In passing the new Constitution and in including in it the provisions of Articles 27, 38 and 43 among others, the presupposition that was created was that all would have an equal opportunity and an equal voice, regardless of status. However this provison cannot be read in isolation. Save for the right to life, all rights have limitations. The Elections Act, Act No 24 of 2011, enacted pursuant to the requirements of Article 99 of the Constitution of Kenya provides:
(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person:
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament. Nabutola by virtue of her conviction falls short of the integrity benchmark set in Chapter 6 and she thus fails to meet the requisite threshold necessary to enable her run.
possunt quia posse videntur