ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL (c) not to be discriminated against, (d) to inherent dignity and the right to have the dignity protected; (e) to security of the person, (f) not to be subjected to any form of violence either from public or private sources or torture or cruel or degrading treatment; and (g) to access to justice as respectively set out in Articles 21(1), 21(3), 27,28,29,48,50(1) and 53(1) (c) of the Constitution of Kenya. 2. A declaration be and is hereby made to the effect that the neglect, omission, refusal and/or failure of the police to conduct prompt, effective, proper and professional investigations into the first eleven petitioners’ respective complaints violates the first eleven petitioners’ fundamental rights and freedoms under(a) Articles 1 to 8(inclusive) and 10 of the Universal Declaration of Human Rights, (b) Articles 2, 4, 19, 34 and 39 of the United Nations Convention on the rights of the child; (c) Articles 1, 3, 4,16 and 27 of the African Charter on the Rights and welfare of the child, and (d) Articles 2 to 7(inclusive) and 18 of the African Charter on Human and people’s rights. 3. An order of mandamus be and is hereby made directing the 1st respondent together with his agents, delegates and/or subordinates to conduct prompt, effective, proper and professional investigations into the 1st to 11th petitioners’ respective complaints of defilment and other forms of sexual violence. 4. Prayer No.4 is refused 5. Prayer No.5 is refused 6. An order of mandamus be and is hereby made directing the 1st respondent together with his agents, delegates and/or subordinates to implement Article 244 of the Constitution in as far as it is relevant to the matters raised in this Petition. Prayer 7 is refused. Costs of the petition to the petitioners against the 1st and 2nd respondents jointly and severally. DATED, SIGNED AT MERU THIS 27thDAY OF MAY, 2013. J. A. MAKAU JUDGE http://www.kenyalaw.org - Page 16/17

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