ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL
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 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 defilement and other forms of sexual violence.
4. an order of mandamus directing the 3rd respondent together with his agents, delegates and/or
subordinates to(a) formulate the National Policy Framework envisioned by Section 46 of the Sexual Offences Act,
2006 through a consultative and participatory process, ensuring its compliance with the
Constitution and to disseminate, implement and widely and regularly publicize the National
Policy Framework, and
(b) Make and/or cause the National Policy Framework in (a) above to be made a mandatory
component of the training curricular at all police training colleges and institutions.
5. An order of mandamus directing the 3rd respondent together with his agents, delegates and/or
subordinates to implement the guidelines provided in the Reference Manual on the Sexual
Offences Act, 2006 for prosecutors, Sections 27-36, excepting section 34.
6. An order of mandamus 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.
7. An Order directing the Respondents to regularly and/or account to the HonourableCourt, for
such period as the Honourable court may direct, on compliance and/or implementation of the
orders set out in paragraphs (3) to (6) (inclusive) above.
8. The costs of and incidental to this petition
9. such other, further, additional, incidental and/or alternative reliefs or remedies as the
Honourable court shall deem just and expedient.
The learned State Counsel for the 1st and 3rdrespondents, Mr. Menge filed grounds of opposition dated
6th March, 2013 and the 2nd respondent filed replying affidavit dated 17th January, 2012.
On the 3rd December, 2012 leave was granted to FIDA to be enjoined as party in this petition. On 11th
March, 2013 Kenya National Commission on Human Rights was made a party to this matter and allowed
to appear as Amicus Curiae. On the same day the court directed that the respondents who had not put in
their written submissions do so within a month and this matter was set down for highlighting on 30th April,
2013.
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