Human rights — Fundamental rights and freedoms — Rights of minorities — Right of representation — Right of expression — Freedom of conscience — Constitution of Kenya, Sections 1A, 78, 79 — Whether Il Chamus indigenous people — Whether distinct minority group or part of clan — Whether Kenyan Government violating applicants’ fundamental rights — Minorities and indigenous people — Definition — Whether encompassing non-citizens — Recognition and protection of rights of indigenous peoples in international instruments — International Covenant on Civil and Political Rights, 1966, Article 27 — UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities 1992 — International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989, Articles 3, 7, 61(b) — African Charter on Human and Peoples’ Rights, 1981, Articles 19 and 22 — Constitution of Kenya — Interpretation — Democracy — Participation of minorities — Constitutional responsibility of Electoral Commission of Kenya — Whether Il Chamus having claim to representation under Sections 33 and 42 of Constitution of Kenya

Relationship of international law and municipal law — Treaties — Treaties and other international instruments relating to the status and treatment of minorities — Whether forming part of the law of Kenya — Whether to be taken into account by Kenyan courts in applying Kenyan law regarding minorities — The law of Kenya