disproportionate to such an aim and, is ultimately counterproductive to its achievement. The Applicant is of the view that the Respo ndent has failed to show that the reasons for such difference in treatment are strictly proportionate to or absolutely necessary for the aims being pursued, and concludes that as a result , the laws which permit this discrimination are in violation of Article 2 of the Charter. 30 Respondent's Submission 134 . The Respondent submits that there has been no discrimination against the Ogieks and that the alleged discrimination in education, health , access to justice and employment is baseless, and lacks justification and documentary evidence . The Respondent submits that the complainants have not demonstrated, as is required , how the Respondent discriminated against the Ogieks . The Respondent calls on the Applicant to prove the discrimination alleged and to establish facts from which the discrimination occurred . 135 . The Respondent contends that , in any event, the alleged discrimination would be contrary to its Constitution which provides safeguards against such discrimination . The Respondent cites Articles 10 (National values and principles of governance) and Article 24 of its Constitution, which provide inter alia that, e very person is equal before the law and has equal protection and benefit of the law. The Respondent also cites Article 27(4) thereof which prohibits the State from discriminating "directly or indir ect ly any person on any ground , including race , sex , pregnancy , marital status, health status , ethnic or social origin, colour , age , disability, religion , conscience, belief , culture, dress , language or birth " . These include the Constitution of Kenya, 1969 (as Amended in 1997), the Government Lands Act Chapter 280 of the Laws of Kenya, Registered Land Act Chapter 300 of the Laws of Kenya, Trust Land Act Chapter 285 of the Laws of Kenya and the Forest Act Chapter 385 of the Laws of Kenya. 30 \