11 Elections Act. The constitutionality of the Political Parties Amendment Act No 2 of 2022 was tested in Salesio Mutuma Thuranira & 4 Others v Attorney General & 2 Others; Registrar of Political Parties & 4 Others (Interested Parties) (Petition E043, E057 & E109 of 2022), where the three Judge Bench of the High Court largely found the amendments constitutional. However, the Court declined to find unconstitutional the closing of party membership lists before nominations, which had the effect of locking out losers in party primaries from joining other political parties. 1.9.3.5 Following the Political Parties Amendment Act No 2 of 2022, several amendments were introduced to the Political Parties Act. The major ones include the following: • Registration of Political Parties and Coalition Political Parties: the amendment introduced the objectives of political parties, legal identity of coalition political parties, requirements for the registration of coalition political parties. • Membership of political parties: requirement to maintain a political parties register, the integrated political parties’ membership register. • Compliance: resignation from a political party, criminalisation of the registration of a political party member without consent. • Nomination of candidates: clarification of the definition of nomination; introduction of Part IVA setting out provisions that political parties should abide by in nomination of candidates; preparation and submission of nomination rules; establishment of internal nomination organs; methods of nominations; procedures of nomination and presentation of nomination lists to the IEBC. • Funding of political parties: recasting of the formula for allocating public funding to political parties. 1.9.4. Inclusion, non-discrimination and protection of the marginalised 1.9.4.1 In the case of Centre for Rights Education and Awareness v Attorney-General & Another, Constitutional Petition 182 of 2015, the Court asserted: The Constitution of Kenya has been described as one of the most progressive in the world. It envisions a society based on the rule of law, non-discrimination and social justice. At its core is the belief that there can only be real progress in the society if all citizens participate fully in their governance and that all, male and female, persons with disabilities and all hitherto marginalised and excluded groups get a chance at the table. 1.9.4.2 Besides non-discrimination being a national value under Article 10, Article 27 establishes disability, age, ethnic or social origin, and sex as some of the grounds on which a person may not be discriminated against. The Constitution also imposes a duty on all State organs and public officers to address the needs of vulnerable groups in society, including women, the youth, persons with disabilities, marginalised communities, and ethnic and other minorities. 1.9.4.3 Inclusion is not only attained through giving marginalised groups seats at the national legislative and appointive levels, but also by securing their representation at the devolved government structure. Articles 90, 97, 98 and 177 mandate representation of women, the youth, persons with disabilities and such other groups as shall be defined by legislation in the case of County Assemblies through party lists. In arriving at the nominees to the national legislative institutions, the Constitution requires political parties to comply with the zebra listing rule whereby, the list alternates between male and female candidates, as well as in reflecting the regional and BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION