https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1747

Mahaba & 3 others v Kenya Union of Post Primary Education Teachers (KUPPET) & 8 others (Petition E028 of 2026) [2026] KEELRC 1747 (KLR) (25 June 2026) (Judgment) Neutral citation: [2026] KEELRC 1747 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Kisumu Petition E028 of 2026 M Mbarũ, J June 25, 2026 Between Marwa Francis Mahaba 1st Petitioner Mang'iti Cosmas Murimi 2nd Petitioner Mwita Vincent Thomas 3rd Petitioner Sagire Barrack Waikena 4th Petitioner and Kenya Union of Post Primary Education Teachers (KUPPET) 1st Respondent The Secretary General, Kenya Union of Post Primary Education Teachers (KUPPET) 2nd Respondent The National Elections Board, KUPPET 3rd Respondent Migori County Branch of Kenya Union of Post Primary Education Teachers (KUPPET) 4th Respondent The Registrar of Trade Unions 5th Respondent The Honourable Attorney General 6th Respondent and Minorities and Marginalised Affairs Unit (MMAU) c/o Executive Office of the President of Kenya 1st Interested Party Ministry of Labour and Social Protection, Office of the Commissioner for Labour – State Department for Labour 2nd Interested Party County Labour Officer – Migori, Ministry of Labour Regional Office 3rd Interested Party Judgment Petition 1.The petitioners are seeking the following orders:1.A declaration do issue that the Petitioner's fundamental right to fair administrative action against discrimination, and non-inclusion was infringed and/or violated by the Respondents in totally excluding them for leadership position in 2016, 2021, and 2026 Migori branch election contrary to the provisions of Article 27 and 47 of the Constitution of Kenya.2.A declaration that the branch elections conducted on 10th January 2026, are unconstitutional, unlawful, null and void.3.A declaration that the systematic exclusion of the Kuria bloc (comprising 1,034 members) from union leadership since 2016 violates Articles 27, 36, and 41 of the Constitution.4.A declaration that the failure of the 2nd and 3rd Respondents to supply the Petitioners with elections reports and materials was in contravention of Article 35 of the Constitution.5.An order of certiorari quashing the 1st Respondent's Migori branch's election conducted on the 10th of January 2026 for want of inclusion of members of the Petitioners' region in the elections.6.Spent.7.Spet.8.Spent.9.Pending.10.A permanent injunction halting the national elections or nullifying any results if held on the 18th of April 2026, or any other subsequent date, until the discrimination is remedied and the Petitioners' rights are upheld.11.This Honourable Court be and is hereby issue an order of mandamus compelling the 1st and 4th Respondents to supply the Petitioners with certified list of all officials elected in 2016, 2021, and 2026 elections.12.An order of mandamus compelling the Respondents to uphold the memorandum of understanding whereby which members from the Kuria Region at least three (3) elective and three (3) nominative seats in the branch structure.13.An order of mandamus compelling the Respondents to conduct fresh, free, fair, and inclusive elections under supervision of the 5th Respondent or an independent body appointed by this Honourable Court.14.An order of mandamus compelling the 2nd and 3rd Interested Parties to furnish the Petitioners with election materials and reports pursuant to Article 35 of the Constitution.15.In the alternative to prayer 12 above, an order of mandamus directing the Respondents, under supervision of this Honourable Court and/or the 5th Respondent, to amend the KUPPET Constitution to:16.Provide for the creation of sub-branches within counties, based on identifiable geographical, cultural, or administrative blocs;17.Recognise such sub-branches as legitimate organisational units, each entitled to: elect its own officials; nominate delegates; and participate in branch governance;18.Provide that such sub-branches shall collectively constitute the County Branch, thereby ensuring: equitable representation; inclusivity; and fair participation in both branch and national leadership structures;19.Guarantee that each bloc within a county has a fair and reasonable opportunity to: contest leadership positions; be elected; and participate in decision-making processes.20.An order directing the Respondents to file before this Honourable Court,21.within a specified period, a compliance report demonstrating implementation of the constitutional amendments and structural reforms.22.The Honourable Court be pleased to order for compensation and thereby award general damages to the Petitioner for violation of his rights.23.Costs of this Petition be borne by the Respondents.24.Any other relief that this Honorable Court deems just and expedient in the circumstances. 