei, interested party.