LIMURU COUNTRY CLUB, YASSIN AWALE, ROBERT BARUA, PETER MUNGAI, VICTOR GICHURU, ANTHONY WANGARI & TOM WAIHARO V. ROSE WANGUI MAMBO, MARTHA WANJIRU VINCENT, CAROLINE WANGARI NGUGI, ERICK KIMURI, KAGOCHI MUTERO,ALFRED KARIUKI,FRANCIS OKWARO, PETER WARUI(SUED ON BEHALF OF THE KENYA GOLD UNION),DORCAS MBALANYA, ANASTACIA CHUBI, JOYCE WAFULA (SUED ON BEHALF OF THE KENYA LADIES GOLF UNION), NATIONAL GENDER AND EQUALITY COMMISSION,FEDERATION OF WOMEN LAWYERS & LAW SOCIETY OF KENYA

JUDGMENT OF THE COURT

The 1^st, 2^nd and 3^rd respondents, “the respondents” sued the appellants and 8 others in Nairobi Constitutional Petition No. 160 of 2013. The primary complaint in the petition was the alleged violation of the respondents’ right to equality and freedom from discrimination. The appellants and the 4^th and 5^th respondents had on 18^th December, 2012 purported to pass a by-law to exclude all lady golf members of the 1^st appellant from voting during the 1^st appellant’s annual general golf meetings. The petition was opposed but following a full hearing it was allowed. The appellants as well as the 4^th and 5^th respondents were, however, condemned personally to pay costs of the petition to the respondents.

Dissatisfied with the judgment, the appellants filed the present appeal in which they raised 16 grounds. However, when the appeal came up for hearing most of the grounds raised had been overtaken by events and the appellants therefore opted to narrow the appeal down to one …