HIS HIGHNESS PRINCE AGA KHAN SHIA IMAMI ISMAILI NATIONAL CONCILIATION AND ARBITATION BOARD FOR KENYA V. ATTORNEY GENERAL

JUDGEMENT OF THE COURT

1. The appellant, His Highness Prince Aga Khan Shia Imami Ismaili National Conciliation and Arbitration Board for Kenya, has appealed a judgment of the High Court at Nairobi (Onguto, J.) delivered on 31^st May 2016 dismissing its constitutional petition (No. 332 of 2015) in which it sought declarations that: every Ismaili Muslim in Kenya has the right to freedom of religion and belief and the right to manifest the same through practice and observance of the provisions of the Ismaili Constitution as promulgated by His Highness the Aga Khan; that the provisions of Article 13 in the Ismaili Constitution empowering the appellant to hear and determine disputes between Ismaili Muslims in Kenya are in consonance with the provisions of Article 159(2)(c) of the Constitution of Kenya, 2010 and the alternative dispute resolution mechanisms provided therein should be promoted by the Kenyan courts; and that it has jurisdiction under the said Article 13 to hear and determine su…