ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL psychological trauma. That the 2nd petitioner reported the aforesaid act of defilement at Kariene Police Station on 17th January, 2012. That the Police Officers at Kariene Police Stationinterrogated the 2nd petitioner loudly and in public in the hearing of all present at the police station, thereby subjecting the 2nd petitioner to humiliation, embarrassment and inhuman treatment. That the police officers refused to issue a P3 form to the 2nd petitioner, insisting that they had to wait until the 2nd petitioner’s baby, conceived out of the defilement was born and further refused to arrest or interrogate the perpetrator and unlawfully, inexcusably and unjustifiably neglected, omitted and/or otherwise failed to conduct prompt, effective, proper and professional investigation into the 2nd petitioner’s complaint. The 2nd petitioner contends that the neglect, refusal and/or failure of police to conduct prompt, effective, proper and professional investigation, into her complaint violates her fundamental rights and freedom under Article 2, 21(1),(3),27,28,29,48,50(1) and 53(1),(c) of the Constitution of Kenya, 2010. The 3rd petitioner, contends that on 27th December, 2011 when aged 8 years was defiled by a gang of three neighbours(M/S. Z K, KM and M N) and as a result of the defilement she contracted a sexually transmitted disease and suffered grave physical and psychological trauma. That the 3rd petitioner reported the said defilement at Laare Police Station on 25th December, 2012. That the police officers at Laare Police Station arrested and charged only one of the three perpetrators in the defilment but failed to investigate, interrogate and/or arrest the other perpetrators in spite of their continued threat, harassment and intimidation of the 3rd petitioner’s family. The 3rd petitioner contends that the refusal, neglect, omission and/or failure of the police to investigate, interrogate and/or arrest the other perpetrators violates her fundamental rights and freedoms under Articles 2, 2(1) 3, 27, 28, 29, 50(1) and 58(1), (c), of the Constitution of Kenya, 2010. The 4th petitioner in June, 2010, then aged 12 years was defiled by an Administration Police Officer(JMM) as a result of which she conceived and has suffered a grave physical and psychological trauma. That the perpetrator who has since admitted to the offence is contended has been harassing, intimidating and threatening the 4th petitioner and her family. That though the perpetrator was formally charged in court, the petitioner contends, the police have frustrated and delayed the criminal proceedings by inter alia, insisting on receiving money and travel reimbursement from the petitioner, failing to avail the police investigation file and failing to timeously avail DNA results. The fourth petitioner contends that the delay in the prosecution of the perpetrators and the manner of which the police have handled the case violates her fundamental rights and freedoms under Article 2, 21(1), 21(30, 27, 28 , 29, 48 50(1) and 53(1),(c), of the Constitution of Kenya, 2010. The 5th petitioner contends that on 11th May, 2011, then aged 11 years, was defiled by her neighbor(DM) causing her grave physical and psychological trauma. That the police have neglected, omitted, refused and/or otherwise failed to investigate, interrogate and/or arrest the perpetrator in spite of the 5th petitioner’s complaint and ample evidence linking the perpetrator to the defilement. The 5th petitioner contends that the neglect, omission, refusal and/or failure on the part of the police to investigate, interrogate and/or arrest the perpetrator violates her fundamental rights and freedoms under Article 2, 21(1), 3(), 27, 28, 29, 48, 50(1) and 53(1) (c) of the Constitution of Kenya, 2010. The 6th petitioner contends that she was repeatedly defiled by her father (MM) between the year, 2008 and 2011, as a result of which she has suffered grave physical and physiological trauma. The 6th petitioner averred that she reported the aforesaid acts of defilment at Tigania Police Station on 1st July, 2011 who failed, neglected, omitted and refused to conduct prompt, effective, proper and professional investigationinto the 6th petitioner’s complaint. The 6th petitioner contends that the neglect, omission, http://www.kenyalaw.org - Page 5/17