2.The Petitioners are adults and members of the Kuria Region Union of Post-Primary Education Teachers (KUPPET), the 1st Respondent, and also work as teachers under the Teacher Service Commission (TSC). The 1st Respondent is a registered trade union. The 2nd Respondent is the Secretary General of the 1st Respondent and thus the chief executive officer and spokesperson thereof. The 3rd Respondent is a board responsible for conducting and spearheading the 1st Respondent's elections. The 4th Respondent is a branch established under the 1st Respondent's constitution situated in the county of Migori. The 5th Respondent is an officer established under the Labour Relations Act responsible for registering, regulating, and overseeing the operations of trade unions, employers' organisations, and their branches. The 6th Respondent is the chief government legal advisor appointed under Article 156 of the Constitution. 3.The 1st Interested Party is a specialised office within the Executive Office of the President of Kenya, established to protect, recognise, and promote the rights of minority groups. The 2nd Interested Party is a constitutional and statutory office responsible for: Oversight, regulation, and supervision of trade unions under the Labour Relations Act (LRA). The 3rd Interested Party is the local implementing authority of the Ministry of Labour. 4.The Petitioners are members of KUPPET, Kuria Region, in Migori County. The petitioners have been union members in good standing, paying monthly union dues. They have all been located in the Kuria branch since 2011, when the Migori and Kuria branches of KUPPET were merged to form the KUPPET Migori branch. 5.The purpose of merging was to promote and enhance diversity and inclusivity in the region (Migori County). A Memorandum of Understanding (MOU) was entered into to guarantee members from the Kuria Region at least three (3) elective and three (3) nominative seats in the branch structure. This arrangement was pegged on the Kuria being a minority and marginalised in Migori County. 6.Between 2011 and 2023, the representation in the Migori KUPPET leadership was stellar and in line with agreements. Nevertheless, the impeachment of members in 2013 resulted in bedlam, and the successors blatantly abandoned and breached the said Memorandum of Understanding. 7.Through letter dated 24 November 2025, the 5th Respondent directed all Trade Unions in Kenya, the 1st Respondent included, to carry out their branch elections. The 1st Respondent, through a circular dated 24 November 2025, announced that the branch elections for the 4th Respondent would be carried out on 10 January 2026. 8.The 4th Respondent carried out branch elections on the 10 January 2026, which was immensely flawed, whose outcome breached inclusivity is rife with discrimination against the marginalised Kuria region members. Due to this discrimination and lack of inclusivity, the Petitioner filed complaints against the 4th Respondent. The complaints were not addressed, resulting in a letter dated 13 February 2026, bringing to the attention of the 1st and 5th Respondents, and the Interested Party, the concerns and the breach of the memorandum of understanding. Subsequently, the inaction of the 1st and 5th Respondents culminated in a demand letter dated 25 February 2026, seeking the suspension of the national election on the grounds of discrimination and breach of the memorandum of understanding. 9.Despite the concerns, through a letter dated the 9 of March 2026, the 1st and 5th Respondents called for a national election to be held on the 18 of April 2026. 10.Kuria region has 1034 members, with 63 serving senior schools and over 200 in junior schools. The 1034 members contribute over Ksh. 14,000,000 annually to KUPPET. Despite the numbers and scale of contribution, the non-representation of Kuria KUPPET members in the leadership at the Migori branch relegate them to members. 11.The petition is that the acts of commission and omission of the KUPPET Migori branch leadership is in breach of equality and freedom from discrimination under Article 27 of the Constitution, breach of fair labour practices under Article 41 of the Constitution, breach of Article 56 of the rights of minorities and marginalized groups. There is no appeal mechanism to challenge the 1st and 5th Respondents whimsical decision was provided to the Petitioners. The KUPPET elections proceeded without the participation of the petitioners and members of the Kuria region, violating their rights and rendering the entire process unconstitutional. The elections will install leaders without legitimate representation, perpetuating inequality in the union. 12.The petition is anchored under the provisions of article 27, 47, and 41 of the constitution. under the constitution every person is equal before the law and has the right to equal protection and benefit of the law. There is the right to fair administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. The Petitioners and members from the Kuria region have never been issued with reasons on why the Respondents abandoned the Memorandum of Understanding which members from the Kuria Region at least three (3) elective and three (3) nominative seats in the branch structure. The acts of breach of the Memorandum of Understanding guaranteeing inclusivity of the marginalized group in breach of Article 47 and sections 4 and 6 of the Fair Administrative Action Act. In this case, the Petitioners having the entire leadership from one ethnic community of Luo and only the Luo region undermines the principle of inclusiveness. The Petitioners' contention is that such clustering excludes other ethnic groups, thus offending the requirements of Article 10 of the Constitution, not to mention Article 4.0 of the 1st Respondent's constitution. 