275. The Constitution of Kenya, 2010 established a devolved system of governance to give the Kenyan people a greater say in determining the development initiatives in their local areas. It is strengthened further by the constitutional requirement of public participation in governance, legislation, policymaking, financial management and other functions. Kenya embraces the right to self-determination that eliminates discrimination in political, legal and administrative institutions while recognizing and protecting special group rights. 276. In the lead up to the 2013 general elections, Kenya faced the challenge of a group called the Mombasa Republican Council (MRC) seeking secession of parts of the Coastal region from the rest of the country. Although they did not have the support of the majority of the residents of Mombasa County and other coastal counties, the MRC embarked on initiatives aimed at frustrating processes such as voter registration, political party nominations and even elections. Some members of the group used violence in pursuing their objectives that put many Kenyans at risk. MRC activities also coincided with increased terror attacks that Kenya was facing from Al Shabaab militants, which heightened insecurity particularly in the region. The Government, pursuant to the Prevention of Organized Crime Act (Cap 59, Laws of Kenya) banned the MRC by a Gazette Notice. The MRC challenged the Government’s ban on the group in In the High Court of Kenya , Miscellaneous Application No. 468 of 2010, Randu Nzai Ruwa and 2 Others -v- the Internal Security Minister and Another. Although the court reversed the order banning MRC finding that it was a political group, it also clarified that the Constitution did not contemplate secession and instead asserted the unitary and indivisible sovereignty of Kenya. The Government appealed the ruling lifting the ban on MRC, however, this situation demonstrates some of the challenges of varied interpretations as well as misinterpretations of the right to self-determination in the country. 277. Externally, Kenya has had to confront increased terror attacks directed by Al Shabaab militants particularly based in Somalia. Kenya had to intervene militarily in Somalia to stop this Al-Shabaab threat. Second, Kenya faces a further challenge to its territorial integrity in relation to a claim made by Uganda over Migingo Island in Lake Victoria which is part of the Kenyan territory. The standoff started when Ugandan authorities began levying an illegal fee on the fishermen living there and intimidating, evicting and brutalizing many of the island inhabitants. Kenya maintains its claim over the Island, but as a member of the East African Community (EAC), it is using amicable means to settle its claim. Article 21: Right to free disposal of wealth and natural resources 278. The Government recognizes the potential of minerals and natural resources as key drivers of economic and social development, and therefore has taken appropriate action to ensure that they are managed in a way that benefit the people of Kenya. Kenya Vision 2030 the country’s long term economic development blueprint identifies the mineral and energy sectors as one of the drivers of economic development. The Constitution vests sovereign power directly in the hands of the people of Kenya and it is to be exercised in accordance with the Constitution. Further, Article 69(h) requires the Government to utilise the environment and natural resources for the benefit of the people of Kenya. The implication is that any mining exploration and exploitation contracts must be in the interest of the people of Kenya or otherwise be unconstitutional and therefore null and void. This is relevant to optimum mineral exploration and exploitation because it falls under the purview of 61