bodies to provide similar service; that the Court to order the IEBC , where tenable, to give priority and preference to and accordingly make provision for secure electronic voting through online system and mobile phone based text facility; an order that the respondents jointly and severally do put in place infrastructure to allow for maximum number of Kenyans in the Diaspora to register as voters and to participate in the general elections on a cost effective basis either by electronic voting or otherwise; costs of the petition and any other relief or orders that the court shall deem just and fit to grant. 95. The Court of appeal held among other things that: Over and above the other provisions of the Constitution considered above, Article 82(1) (e) of the Constitution leaves no doubt that the right to vote of Kenyans in the Diaspora is to be achieved progressively. Article 82, which requires Parliament to enact legislation on elections requires parliament to enact legislation that among other things provides for “the progressive registration of citizens residing outside and the progressive realisation of their right to vote.” Considering that the right to vote is to be enjoyed without distinction, Kenyan citizens in the Diaspora who are dual citizens are eligible to be registered as voters. That the IEBC should progressively set up more registration centers in the Diaspora. That the Government organs and IEBC adequately provide for progressive voter registration for Kenyans living in the Diaspora for all elective positions. That the Government organs and IEBC do jointly and severally put in place infrastructure to allow for maximum number of Kenyans possible in the Diaspora to register as voters in order to facilitate them to participate in the forth coming general elections on a cost effective basis. 96. Article 69 of the Constitution that deals with the State’s obligation on the environment requires the State to encourage public participation in the management, protection and conservation of the environment. Land is a very emotive issue in Kenya. This requirement for public participation in land matters is also found in the National Land Policy which requires that there should be effective stakeholder and public participation in decisions that involve land use in Kenya. It seeks to ensure that that the preparation and implementation of land use plans at all levels must provide for effective participation of all stakeholders. Further, the development and implementation of national and regional physical development plans, rural land use plans, and urban and peri-urban land use plans, all of them developed with the full participation of stakeholders. Indeed, the Policy requires that the development of a framework for administration of community land, public land, land within urban areas, etc should ensure accountability and allow for public participation. Further, the National Land Commission should also embrace public participation and democracy in its operations. 97. Since 2007, the Judiciary has established the Land and Environmental Division of the High Court to specially deal with land and environment law matters. All disputes relating to land and all environment law matters that may be filed under in the high court are heard by this division. 98. The positive effect of public participation in Kenya has been that it has led to the establishment of conflict resolution mechanisms in land issues. It has also opened up democratic space through voting. Finally, engaging the public has in processes enhanced ownership of programs and decisions thereby leading to sustainability of the same. 25