REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION (Coram: A. C. Mrima, J.) CONSTITUIONAL PETITION NO. E211 OF 2022 (Consolidated with Nairobi High Court Judicial Review Misc. No. E071 of 2022) BETWEEN 1. 2. CLIFF MARUBE OMBETA ADRIAN KAMOTHO NJENGA……………,,,,,,,,,,,,,,,………. PETITIONERS VERSUS INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION…..…………………………………..…. RESPONDENT AND 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. UNITED DEMOCRATIC ALLIANCE FIDA KENYA KATIBA INSTITUTE CENTRE FOR RIGHTS EDUCATION AND AWARENESS (CREAW) PARTY COMMUNITY ADVOCACY AND AWARENESS TRUST (CRAWN) AFRICAN CENTRE FOR OPEN GOVERNANCE (AFRICOG) INTERNATIONAL COMMISSION OF JURISTS (ICJ) KENYA HUMAN RIGHTS COMMISSION (KHRC) NATIONAL GENDER AND EQUALITY COMMISSION(NGEC) OFFICE OF THE REGISTRAR OF POLITICAL PARTIES…………………………….INTERESTED PARTIES JUDGMENT Introduction: 1. The proceedings subject of this judgment were prompted by two notices issued by the Independent Electoral and Boundaries Commission (hereinafter referred to as ‘the Respondent’, or ‘the IEBC’ or ‘the Commission’) calling for political parties to comply with the two-thirds gender principle in submitting their respective nomination lists for the National Assembly and the Senate to the Commission. Judgment – Nairobi High Court Constitutional Petitions No. E211 of 2022 & JR No. E071 OF 2022 Page 1 of 59

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