13.The petition is that Article 4.0 (p) of the KUPPET constitution establishes branch offices based on County demarcations. Article 8.8.0 (a) further allows the establishment of branches of the union as shall be established by the National Executive Board on the county framework structure of governance. Article 8.2.0(a) allows that Delegates should be drawn from the 47 county Branches. KUPPET's constitution thus establishes a county-based branch system. A branch is confined within a county, and the governance framework is structured along county lines. 14.A county cannot have more than one branch under the Constitution, as it would be inconsistent with the provisions thereof. 15.The one-county-one-branch model prohibits the creation of multiple branches within a single county unless necessary amendments are made. The court under Article 23 is empowered to issue structural interdicts requiring institutional reform, where rights violations are persistent and existing frameworks are inadequate. 16.The petition is that the Respondents are hell-bent on ensuring that people from the Luo region dominate the Migori County branch of KUPPET leadership, to the total and calculated exclusion of the Petitioners and members of their community. This, in turn, ensures the marginalisation and exclusion of the Petitioners and members from their region, thus necessitating this court's intervention to provide supervision of structural reforms to prevent injustices from recurring if elections are repeated. 17.Article 28 of the constitution give every person an inherent dignity and the right to have that dignity respected and protected. The Petitioner and members from the Kuria region right to dignity and to have that dignity by virtue of being members of the 1st and 3rd Respondents is not respected and protected. The Respondents have deliberately gone out of their way to undermine the dignity of the Petitioners by humiliating and embarrassing them. the decisions of the Respondents violate the Memorandum of Understanding guaranteeing leadership positions of members from the Petitioners' region, isolating them by only electing members from the Luo community and region, and ignoring the petitioners without legal basis or foundation. 18.The petition is that the respondents, 2nd and 3rd Interested Parties violated both the right to information enshrined both under Article 35 the Constitution and Access to Information Act. The Petitioners were not supplied with election reports and materials when they sought the same through the letter dated the 8th of January 2026. 19.There is a violation of article 36 of the constitution by breach of the memorandum of understanding that addressed the right and freedom of association. the Memorandum of Understanding guaranteeing members from the Petitioners' community leadership positions, but also taking no action despite a raft of complaints against the same. 20.Article 41(2) (c) of the Constitution and section 34 of the LRA give every worker a right to participate in trade union activities, including elections, without discrimination. The Respondents' actions frustrate this right by denying the Petitioners and the members from the Petitioners' community from enjoying these rights by using their might of numbers having been the minority. 21.The petitioners, therefore, seek that the orders sought in the petition be allowed with costs. 22.In support of the petition, the petitioners filed the supporting affidavit of Marwa Francis Mahaba. 23.In reply, the respondents filed the Replying Affidavit of Akello M.T Misori who is the Secretary General of KUPPET, the 1st respondent and he is the 2nd respondent and CEO thereof. His reply is with the authority of the 1st to respondents. 24.Misori avers that the petition is without merit. the orders sought are convoluted and cannot issue. there is no proof of malpractice or irregularities in the Migori branch elections other than throwing wild accusations. 25.The 1st Respondent does not discriminate against its members and ensures that all its members' rights to human dignity are respected and adhered to both at the national and branch level. The elections of the 4th Respondent in 2016, 2021 and 2026 were free and fair and reflected the will of the members of the 4th Respondent and was conducted in compliance with the constitution of the 1st Respondent and as such the 2016, 2021 and 2026 elections should be upheld by this court. 26.The petition is a disguised attempt by the petitioners to unionize along tribal lines under the guise of being members of a non-existent Kuria Region KUPPET branch and seeking to create a sub branch when the Migori KUPPET Branch serves all teachers in the Migori county where the Petitioners currently teach. the allegation that no officials from Kuria Region were elected to the branch in the elections of Migori KUPPET branch in 2026 is not only untrue but is an attempt to mislead this court by the Petitioners. 