R.M v ATTORNEY GENERAL & 4 others [2010] eKLR is barbarous, brutal or cruel” while degrading punishment is “that which brings a person dishonour or contempt.” 167. We agree with that definition. We find that the strip searches conducted by the prison wardens exposed the petitioner to inhuman and or degrading treatment because of the petitioner’s peculiar circumstances. Exposing the petitioner’s ambiguous genitalia in the presence of other persons was cruel and brought ridicule and contempt to the petitioner. More so because in the absence of conclusive medical evidence, it was not clear whether petitioner was being searched by officers of the same sex as required by Prison Rule 36(2). 168. We do appreciate that conducting searches of prisoners in prison is a very important exercise. However, such searches must be done with utmost decorum and respect for human dignity. Where necessary, as is the case with the petitioner, such invasive body searches should be done by use of modern technology such as is employed in some airports. We do note that the right to protection against inhuman and degrading treatment is an absolute right, only limited in one instance i.e. where the act complained of is the infliction of a punishment authorized by law. Searches of prisoners, though authorized by law, is not a punishment and cannot therefore limit the petitioner’s constitutional right to protection against inhuman and degrading treatment. We come to the conclusion that the petitioner’s right to protection against inhuman and degrading treatment as provided under Section 74 of the Constitution was violated by prison officials. 169. Under Section 84 of the Constitution, this court is obliged to provide redress for the wrong that the petitioner has suffered through the violation of his fundamental right to protection against inhuman and degrading treatment. We have taken note of the petitioner’s circumstances as a condemned convict. Nonetheless, every person regardless of their status in life is entitled to respect for his human dignity. It is therefore necessary that we award the petitioner damages so as to vindicate and restore his dignity. We find that a sum of Kshs.500,000/= would be appropriate in that regard. 170. In light of the above finding, we dismiss the petition except for prayer (q) of the amended petition in respect of which we give judgment for the petitioner and issue a declaration that the petitioner’s right to protection against inhuman and degrading treatment has been violated. We award the petitioner general damages of Kshs.500,000/=. The petitioner having only succeeded in respect of one of his many claims, we award him 20% of his costs as against the 1st and 2nd respondents. All the other parties will meet their own costs. For the avoidance of doubt, we reiterate that in view of the ambiguity surrounding the sex of the petitioner the order for the petitioner to be held in separate and exclusive accommodation from other male convicts will continue to remain in force. Those shall be the orders of the court. Dated and delivered at Nairobi this 2nd day of December, 2010. ……………………. H. M. OKWENGU http://www.kenyalaw.org - Page 43/45