27.The first elected assistant gender secretary on 10th January 2026 elections; Sharon Akoth Magai was a teacher from the Kuria Region teaching at Nyabokarange Mixed Secondary School when she vied and got elected as a delegate to Migori KUPPET Branch in 2026. She however received threats and harassment from the Petitioners and their agents which has necessitated a request for a transfer from her employer on grounds of insecurity. 28.Misori avers that the Petitioners and their agents have made it difficult for teachers who do not support the creation of a sub branch to work in the area they deem Kuria Region by lobbying threats of violence and harm against them. There is intent of the petitioners to exclude and frustrate teachers they do not agree with in the non-existent Kuria Region KUPPET. 29.The petitioners have annexed lists of their alleged members from the Kuria Region, a list which has not been authenticated by their employer and which remains strange to the 1st to 4th Respondents. It is not clear what criteria were used to include or exclude members of the 1st and 4th Respondents from this impugned list. 30.Misori avers that the elections of the 1st Respondent are held at the national or branch level and are conducted by secret ballot, with campaigns involved. Some of the petitioners vied and lost because they could not convince their peers and colleagues to vote for them, since voting is not conducted along tribal lines. The petitioners admit that the 1st Petitioner was elected in the 2016 Migori KUPPET Branch elections. This disproves the petitioners' allegation that they are excluded and discriminated against in elections. 31.The constitution of the 1st Respondent sets out election rules to be followed in the conduct of elections. These guide the respondents. Tokenism and awarding of delegate seats are not allowed by the constitution of the 1st Respondent. Imposing delegates on the members of the 4th Respondent will infringe on their fundamental rights and freedoms under Articles 27, 36, and 41 of the Constitution. Relying on names only to ascertain the tribe of elected officials, as done by the petitioners, is insufficient, as a name is not sufficient evidence that one belongs to a certain tribe. The multicultural nature of Kenyans makes it inadequate to rely solely on a name to ascertain someone's tribe. The 1st Respondent's constitution provides for branches in the 47 counties to ensure integration, efficient operations, and easier communication and cohesion with the national office. Allowing sub-branches created in a county or within a branch is a slippery slope that could lead to the disintegration of the trade union. There are some counties that have several tribes that might feel they are a minority or come from a marginalised region and will seek to form their own branch; this will lead to the breakdown of leadership and the disintegration of the 1st Respondent. 32.The orders sought by the petitioners for an autonomous sub-branch within the Migori KUPPET branch are insufficient and inadequate, as no evidence has been presented before this court to warrant its creation. The 4th Respondent has duly elected officials capable and sufficient to take care of the interests of all its members, including the Petitioners. delegates are elected by popular vote within a branch and delegates work in various areas of a branch and are best equipped to deal with or solve issues of their members. The interest of the Kuria Region will be well taken care of by the delegates elected to the office of the 4th Respondent. 33.Misori avers that the MOU referenced by the Petitioners is strange to the 1st to 4th Respondents. 34.Constitutional amendments are governed by Article 25 of the 1st Respondent's constitution and this approach to court is premature and unwarranted. the national office of the 1st Respondent does not conduct or influence elections in any KUPPET branches countrywide. The mechanism of one branch per county of the KUPPET constitution is efficient as it provides and ensures inclusion as teachers or members are not all posted to work in areas they come from. Members of the 1st Respondent are spread all over and across the country and are free to participate without fear or favour in any branch elections as provided by law so long as they are members of said branches of the 1st Respondent. 35.Migori KUPPET Branch is a metropolitan and multicultural area with teachers and members belonging to diverse tribes and not one community as insinuated by the petitioners. Article 4 of the LRA gives every employee and member of a trade union the right to participate in the lawful activities of their trade union. Such activities must comply with the union constitution. In this case, the KUPPET Constitution. the Petitioners have not demonstrated to this court any exceptional circumstances under which the court can depart from the Constitution of the 1st Respondent. 36.They pray that the Petitioners Petition should be dismissed with costs. Determination 37.The petitioners admit that they are members of the Migori KUPPET branch of the union. The union is structured under the County framework, which in their case brings together Migori and Kuria KUPPET members. 38.The petitioners also admit that, through an MOU, it was agreed to accommodate the minority Kuria people under the Migori KUPPET branch by guaranteeing members from the Kuria Region at least three (3) elective and three (3) nominative seats in the branch structure. This arrangement was pegged on the Kuria being a minority and marginalised population in Migori County. 39.On the other hand, the respondents confirm that the KUPPET elections are regulated by its constitution, with representation through the branches. The petitioners are members of the Migori branch of KUPPET. There is no Kuria branch of the union as alleged. Indeed, the list of alleged Kuria branch members of KUPPET does not exist in law or in fact. It is a mere creation of the petitioners to urge a case of alleged marginalisation, which is not correct in view of their membership under the Migori branch. 40.Some of the petitioners have previously benefits form the KUPPET elections and elected as officials. they also vied and participated in the branch elections on 10 January 2026 and lost. 41.The arrangement and MOU relied upon by the petitioners has since been applied until the elections on 10 January 2026, when some vied and lost. The MOU provided that members from the Kuria Region were to hold at least 3 elective and 3 nominative seats in the branch structure. This arrangement was pegged on the Kuria being a minority and marginalised in Migori County. 42.To begin with, an MOU stands as a gentleman’s agreement. It is not registered with the Registrar of Trade Unions or with the court as a binding and enforceable document. 43.Additionally, the KUPPET is regulated under its constitution and the law that allows for representation through the branches and the national office. This is pursuant to section 34(2) of the LRA:1.The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions. 44.In the Migori branch elections, the petitioners did not allege discrimination until they lost. A loss in an election does not amount to discrimination against a party. A loss in an election is part of the democratisation of trade unions addressed under the preamble of the LRA. 45.Upon some petitioners subjecting themselves to the KUPPET Migori branch elections, there was a possibility of either a win or a loss. Inherently, in an election such as for the Migori branch, the voting members have to balance interests. Choose their best representative for the branch with the possible outcome to be a delegate at the national election and office. In thus balancing the rights and interests of KUPPET Migori branch members, it is not discriminatory for them to elect branch officials of their choice as held in Sankale Ole Kantai T/A Kantai & Co. Advocates v Housing Finance Co. (K) Ltd [2014] KEHC 1463 (KLR), that alleged discriminatory treatment must be given context. Not every differential treatment amounts to discrimination against a given person or persons. The attendant context is imperative. See Independent Electoral and Boundaries Commission v Free Kenya Initiative & 22 others (Civil Application NAI E241 of 2022) [2022] KECA.This is the essence of an election such as held on 10 January 2026. 46.Furthermore, the petitioners do not challenge the election results for the KUPPET Migori branch. There is an admission that the petitioners had a representation of 1043 members from Kuria region. However, the 1st respondent union does not have a Kuria region branch or sub-branch, but the Migori Branch under which the petitioners are members. 47.The demographics of the alleged Kuria region members is given to consist of 1043 members with 63 serving senior schools and over 200 in junior schools. The ethnicity of these alleged members is not gone into. Equally, the ethnicity f the members under Migori region is not gone into. 48.It is appreciated by the court that teachers and members of the KUPPET form one of the most diverse communities in the country. They consist of persons trained and posted to serve in various institutions, ensuring a balance between professional training and deployment. To casualise the subject of being a minority and marginalised in the context of the teaching profession and fraternity requires detailed research and context. Being in the Kuria region of Kenya is not tantamount to being from the ethnic group. Being a Kuria in the Kuria region is not equivalent to being a minority or marginalised. 49.InNjoroge v Capital Markets Authority & 5 others [2022] KEHC 13518 (KLR) the court in addressing whether the petitioner was from a marginalized or minority groups held that there was no description as how such matter arose:… The petitioner failed to give the description of vulnerable and marginalized as provided for under article 56 of the Constitution. A mere apprehension of such a possibility did not suffice and it was upon her to prove this with precision in a commercial transaction for economic benefit. With respect to article 10 of the Constitution which set out the national values and principles of good governance, it was incumbent upon the petitioner, to go beyond the face value of the principles and demonstrate how the 2nd respondent breached or infringed upon her rights under article 10 of the Constitution. 50.In this case, some of the petitioner having actively participated in the KUPPET Migori branch elections, cannot turn around and assert a case of being discriminated against. That participation removes the petitioners as being is marginalised and vulnerable. They exercised their right to participate in the activities of their trade union, KUPPET. Some offered themselves as candidates. 51.However, it is not lost to the court that Article 21 of the Constitution creates a public duty to everyone including the respondents:All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.” 52.The 1st respondent, as a body representing the interests of teachers nationwide, is bound. The need to secure the rights of everyone in its membership, including those placed in the Kuria region, is imperative. Equally, under article 10 of the constitution, the 1st respondent and indeed the respondents are required to ensure the national values and principles of governance are addressed in its leadership:2.The national values and principles of governance include—patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;good governance, integrity, transparency and accountability; and sustainable development. 53.In undertaking future elections, the 1st respondent should place such matters and constitutional imperatives in place and secure the parties of all members in place including any minority or marginalized population in the context of Article 56 and 10 of the constitution as held in Centre for Minority Rights Development (CEMIRIDE) & 2 others v Attorney General & 2 others and Independent Electoral and Boundaries Commission (Interested Party) [2022] KEHC 955 (KLR). 54.In this case, as outlined above, without the petitioners giving a proper description of themselves as minority and a marginalised, being placed in Kuria region is not sufficient evidence of marginalisation or being a minority. A mere apprehension of such a possibility does not suffice and it was upon them to prove this with precision in a context of KUPPET Migori branch elections. 55.On the orders sought, the court finds no matter of alleged discriminatory treatment against the petitioners. Some participated in the elections in 2016, 2021 and 2026. The participation as voters and elective positions s confirmation f non-discrimination. The elections of the KUPPET Migori branch held on 10 January 2026 is per the union constitution and is lawful and valid. 56.The allegations that there exists a Kuria bloc of 1034 members within the 1st respondent is not with evidence and the union is governed under the national and County framework with the petitioners falling under the KUPPET Migori branch. The alleged membership of 1034 from Kuria region is not desegregated in any manner or form to constitute a marginalised or minority group save to be based in Kuria region. Such cannot form a basis for the court to order a sub-branch of the 1st respondent as required under section 25 of the LRA. The motions of the law thereof have not been addressed by the petitioners. 57.Regarding the request to be supplied with election reports and materials by the 2nd and 3rd respondents, this is purely administrative, the petitioners did not outline how their rights under article 35 of the constitution have been addressed and the applicable mechanisms thereof. It is imperative to exhaust the available procedures attendant thereto before invoking the court jurisdiction. 58.Premised on the branch elections, the 1st respondent has since held its national elections on 18 April 2026. The challenge to the KUPPET Migori branch elections hence addressed above, found without legal basis, the national elections in this regard stand valid. 59.The petitioners have also argued that the court should direct the respondents to amend the KUPPET constitution. as outlined above, the 1st respondent and indeed the respondents as a collective are bound under the constitution under all its provisions. Where a case is made for the inclusion and participation of minority and marginalised groups, the respondents are bound. However, the petitioners represented under the KUPPET Migori branch have a stake. Through their representatives, they are equally under a duty to ensure such representation comes with responsibility. Whatever matter(s) are not addressed under the KUPPET constitution, memoranda should be from its members and of the court. Some petitioners, having served as officials, have the opportunity to guide and ensure the necessary amendments are made through such representations. Such shall suffice. 60.Regarding costs, the petitioner fails and is found without merit as addressed above. The petitioners shall meet costs due to the respondents and interested parties. such shall be taxed accordingly. 61.Accordingly, the petition is without merit. it is dismissed. costs to the respondents and interested parties. DELIVERED VIRTUALLY THIS 25TH JUNE 2026.M. MBARŨJUDGEIn the presence of:Court Assistants: Nelson Kemboi and Catherine Makau……………………………………………… and………………….…………………………...